Electoral Commission Act, 1996 (Act No. 51 of 1996)

Chapter 4 : Registration of Parties

15. Registration of parties

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(1) The chief electoral officer shall, upon application by a party in the prescribed manner and form, accompanied by the items mentioned in subsection (3), register such party in accordance with this Chapter in resopect of—
(a) the entire Republic;
(b) a particular province; or
(c) a particular district or metropolitan municipality, provided that a party registered for a—
(i) particular province may under such registration only participate in elections for that provincial legislature and for all the municipal councils in that province;
(ii) metropolitan municipality may under such registration only participate in elections for that metro council; or
(iii) district municipality may under such registration only participate in elections for that district council and for the local council falling within the area of that district municipality.’

[Section 15(1) substituted by section 3(a) 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]

 

(2) The form shall, inter alia, make provision for the following:
(a) the name of the party;
(b) the distinguishing mark or symbol of the party in colour; and
(c) the abbreviation, if any, of the name of the party consisting of not more than eight letters.

[Section 15(2) substituted by section 26 of Act No. 34 of 2003]

 

(3) The application shall be accompanied by—
(a) that party's deed of foundation which has been adopted at a meeting of, and has been signed by the prescribed number of persons who are qualified voters;
(b) the prescribed amount, if any; and
(c) [Section 15(3)(c) deleted by section 26 of Act No. 34 of 2003]
(d) that party's constitution.

[Section 15(3) substituted by section 26 of Act No. 34 of 2003]

 

(4) The party's deed of foundation shall contain the prescribed particulars.

 

(4A)A party applying for registration in terms of subsection (1) must publish the prescribed notice of the application in—
(a) the Gazette, in the case of an application referred to in subsection (1)(a);
(b)the relevant provincial Gazette, in the case of an application referred to in subsection (1)(b); or
(c) the relevant provincial Gazette or a newspaper circulating in the municipal area concerned, in the case of an application referred to in section (1)(c).

[Section 15(4A) inserted by section 3(b) 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]

 

(4B) Any person may object to an application contemplated in subsection (1) in the prescribed manner and form within 14 days after the publication of the prescribed notice of the application.

[Section 15(4B) inserted by section 3(b) 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]

 

(5) After a party has been registered the chief electoral officer shall issue that party with a registration certificate in the prescribed form and publish the prescribed particulars of such registration in the Gazette.

 

(6) Every registered party not represented in a legislative body shall annually renew its registration in the prescribed manner and at the prescribed time.

 

(7)A party that is registered for a particular local municipality on the date on which the Electoral Laws Amendment Act, 2021, comes into operation, must be deemed to be registered in respect of the district municipality within whose jurisdictional area that local municipality is situated.

[Section 15(7) inserted by section 3(c) 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]