Electoral Act, 1998 (Act No. 73 of 1998)
Notice No. 1314 of 1998
Act
Chapter 1 : Interpretation, Application and Administration
1. Definitions
2. Interpretation of this Act
3. Application of this Act
4. Administration of this Act
Chapter 2 : Registration of Voters', and Voters' Roll
5. National common voters' roll
6. Persons who may apply for registration as voter
7. Applications for registration as voter
8. Registration
9. Applications to change registration details
10. Applications for deregistration as voter
11. Amendments to voters' roll by chief electoral officer
12. Notification by chief electoral officer
13. Appeal against decisions and steps of chief electoral officer
14. General registration of voters
15. Objections to voters' roll
16. Publication and copies of voters' roll
Chapter 3 : Proclamation of and Preparations for Elections
Part 1 : Proclamation of elections
17. Proclamation of elections of National Assembly
18. Proclamation of elections of provincial legislatures
19. [Repealed] Proclamation of municipal elections
20. Election timetables
21. General postponement of elections
22. Postponement of voting at voting station
23. Revote at voting station
Part 2 : Voters' roll
24. Voters' roll for election
24A. Voting in voting district where voter not registered
24B. Prisoners
25. Voters' roll for first election of National Assembly and provincial legislatures
Part 3 : Parties contesting election, and lists of candidates
26. Requirements for parties to contest election
27. Submission of lists of candidates
28. Non-compliance concerning submission of lists of candidates
29. Inspection of copies of lists of candidates and accompanying documents
30. Objections to lists of candidates
31. List of parties entitled to contest election and final lists of candidates
Part 3A : Independent candidates
31A. Nomination of independent candidate
31B. Requirements for independent candidates to contest elections
31C. Non-compliance
31D. Inspection of copies of lists of independent candidates and accompanying documents
31E. Objections to independent candidates
31F. List of independent candidates entitled to contest election
Part 4 : Municipal Councils
32. [Repealed] Further regulating of elections of municipal councils
Part 5 : Special votes and declaration votes
33. Special votes in election for National Assembly
33A. Special votes in election for provincial legislatures
34. [Repealed] Declaration votes
Chapter 4 : Elections
Part 1 : Voting
35. Officers at voting stations
36. Hours of voting
37. Initial procedures
38. Voting procedure
39. Assistance to certain voters
40. Issue of new ballot papers
41. Objections concerning voting
42. Sealing of full ballot boxes
43. Completion of form and sealing of voting materials
44. Mobile voting stations
45. More than one election on same day
Part 2 : Counting of votes at voting station
46. Place and time of counting of votes
47. Counting of votes and determination of provisional results
48. Objections concerning sorting of ballot papers
49. Objections concerning counting of votes and determination of provisional results
50. Procedure concerning provisional results and voting materials
Part 3 : Counting of votes at place other than voting station
51. Application of Part and procedures
52. Verification procedure
53. Objections concerning verification procedure
54. Application of certain sections in Part 2
Part 4 : Objections material to final results of election
55. Objections material to final results of election
56. Powers of Commission and Electoral Court
Part 5 : Determination and declaration of final result of election
57. Determination and declaration of final result of election
Part 6 : Electoral system
57A. System of representation in National Assembly and provincial legislatures
Chapter 5 : Agents
58. Appointment of agents
59. Powers and duties of agents
Chapter 6 : Administration
Part 1 : Voting districts
60. Establishment of voting districts
61. Factors for determining voting district boundaries
62. Consultation with political liaison committee
63. Inspection and copies of maps of voting districts
63A. Review of voting districts
Part 2 : Voting stations
64. Establishment of voting stations
65. Relocation of voting stations in emergencies
66. Boundaries of voting stations
67. Mobile voting stations
Part 3 : Voting materials
68. Ballot papers
69. Ballot boxes
70. Voting compartments
71. Voting materials
Part 4 : Appointment of officers, additional persons and institutions, and their powers and duties
72. Appointment of presiding officers
73. Powers and duties of presiding officers
74. Appointment of voting officers
75. Powers and duties of voting officers
76. Appointment of counting officers
77. Powers and duties of counting officers
78. Appointment of counters
79. Powers and duties of counters
80. Appointment of additional persons
81. Powers and duties of additional persons
82. General provisions concerning appointment of officers
83. General provisions concerning appointment of institutions
Part 5 : Accreditation of observers and persons providing voter education
84. Accreditation of observers
85. Powers and duties of accredited observers
86. Accreditation of persons providing voter education
Chapter 7 : General Provisions
Part 1 : Prohibited conduct
87. Undue influence
88. Impersonation
89. Intentional false statements
90. Infringement of secrecy
91. Prohibitions concerning voting and election materials
92. Prohibitions concerning placards and billboards during election
93. Obstruction of, or non-compliance with, directions of Commission, chief electoral officer and other officers
94. Contravention of Code
Part 2 : Enforcement
95. Institution of and intervention in civil proceedings by chief electoral officer
96. Jurisdiction and powers of Electoral Court
Part 3 : Offences and penalties
97. Offences
98. Penalties
Part 4 : Additional powers and duties of Commission
99. Electoral Code of Conduct and other Codes
100. Regulations
101. Assignment of powers and duties by Commission
102. Assignment of powers and duties by chief electoral officer
103. Powers to decide objections and appeals
103A. Conciliation in disputes and complaints
104. Access to private places
105. Ownership of voting and election materials, and disposal
106. Return or forfeiture of deposit
Part 5 : Other general provisions
107. Temporary obligations
108. Prohibition on certain political activities
109. Prohibition on publication of exit polls
110. Effect of certain irregularities
111. Inspection and copying of documents
112. Prohibition on certain strikes and lockouts
113. Limitation of liability
114. Composition of National Assembly and provincial legislatures
115. Repeal of Laws
116. Act binds State
117. Application of Act when in conflict with other laws
118. Short title and commencement
Schedules
Schedule 1 : Election Timetable
Schedule 1A : System of Representation in National Assembly and Provincial Legislatures
Schedule 2 : Electoral Code of Conduct
Schedule 3 : Composition of National Assembly and Provincial Legislatures
Schedule 4 : Repeal of Laws
Regulations
Voter Registration Regulations, 1998
Notice No. R. 1340 of 1998
1. Definitions
2. Application for registration as voter
3. Application to have change of place of ordinary residence recorded
4. Application for re-registration as voter
5. Notification by chief electoral officer
6. Appeal to Commission against decisions and steps of chief electoral officer
7. Objections to voters' roll
8. Fee for certified copy of or extract from voters' roll
9. Fee for certified copy of map of voting district
9B. Fee for certified copy of electronic images of maps
10. Particulars to be entered in the voters' roll
11. Registration in voting district
11A. Orderly conduct at registration stations
12. Short title
Appendices
Election Regulations, 2004
Notice No. R. 12 of 2004
Chapter 1 : Definitions
1. Definitions
Chapter 2 : Voting Districts and Voting Stations
2. Voting district map
3. Postponement of voting at voting station
4. Revote at voting station
5. List of voting stations
Chapter 3A : Special Votes in an Election for the National Assembly
6. Categories of persons eligible for special votes
7. Physical infirmity or disability or pregnancy: Voting inside voting district
8. Physical infirmity or disability or pregnancy: Voting outside voting district
9. Election officers, security services members and voters' intended absence from voting district on voting day
10. Notice of intention to cast a special vote outside the Republic
11. [Deleted] Application for a special vote outside the Republic
12. Counting of Special Votes cast in the Republic
13. Provisions of the Act and regulations thereunder
Chapter 3B : Special Votes in an Election for a Provincial Legislature
14. Categories of persons
15. Physical infirmity or disability or pregnancy: Voting inside voting district
15A. Physical infirmity or disability or pregnancy: Voting outside voting district
15B. Election officers, security services members and intended absence from voting district on voting day
15C. Counting of Special Votes cast in the Republic
15D. Provisions of the Act and regulations thereunder
Chapter 4 : Voting
16. Closing and securing of ballot boxes before voting
17. Voting where not registered
18. Marking of hand of voter
18A. Voting procedure for a voter in respect of regional and provincial ballots whose address is not recorded on the voters' roll
18B. Number of times that voter may be issued with a new ballot paper
19. Objections concerning voting
20. Appeals concerning voting
21. Sealing of full ballot boxes
Chapter 5 : Mobile Voting Stations: Voting Procedures
22. Use of mobile voting stations only
23. Voting station and a mobile voting station
Chapter 6 : Counting of Votes
Part 1 : Counting of votes at voting station
24. Comparing of ballot papers with number issued
25. Counting of votes
26. Objections and appeals concerning sorting of ballot papers
27. Objections and appeals concerning counting of votes and determination of provisional results
Part 2 : Counting of votes at place other than voting station
28. Verification: Irregularities and discrepancies
29. Objections and appeals concerning verification
30. Appeal to Commission concerning verification
31. Objections material to the determination of the final results
32. Appeal to Electoral Court against decision of Commission
Chapter 7 : Party Agents and Candidates
33. Appointment and revocation of appointment of party agents
34. Identification of agents
35. Candidates allowed within voting station
36. Prohibited conduct at voting station
37. Powers and duties of agents
Chapter 8 : General provisions
37A. Undertaking by Officers
38. Offences and penalties
39. Repeal of Regulations
40. Short title
Appendices
Regulations Concerning the Submission of Lists of Candidates, 2004
Notice No. R. 14 of 2004
1. Definitions
2. List of candidates
2A. Nomination of independent candidates
3. Deposit
4. Notification of non-compliance by chief electoral officer
5. Fees for certified copy of lists and accompanying documents
6. Objection to nomination of a candidate
7. Appeal to Electoral Court against decisions of Commission
8. Repeal of Regulations
9. Short title
Schedules
Schedule A
Appendixes
Appendix 1/Annexure A : List of Candidates for the National Assembly (National List)
Appendix 2/Annexure B : Nomination of Candidates for the National Assembly (Regional List)
Appendix 3/Annexure C : Nomination of Candidates for the Provincial Legislature (Provincial List) in terms of the Electoral Act, 1998
Appendix 4/Annexure D : Acceptance of Nomination by Candidate on a Party List - Section 27(2)(c)
[Deleted] Appendix 5 : Acceptance of Nomination and Undertaking by Candidate
Appendix 6A : Notification of Non Compliance
Appendix 8 : Nomination of Independent Candidate [Regional] in terms of 31(A) and Acceptance of Nomination in terms of 31(B) of the Electoral Act
Appendix 9 : Nomination of Independent Candidate [Provincial] in terms of 31(A) and Acceptance of Nomination in terms of 31(B) of the Electoral Act
Appendix 10 : List of Signatories to Contest National Assembly Regional Seats - Section 27(2)(cB)(i) and 31(B)(3)(a)(i)
Appendix 11 : List of Signatories to Contest Provisional Legislature - Section 27(2)(cB)(ii) and 31(B)(3)(a)(ii)