(Section 99)
The purpose of this Code is to promote conditions that are conducive to free and fair elections, including—
| (a) | tolerance of democratic political activity; and |
| (b) | free political campaigning and open public debate. |
Every registered party and every candidate bound by this Code must—
| (a) | promote the purpose of the Code when conducting an election; |
| (b) | publicise the Code widely in any election campaigns; and |
| (c) | promote and support efforts in terms of this Act to educate voters. |
| 3. | Compliance with Code and electoral laws |
Every registered party and every candidate must—
| (a) | comply with this Code; |
| (i) | in the case of a party, its candidates, persons who hold political office in the party, and its representatives, members and supporters, to comply with this Code and any applicable electoral laws; or |
| (ii) | in the case of a candidate, the representatives and supporters of the candidate to comply with this Code and any applicable electoral laws; |
| (c) | take all reason able steps to ensure— |
| (i) | in the case of a party, that its candidates, persons who hold political office in the party, and its representatives, members and supporters, comply with this Code and any applicable electoral laws; or |
| (ii) | in the case of a candidate, that the representatives and supporters of the candidate comply with this Code and any applicable electoral laws. |
| (1) | Every registered party and every candidate must— |
| (a) | publicly state that everyone has the right— |
| (i) | to freely express their political beliefs and opinions; |
| (ii) | to challenge and debate the political beliefs and opinions of others; |
| (iii) | to publish and distribute election and campaign materials, including notices and advertisements; |
| (iv) | to lawfully erect banners, billboards, placards and posters; |
| (v) | to canvass support for a party or candidate; |
| (vi) | to recruit members for a party; |
| (vii) | to hold public meetings; and |
| (viii) | to travel to and attend public meetings; and |
| (b) | publicly condemn any action that may undermine the free and fair conduct of elections. |
| (2) | Every registered party and every candidate must accept the result of an election or challenge the result in a court. |
Every registered party and every candidate must liaise with other parties contesting an election and endeavour to ensure that they do not call a public meeting, march, demonstration, rally or any other public political event at the same time and place as that called by another party contesting the election.
Every registered party and every candidate must—
| (a) | respect the right of women to communicate freely with parties and candidates; |
| (b) | facilitate the full and equal participation of women in political activities; |
| (c) | ensure the free access of women to all public political meetings, marches, demonstrations, rallies and other public political events; and |
| (d) | take all reasonable steps to ensure that women are free to engage in any political activities. |
Every registered party and every candidate must—
| (a) | recognise the authority of the Commission in the conduct of an election; |
| (b) | assure voters of the Commission's impartiality; |
| (c) | give effect to any lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission, or the chief electoral officer; |
| (d) | establish and maintain effective lines of communication with— |
| (ii) | other registered parties contesting the election; |
| (e) | facilitate the access of members, employees and officers of the Commission, and the chief electoral officer, to public meetings, marches, demonstrations, rallies and other public political events of that party or candidate; |
| (f) | co-operate in any investigation of the Commission; |
| (g) | take all reasonable steps to ensure— |
| (i) | the safety of members, employees and officers of the Commission, and the chief electoral officer, in the exercise of any power or the performance of any duty assigned by or under this Act; |
| (ii) | that persons referred to in subparagraph (i) are not subjected to insult, hazard or threat by any representatives or supporters of that party or candidate; and |
| (iii) | that representatives of that party or candidate attend meetings of any political liaison committee or other forum convened by the Commission. |
[Item 7(g)(iii) of Schedule 2 substituted by section 22 of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April - effective 19 June 2023 (Proclamation No. 124 of 2023)]
Every registered party and every candidate—
| (a) | must respect the role of the media before, during and after an election conducted in terms of this Act; |
| (b) | may not prevent access by members of the media to public political meetings, marches, demonstrations and rallies; and |
| (c) | must take all reasonable steps to ensure that journalists are not subjected to harassment, intimidation, hazard, threat or physical assault by any of their representatives or supporters. |
| (1) | No registered party or candidate may— |
| (a) | use language or act in a way that may provoke— |
| (i) | violence during an election; or |
| (ii) | the intimidation of candidates, members of parties, representatives or supporters of parties or candidates, or voters; |
| (b) | publish false or defamatory allegations in connection with an election in respect of— |
| (i) | a party, its candidates, representatives or members; or |
| (ii) | a candidate or that candidate's representatives; |
| (c) | plagiarise the symbols, colours or acronyms of other registered parties; or |
| (d) | discriminate on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election or political activity. |
| (a) | offer any inducement or reward to another person— |
| (i) | to join or not to join a party; |
| (ii) | to attend or not to attend a public meeting, march, demonstration, rally or other public political event; |
| (iii) | to vote or not to vote, or to vote or not to vote in any particular way; or |
| (iv) | to refuse a nomination as a candidate or to withdraw as a candidate; or |
| (b) | carry or display arms or weapons— |
| (i) | at a political meeting; or |
| (ii) | in any march, demonstration, rally or other public political event; |
| (c) | unreasonably prevent any other person access to voters for the purpose of voter education, collecting signatures, recruiting members, raising funds or canvassing support for a party or candidate; |
| (d) | deface or unlawfully remove or destroy the billboards, placards, posters or any other election materials of a party or candidate; or |
| (e) | abuse a position of power, privilege or influence, including parental, patriarchal, traditional or employment authority to influence the conduct or outcome of an election. |
The Commission may by regulations made in terms of section 100 add provisions to this Code.
Electoral Reform Consultation Panel
| (1) | Within four months after the commencement of the Electoral Amendment Act 2023, the Minister must establish the Electoral Reform Consultation Panel. |
| (a) | The functions of the Panel are to independently investigate, consult on, report on and make recommendations in respect of potential reforms of the electoral system for the election of the National Assembly and the election of the provincial legislatures, in respect of the elections to be held after the 2024 elections. |
| (b) | The Panel must perform its functions referred to in paragraph (a) in a manner that enables Parliament to exercise its constitutional powers to determine the electoral system for the elections of the National Assembly and provincial legislatures, in respect of the elections to be held after the 2024 elections. |
| (a) | prior to the 2024 elections, engage in research and consider the issues falling within its functions; |
| (b) | after the 2024 elections, undertake a public participation process regarding the issues falling within its functions; and |
| (c) | the date of its establishment, submit a report to the Minister every three months on its progress. |
| (4) | The Panel must, within 12 months of the date of the 2024 elections, submit a report to the Minister on the possible options for electoral reform for the election of the National Assembly and the election of the provincial legislatures which must include— |
| (a) | reasons, potential advantages and disadvantages; |
| (b) | legal and constitutional implications; and |
| (c) | financial implications, for each proposed electoral system or electoral reform identified by the Panel. |
| (a) | The report contemplated in subsection (4) must reflect the views of the members of the Panel as to the possible options and recommendations for electoral reform. |
| (b) | In the case of disagreement as to the possible options and recommendations for electoral reform, the report may be divided into different sections setting out the different views of the members. |
| (a) | In the event that the Panel is unable to submit the report contemplated in subsection (4), the Panel must no less than three months before the date on which the report is due, make a written request to the Minister to allow the Panel an extension of no longer than six months to submit the report. |
| (b) | The Minister may upon receiving the request referred to in paragraph (a), grant the extension on good cause shown, provided that such an extension may only be granted once. |
| (7) | Upon receipt of the report contemplated in subsection (4), the Minister must within 30 days, table the report in Parliament for its consideration and publish the report through electronic and any other means. |
| (8) | The Panel is authorised to do all things necessary or incidental to fulfil its functions, including— |
| (a) | to call for and receive written submissions from political parties, independent candidates, civil society organisations and any interested person or party in respect of potential reforms of the electoral system; and |
| (b) | to make the written submissions publicly available and accessible through electronic and any other means. |
| (9) | In order to establish and constitute the Panel, the Minister must— |
| (a) | call on the public and any interested parties to nominate fit and proper South African citizens who— |
| (i) | have the necessary skills, expertise, experience, knowledge or academic qualifications in the administration and running of elections or constitutional law or electoral systems; |
| (ii) | are not members of Parliament or of any provincial legislature; and |
| (iii) | have not, in the past 12 months, been office-bearers or employees of any political party; |
| (b) | in consultation with the Commission and after approval by the National Assembly, appoint nine members to the Panel from such nominated persons who satisfy the criteria specified in paragraph (a); and |
| (c) | appoint one of the members of the Panel as the Chairperson of the Panel. |
| (10) | A member may resign from the Panel by giving the Minister— (a) one month’s written notice; or (b) less than one month’s written notice, with the approval of the Minister. |
| (11) | The Minister may, after taking the steps required by subsection (12), remove a member of the Panel, if that member— |
| (a) | committed an act of misconduct, becomes incapacitated or is incompetent; |
| (b) | is unable to perform his or her functions for more than 30 consecutive days; |
| (c) | acted contrary to the fulfilment of the Panel’s functions; or |
| (d) | neglected to perform the functions as required by a resolution of the Panel. |
| (12) | Before removing a member of the Panel in terms of subsection (11), the Minister must afford the member an opportunity to make written representations and must consider those representations. |
| (a) | Should a vacancy arise in the Panel, the Minister in consultation with the Commission, and after approval by the National Assembly, must fill the vacancy from the persons already nominated in the process contemplated in subsection (9)(a). |
| (b) | In the event that no suitable person can be appointed, the Minister must undertake a new nomination process as provided for in subsection (9)(a). |
| (14) | A member of the Panel, who is not in the full-time employment of the state, must— |
| (a) | be appointed on such terms and conditions as the Minister may determine; and |
| (b) | receive such remuneration and allowances, out of the funds appropriated for the functioning of the Panel, as the Minister may determine in consultation with the Minister of Finance. |
| (15) | The Director General of Home Affairs must, subject to the laws governing the public service— |
| (a) | appoint, second or designate persons in its employ; and |
| (b) | make available any other necessary resources, to assist the Panel to enable it to perform and fulfil its functions. |
| (16) | The Minister must dissolve the Panel— |
| (a) | after the Minister has tabled the report referred to in subsection (4) in Parliament; and |
| (b) | once the Minister and Parliament no longer require the Panel to perform any of its functions. |
(17) In this section:
| (a) | ‘‘2024 elections’’ means the elections of the National Assembly and the provincial legislatures, due to be held during 2024; |
| (b) | ‘‘Minister’’ means the cabinet member responsible for Home Affairs; and |
| (c) | ‘‘Panel’’ means the Electoral Reform Consultation Panel established in terms of subsection (1). |
[Electoral Reform Consultation Panel of Schedule 2 inserted by section 23 of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April - effective 19 June 2023 (Proclamation No. 124 of 2023)]
