Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)Chapter 3 : Preparations for ElectionPart 6 : Officers, additional persons, institutions and agents38. General provisions concerning appointment of institutions |
| (1) | In this section, unless the context otherwise indicates, "institution" means an institution appointed by the Commission. |
| (2) |
| (a) | An institution and its employees— |
| (i) | exercise the powers and perform the duties delegated or assigned to the institution; and |
| (ii) | must perform those functions of office 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 institution, including— |
| (i) | the services, facilities and employees to be made available to the Commission by that institution; |
| (ii) | the powers and duties delegated or assigned to that institution; and |
| (iii) | the remuneration payable to that institution. |
| (3) | The delegation of a power or assignment of a duty to an institution does not prevent the Commission or the chief electoral officer from exercising that power or performing that duty. |
| (4) | An institution must ensure that an employee of an institution which exercises a power or performs a duty in terms of this Act is not— |
| (a) | a party or ward candidate contesting the election; |
| (b) | an agent in the election; or |
| (c) | holding a political or executive office in a registered party. |
| (5) | An institution may not be appointed unless that institution, and each of its employees who will exercise powers and perform duties in terms of this Act, have signed the prescribed undertaking, which must include an undertaking to be bound by a declaration of secrecy. |
| (6) | Every institution must ensure that it and its employees exercise their powers and perform their duties impartially and independently and without fear, favour or prejudice. |
| (7) | An institution, and each of its employees who exercises powers and performs duties in terms of this Act, may not, whether directly or indirectly, in any manner give support to, or oppose, any party or candidate contesting the election, or any of the issues in contention between parties or candidates. |
| (8) | An institution, and each of its employees who exercises powers and performs duties in terms of this Act, may not place in jeopardy their independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct. |
| (9) | The chief electoral officer may revoke the appointment of an institution on account of that institution’s— |
| (a) | incapacity or incompetence; |
| (b) | bias; or |
| (c) | failure to adequately discipline and control its employees exercising a power or performing a duty in terms of this Act. |
| (10) | An institution must immediately terminate an employee’s exercise of any power or performance of any duty in terms of this Act on account of that employee’s— |
| (a) | misconduct, incompetence or incapacity; |
| (b) | absence from duty without leave of the chief electoral officer; |
| (c) | bias; |
| (d) | contravention of this section; |
| (e) | contravention of the declaration of secrecy; or |
| (f) | conduct which is in any other way not conducive to free and fair elections. |
| (11) | An institution may terminate its appointment by giving two calendar months’ notice in writing to the chief electoral officer. |