Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Chapter 1 : Interpretation, Application and Administration of Act

1. Definitions

Purchase cart Previous page Return to chapter overview Next page

 

In this Act, unless the context otherwise indicates—

 

"agent"

means a person appointed as an agent in terms of section 39;

 

"assignment"

in relation to a duty, includes an instruction to perform the duty and "assign" has a corresponding meaning;

 

"ballot"

in relation to—

(a)an election where a voter in terms of item 8(1) or 9(2) of Schedule 1 or item 3(a) of Schedule 2 to the Municipal Structures Act is entitled to cast one vote only, means a ballot conducted at a voting station to enable voters to cast that vote in the election; or
(b)an election where a voter in terms of item 9(1) of Schedule 1 or item 3(b) of Schedule 2 to the Municipal Structures Act is entitled to cast more than one vote, means each of the separate ballots conducted at a voting station to enable voters to cast those votes in the election;

 

"candidate"

means a party or ward candidate;

 

"chief electoral officer"

means the chief electoral officer appointed in terms of section 12(1) of the Electoral Commission Act, and includes any person designated to act in that capacity in terms of section 12(3) of that Act;

 

"Code"

means—

(a)the Electoral Code of Conduct; and
(b)any other Code issued by the Commission under section 88;

 

"Commission"

means the Electoral Commission, established by section 3 of the Electoral Commission Act;

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"counter"

means a person appointed as a counter in terms of section 33;

 

"counting officer"

means a person appointed as a counting officer in terms of section 31;

 

"district council"

has the meaning assigned to it in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

[Definition inserted by section 17(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]

 

"district management area"

[Definition deleted by section 17(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]

 

"election" or "municipal election"

means—

(a)an election of a municipal council; or
(b)a by-election for a municipal council or in a ward;

 

"Electoral Act"

means the Electoral Act, 1998 (Act No. 73 of 1998);

 

"Electoral Code of Conduct"

means the Code contained in Schedule 1;

 

"Electoral Commission Act"

means the Electoral Commission Act, 1996 (Act No. 51 of 1996);

 

"Electoral Court"

means the Court established by section 18 of the Electoral Commission Act;

 

"identity document"

means—

(a)an identity document issued after 1 July 1986, in terms of section 8 of the repealed Identification Act, 1986 (Act No. 72 of 1986); or
(b)a temporary identity certificate issued in terms of the Identification Act, 1997 (Act No. 68 of 1997);

 

"local representative"

in relation to the Commission, means a local representative of the Commission appointed in terms of section 12;

 

"MEC"

means the member of an Executive Council of a province responsible for local government in the province;

 

"Minister"

means the Minister for Provincial and Local Government;

 

"municipal council" or "council"

means a municipal council referred to in section 18 of the Municipal Structures Act;

 

"municipality"
(a)as a corporate entity, means a municipality established in terms of Chapter 2 of the Municipal Structures Act; and
(b)as a geographical area, means an area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);

 

"Municipal Structures Act"

means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

"officer"

means—

(a)a local representative of the Commission;
(b)a presiding officer;
(c)a voting officer;
(d)a counting officer;
(e)a counter; or

(f)        any other person appointed in terms of section 35;

 

"party" or "registered party"

means a party registered in terms of Chapter 4 of the Electoral Commission Act;

 

"party candidate"

means a person whose name appears on a party list;

 

"party list"

means a list of candidates proposed by a party for [he purposes of the election of members of a municipal council to proportionally represent parties in the council either in relation to the municipality or in relation to a district management area;

 

"political office"

in relation to a party, means any office in the party to which a representative of the party is elected or nominated, whether involving remuneration or not, or any other paid office in the party to which a person is appointed;

 

"prescribe"

means prescribe by regulation in terms of section 89 and "’prescribed" has a corresponding meaning;

 

"presiding officer"

means a person appointed as a presiding officer in terms of section 27;

 

"security services"

means the security services of the Republic referred to in section 199(1) of the Constitution;

 

"serve"

means—

(a)to send by post, telegram, telex, telefax or e-mail; or
(b)to deliver by hand;

 

"this Act"

includes a Code and any regulations made in terms of section 89;

 

"timetable"

in relation to an election, means a timetable for an election published by the Commission in terms of section 11;

 

"voter"

means a person whose name appears on the voters’ roll;

 

"voters’ roll"

means the national common voters’ roll compiled and maintained in terms of the Electoral Act;

 

"voting day"

means the day on which voting in an election takes or is to take place;

 

"voting district"

means a voting district established in terms of section 60 of the Electoral Act;

 

"voting officer"

means a person appointed as a voting officer in terms of section 29;

 

"voting station"

means a voting station established in terms of section 19;

 

"ward"

means a ward mentioned in item 2 of Schedule 1 of the Municipal Structures Act;

 

"ward candidate"

means a candidate nominated in terms of section 16 to contest an election in a ward, either as a candidate representing a party or as an independent candidate.