Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)Chapter 3 : Preparations for ElectionPart 6 : Officers, additional persons, institutions and agents37. General provisions concerning appointment of officers |
| (1) | A person may not be appointed as an officer in an election, or remain in that office, if that person— |
| (a) | is a party or ward candidate contesting the election; |
| (b) | is an agent in the election; or |
| (c) | holds political or executive office in a party. |
| (2) |
| (a) | An officer exercises the powers and performs the duties conferred on or assigned to that officer subject to the directions, control and disciplinary authority of the chief electoral officer. |
| (b) | The chief electoral officer must determine in writing the terms and conditions of appointment of an officer, including remuneration payable to that officer, if any. |
| (3) | The delegation or assignment of a power or duty to an officer does not prevent the Commission or the chief electoral officer from exercising that power or performing that duty. |
| (4) | A person may be appointed as an officer only if that person has signed a prescribed declaration of secrecy. |
| (5) | Officers must be impartial and exercise their powers and perform their duties independently and without fear, favour or prejudice. |
| (6) | An officer may not, whether directly or indirectly, in any manner give support to, or oppose, any party or candidate contesting an election, or any of the issues in contention between parties or candidates. |
| (7) | An officer may not place in jeopardy that officer’s independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct. |
| (8) | An officer may be removed from office by the chief electoral or officer on account of— |
| (a) | misconduct, incompetence or incapacity; |
| (b) | absence from duty without leave of the chief electoral officer; |
| (c) | bias; |
| (d) | a contravention of this section; |
| (e) | a contravention of the declaration of secrecy; or |
| (f) | any other consideration related to free and fair elections. |
| (9) | An officer may resign from office by giving one calendar month’s notice in writing to the chief electoral officer. |
| (10) | The Commission may appoint, in accordance with this Part, a person to fill a vacancy caused by the death or the removal or resignation from office of an officer. |