Act 51 of 1996
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Electoral Commission Act, 1996
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Amendment of the Electoral Commission Act, 1996—
| a) | by the insertion under the "ARRANGEMENT OF SECTIONS" after section 15 of the following expression: "15A. Registration of parties for municipal elections"; and |
| b) | by the insertion after section 15 of the following section: |
"15A. Registration of parties for municipal elections
| 1) | The Chief Electoral Officer shall, upon application by a party in the prescribed form, register such party in respect of a particular municipality. |
| 2) | No party not represented in a municipal council in that municipal area or areas may be so registered unless the application is accompanied by— |
| a) | that parry’s deed of foundation; |
| b) | the prescribed amount, if any; and |
| c) | proof of publication in a newspaper circulating in that municipal area of the prescribed notice of application. |
| 3) | A party registered for a particular municipality or municipalities, may under such registration only participate in elections for councils for those municipalities. |
| 4) | Subsections (1), (2), (3) and (4) of section 15 do not apply to deregistration under this section." |
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Act 73 of 1998
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Electoral Act, 1998
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Amendment of the Electoral Act, 1998, by the addition to section 7 of the following subsection:
"(3)
| a) | A person is regarded to he ordinarily resident at the home or place where that person normally lives and to which that person regularly returns after any period of temporary absence. |
| b) | For the purpose of registration on the voters’ roll a person is not regarded to be ordinarily resident at a place where that person is lawfully imprisoned or detained, but at the last home or place where that person normally lived when not imprisoned or detained." |
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Act 117 of 1998
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Local Government: Municipal Structures Act, 1998
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Amendment of the Municipal Structures Act, 1998—
| a) | by the substitution in section 1 for the definition of "party" for the following definition: |
"party" means a party registered in terms of the Electoral Commission Act, 1996 (Act No 51 of 1996):"
| b) | by the insertion in section 12 after paragraph (e) of subsection (3) of the following paragraph: |
| eA) | in the case of a district municipality, the number of councilors determined in terms of section 23 to— |
| i) | proportionally represent parties; |
| ii) | be appointed by each of the local councils within the district municipality to directly represent each local municipality; and |
| iii) | proportionally represent parties from each district management area within that district municipality:" |
| c) | by the deletion in section 24 of the words "or dates" wherever they occur; |
| d) | by the substitution in paragraph (a) of subsection (1) of section 25 for the expression "Electoral Act" or the expression "Electoral Commission Act, 1996 (Act No. 51 of 1996)"; |
| e) | by the substitution in paragraph (b) of subsection (1) of section 25 for the word "development" of the word "management"; |
| f) | by the deletion in section 25 in the words preceding paragraph (a) of subsection (3) of the words "or dates"; |
| g) | by the deletion in paragraph (a) of subsection (3) of section 25 of the words "or last voting day"; |
| h) | by the deletion in subsection (4) of section 25 of the words "or dates’" wherever they occur; |
| i) | by the substitution in paragraph (f) of section 27 for subparagraphs (i) and (ii) of the following sub-paragraphs: |
| i) | was nominated by a party as a candidate in the ward election and ceases to be a member of that party; or |
| ii) | was not nominated by a party as a candidate in the ward election and becomes a member of a party."; |
| j) | by the substitution in item 1 of Schedule 1 for the definition of "independent ward councillor" of the following definition: |
"independent ward councilor" means a councilor who was not nominated by a party as a candidate in a ward election";
| k) | by the substitution in item 1 of Schedule 1 for the definition of "ward candidate representing a party" of the following definition: |
"ward candidate representing a party" means a ward candidate who was nominated by a party as a candidate in a ward election."
| l) | by the substitution for item 10 of Schedule 1 of the following item: |
"10. Submission of lists of candidates
A list of candidates may be submitted only by a party"
| m) | by the substitution for sub-items (1)and (2) of item 15 of Schedule 1 of the following sub-item, the existing sub-item (3) becoming sub-item (2): |
"If no party submitted a Iist, a by-election must be held within 90 days of nomination day and the MEC for local government must, after consultation with the Commission, determine the date of the election."
| n) | by the substitution for item 4 of Schedule 2 of the following item: |
"4. Submission of lists of candidates A list of candidates may be submitted only by a party" and;
| o) | by the substitution for sub-items (1) and (2) of item 9 of Schedule 2 of the following sub-item, the existing sub-item (3) becoming sub-item (2): |
| 1) | "If no party submitted a list, a by-election must be held within 90 days of nomination day and the MEC for local government must after consultation with the Commission, determine the date of the election." |
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