Electoral Act, 1998 (Act No. 73 of 1998)Chapter 6 : AdministrationPart 4 : Appointment of officers, additional persons and institutions, and their powers and duties82. General provisions concerning appointment of officers |
| (1) | A person may not be appointed as an officer in an election, or remain in that office, if that person— |
| (a) | is a candidate contesting that election; |
| (b) | is an agent in that election; or |
| (c) | holds political office in a registered party. |
| (2) |
| (a) | An officer exercises the powers and performs the duties assigned to that officer subject to the directions, control and discipline of the chief electoral officer. |
| (b) | The chief electoral officer must determine in writing the terms and conditions of appointment of an officer, including— |
| (i) | the powers and duties assigned to that officer; and |
| (ii) | any remuneration payable to that officer. |
| (3) | The assignment of a power or duty to an officer does not prevent the chief electoral officer from exercising that power or performing that duty. |
| (4) | A person may not be appointed as an officer unless that person has signed the prescribed undertaking, which must include an undertaking to be bound by— |
| (a) | the Code; and |
| (b) | a declaration of secrecy. |
| (5) | All officers must be impartial and exercise their powers and perform their duties independently and without fear, favour or prejudice. |
| (6) | An officer may not, whether directly or indirectly, in any manner give support to, or oppose, any registered or candidate contesting an election, or any of the issues in contention between parties or candidates. |
| (7) | An officer may not place in jeopardy that officer's perceived independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct. |
| (8) | An officer is not liable for any loss suffered by a person as a result of an act performed or omitted in good faith in the exercise of a power or the performance of a duty in terms of this Act. |
| (9) | An officer may be removed from office by the chief electoral officer on account of— |
| (a) | misconduct, incompetence or incapacity; |
| (b) | absence from duty without leave of the chief electoral officer; |
| (c) | bias; |
| (d) | a material contravention of this section; |
| (e) | a material contravention of the declaration of secrecy; or |
| (f) | any other consideration related to free and fair elections. |
| (10) | No appeal may be brought against a decision by the chief electoral officer to appoint a person as an officer, or to remove an officer from office. |
| (11) | An officer may resign from office by giving one calendar month's notice in writing to the chief electoral officer. |
| (12) | The chief electoral officer may appoint, in accordance with this Part, a person to fill a vacancy caused by the death or the removal or resignation from office of an officer. |