Electoral Act, 1998 (Act No. 73 of 1998)Chapter 6 : AdministrationPart 4 : Appointment of officers, additional persons and institutions, and their powers and duties83. General provisions concerning appointment of institutions |
| (1) | In this section, "institution" means an institution appointed by the chief electoral officer in terms of section 80. |
| (2) |
| (a) | An institution and its employees exercise the powers and perform the duties assigned to the institution 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 institution, including— |
| (i) | the services, facilities and employees to be made available to the Commission by that institution; |
| (ii) | the powers and duties assigned to that institution; and |
| (iii) | any remuneration payable to that institution. |
| (3) | The assignment of a power or duty to an institution does not prevent the chief electoral officer from exercising that power or performing that duty. |
| (4) | An institution must ensure that an employee of that institution who exercises a power or performs a duty in terms of this Act is not— |
| (b) | an agent in that election; or |
| (c) | holds political office in a registered party. |
| (5) | An institution may not be appointed unless that institution, and each of its employees who will exercise powers and perform duties in terms of this Act, have signed the prescribed undertaking, which must include an undertaking to be bound by a declaration of secrecy. |
| (6) | Every institution must ensure that it, and its employees, exercise their powers and perform their duties impartially and independently and without fear, favour or prejudice. |
| (7) | An institution, and each of its employees who exercises powers and performs duties in terms of this Act, may not, whether directly or indirectly, in any manner give support to, or oppose, any registered party or candidate contesting an election, or any of the issues in contention between parties or candidates. |
| (8) | An institution, and each of its employees who exercises powers and performs duties in terms of this Act, may not place in jeopardy their independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct. |
| (9) | An institution and its employees are not liable for any loss suffered by any person as a result of any act performed or omitted in good faith in the exercise of any power or the performance of a duty in terms of this Act. |
| (10) | The chief electoral officer may revoke the appointment of an institution on account of that institution's— |
| (a) | incapacity or incompetence; |
| (b) | bias; or |
| (c) | failure to adequately discipline and control its employees exercising any powers or performing any duties in terms of this Act. |
| (11) | An institution must immediately terminate an employee's exercise of any power or performance of any duty in terms of this Act on account of that employee's— |
| (a) | misconduct, incompetence or incapacity; |
| (b) | absence from duty without leave of the chief electoral officer; |
| (c) | bias; |
| (d) | material contravention of this section; |
| (e) | material contravention of the declaration of secrecy; or |
| (f) | conduct which is not conducive to free and fair elections. |
| (12) | No appeal may be brought against a decision by the chief electoral officer to appoint an institution, or to revoke the appointment of an institution. |
| (13) | An institution may terminate its appointment by two calendar months' notice in writing to the chief electoral officer. |
| (14) | The chief electoral officer may appoint, in accordance with this Part, another institution in the place of an institution whose appointment has been revoked or terminated. |