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

Chapter 2 : Electoral Commission

5. Powers, duties and functions of Commission

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(1) The functions of the Commission include to—
(a) manage any election;
(b) ensure that any election is free and fair;
(c) promote conditions conducive to free and fair elections;
(d) promote knowledge of sound and democratic electoral processes;
(e) compile and maintain voters' rolls by means of a system of registering of eligible voters by utilising available data and information furnished by voters, as prescribed;

[Section 5(1)(e) substituted by section 1 of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019]

(f) compile and maintain a register of parties;
(g) establish and maintain liaison and co-operation with parties and independent representatives and independent candidates;

[Section 5(1)(g) substituted by section 34 of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]

(h) undertake and promote research into electoral matters;
(i) develop and promote the development of electoral expertise and technology in all spheres of government;
(j) continuously review electoral legislation and proposed electoral legislation, and to make recommendations in connection therewith;
(k) promote voter education;
(l) promote co-operation with and between persons, institutions, governments and administrations for the achievement of its objects;
(m) [Section 5(1)(m) deleted by section 94 of Act No. 117 of 1998]
(n) declare the results of elections for national, provincial and municipal legislative bodies within seven days after such elections;
(o) adjudicate disputes which may arise from the organisation, administration or conducting of elections and which are of an administrative nature; and
(p)appoint appropriate public administrations in any sphere of government to conduct elections when necessary.

 

(2) The Commission shall, for the purposes of the achievement of its objects and the performance of its functions—
(a) acquire the necessary staff, whether by employment, secondment, appointment on contract or otherwise;
(b) establish and maintain the necessary facilities for collecting and disseminating information regarding electoral matters;
(c) co-operate with educational or other bodies or institutions with a view to the provision of instruction to or the training of persons in electoral and related matters; and
(d) generally, perform any act that is necessary for or conducive to that.