Electoral Act, 1998 (Act No. 73 of 1998)Chapter 1 : Interpretation, Application and Administration1. Definitions |
ln this Act, unless the context otherwise indicates—
means a person appointed in terms of section 58;
means a South African citizen contesting an election, or a South African citizen nominated on a list of a party contesting an election, as the context requires;
[Definition inserted by section 1(a) of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
means the person appointed in terms of section 12(1) of the Electoral Commission Act and includes any person designated to act in that capacity in terms of section 12(3) of that Act;
means a Code issued by the Commission under section 99, and includes the Electoral Code of Conduct;
means the Electoral Commission, established by section 3 of the Electoral Commission Act;
means the Constitution of the Republic of South Africa, 1996;
[Definition inserted by section 1(b) of the Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
means a person appointed in terms of section 78;
"counting officer"
means a person appointed in terms of section 76;
means—
| (a) | an election of the national Assembly; |
| (b) | an election of a provincial legislature; or |
| (c) | an election of a municipal council or a by-election for a municipal council; |
means a timetable for an election published by the Commission in terms of section 20;
"Electoral Code of Conduct"
means the Code contained in Schedule 2;
means the Electoral Commission Act, 1996 (Act No. 51 of 1996);
means the Court established by section 18 of the Electoral Commission Act;
means an identity card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997);
[Definition substituted by section 1(a) of Notice No. 914 of 2013, GG 37069, dated 26 November 2013 (Electoral Amendment Act, 2013 (Act No. 18 of 2013))]
means a South African citizen contesting an election and who is not nominated on a list of a party;
[Definition inserted by section 1(c) of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
means the list of candidates referred to in section 27;
means the list of independent candidates referred to in sections 31D and 31F;
[Definition inserted by section 1(d) of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
means a municipal council referred to in Chapter 7 of the Constitution;
"officer"
means—
| (a) | a presiding officer; |
| (b) | a voting officer; |
| (c) | a counting officer; |
| (d) | a counter; |
or any natural person appointed in terms of section 80;
"party liaison committee"
[Definition deleted by section 1(e) of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
means a committee established in terms of the Regulations on Political Liaison Committees published in terms of the Electoral Commission Act;
[Definition inserted by section 1(f) of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
in relation to a registered party, means any office in the party to which a representative of the party is elected or nominated, whether involving remuneration or not, or any other paid office in the party to which a person is appointed;
means prescribe by regulation in terms of section 100 and "prescribed" has a corresponding meaning;
includes any prescribed requirement as to time, process or form;
means a person appointed in terms of section 72;
means a province referred to in section 103 of the Constitution;
[Definition inserted by section 1(g) of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
means the territorial area of a province;
[Definition inserted by section 1(g) of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
means a party registered in terms of section 15 of the Electoral Commission Act;
means the services as defined in section 199 of the Constitution;
means to send by registered post, electronic mail, telegram, telex, telefax or to deliver by hand;
[Definition substituted by section 30 of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]
means a passport issued in terms of the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994);
[Definition inserted by section 1(b) of Notice No. 914 of 2013, GG 37069, dated 26 November 2013 (Electoral Amendment Act, 2013 (Act No. 18 of 2013))]
includes any regulations made in terms of section 100;
means a South African citizen—
| (a) | who is 18 years old or older; and |
| (b) | whose name appears on the voters' roll; |
means the national common voters' roll compiled in terms of section 5;
means the day on which voting in an election takes place or is to take place;
[Definition inserted by section 7 of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]
means a voting district established in terms of section 60;
means a person appointed in terms of section 74;
means any voting station established in terms of section 64.