Electoral Amendment Act, Act 73 of 1998 in South Africa (taking effect 16 October 1998) to regulate elections of the National Assembly, the provincial legislatures and municipal councils; and to provide for related matters. The Act provides for the right of South African citizens to vote by registering, to be recorded on a voters roll, enabling them to vote at elections in their voting districts. It outlines the process in which voters choose parties during elections and that parties submit a list of candidates to fill seats won.
Content of the Act The following is a brief description of the sections of the Electoral Act:
Chapter 1 - Interpretation, Application and Administration Section 1 Defines the meanings of certain common words used throughout the act. Section 2 Defines how anyone should interpret the Act. Section 3 Defines that the Act applies to elections in the National Assembly, provincial legislatures, municipalities, and by-elections. Section 4 Defines that the Act is administered by the Electoral Commission.
Chapter 2 - Registration of Voters' and Voter' Roll Section 5 Defines the need for a common voters roll administered by a Chief Electoral Officer. Section 6 Defines that all South African citizens with an identity document may apply. Section 7 Defines how a voter applies and their resident voting district. Section 8 Defines that registration on the voters roll takes place when the Chief Electoral Officer is satisfied with the application and defines the conditions when they won't register a person. Section 9 Defines how to change the registration details on a voters' roll when a person's voting district changes. Section 10 Defines how to deregister a voter and their removal from the voters' roll. Section 11 Define how amendments to voters’ roll are made by the chief electoral officer if they are not satisfied with the voter's details when incorrect or have changed or fail to meet the qualification rules. Section 12 Defines how the chief electoral officer notifies a voter when an application to join the voters roll is refused or a change of name or residence is refused, when deregistered or when amendments to the roll are made by the officer themselves. Section 13 Defines how voters' appeal against decisions and steps taken by the chief electoral officer in relation to sections 12 and sections 8, 9 and 11. Section 14 Defines how the Electoral Commission conducts a general registration of voters, cut-off dates to enrol, notifications in terms of section 12 and appeals as set out in section 13. The ability to view one's registration and where and how to object to details on the roll as described in section 15. And finally publish the voters' roll on completion. Section 15 Defines how a person makes objections to the voters roll of their name or others on the roll and how the Electoral Commission investigates the matter and the length of time they have to finalise the objection. Section 16 Defines how, when and where the completed voters' roll is available for viewing and the ability to purchase the voters roll or an extract.
Chapter 3 - Proclamation of and Preparations for Elections Part 1 Proclamation of elections Section 17 Defines the proclamation of elections of National Assembly is by the President or Acting President with a single date and day stipulated with the electoral commission giving advice on the choice of day. Section 18 Defines the proclamation of elections of provincial legislature is by the Premier or Acting Premier with a single date and day stipulated with the electoral commission giving advice on the choice of day. Section 19 Defines the proclamation of municipal elections is subject to Chapter 7 of the Constitution and national or provincial legislation. Section 20 Defines the creation of an election timetable, published in the Government Gazette and how it can be amended. Section 21 Defines how a person can call for a general election to be postponed and then why and how the Electoral Commission would postpone it. Section 22 Defines the procedures to postpone voting at a voting station prior to voting commencing and its notification. Section 23 Defines the procedures to convene a revote at a voting station when ballot papers are lost, destroyed, or removed unlawfully before counting. Part 2 Voters’ roll Section 24 Defines what Voters' roll is used for an election and the date according to the election timetable it will be ready for viewing and whereabouts. Section 25 Defines that section 24 does not apply to the voters’ roll for first elections of National Assembly and provincial legislatures and that the voters' roll is that one defined by section 5 and by the date referred to in section 14 (2) (h).
Part 3 Parties contesting election, and lists of candidates Section 26 Defines the requirements for parties to contest election as one that is a registered party and has submitted a list of candidates defined in section 27. Section 27 Defines the submission lists of candidates from a registered party as signed by the authorized party representative and binding all in that party to the Electoral Code of Conduct (CC), that candidates are qualified to stand, signed by the candidate to accept nomination and the code of conduct and a deposit. Defines the ability to set deposit amount by the Electoral Commission. Section 28 Defines the procedure to occur if a candidate on the submission list does not comply and the ability to substitute or reorder the list by a set date. Section 29 Defines the procedures to inspect the list of candidates and documents by means of a notice in the Government Gazette and media of where and when to view the lists or by a certified copy paid for by means of a fee. Section 30 Defines that anyone or the electoral officer can object to a candidate on the list submitted on the grounds of qualification to stand, lack of nomination signature or signature binding them to the Election Code subject to the dates in the election timetable. Defines that the political party to be served notice at the same time. Defines by when the Commission decision must be reached and the right of appeal as set by timetable and the final decision by the Commission after the appeal. Defines section 27 and the right of the party to offer a substitute candidate. Section 31 Defines the procedure of a final list of parties entitled to contest election and final lists of candidates as set by the election timetable, as well issue a certificate to each candidate stating they are registered in the election. Part 4 Municipal councils Section 32 Defines the ability of the Electoral Commission to make certain regulations listed concerning the elections of municipal councils subject to Chapter 7 of the South African Constitution. Part 5 Special votes and declaration votes Section 33 Defines the procedure for issuing of special votes for those unable to attend a voting station. Section 34 Defines the procedure for issuing of declaration votes, the ability to vote in another voting area, for those unable to attend their own voting station.
Chapter 4 - Elections Part 1 Voting Section 35 Defines the staffing of a voting station as a presiding officer and voting officers. Section 36 Defines the hours of voting are set by the Electoral Commission and defined in the voting timetable and can vary hours at different stations. Publish times in the media. Must be opened on time but can extend the voting closure times until midnight latest or temporary close a station during voting and reopen later in the day. Cannot vote after final closure but can vote if present in the station at time of closing for voting. Section 37 Defines the procedures of the presiding officer prior to voting to show empty ballot boxes to party agents and then close and secure said boxes in their presence. Section 38 Defines the voting procedure as, a voter can only vote once and in the voting district he is registered. Produce an identification document that is matched to the details on a voting roll and ensure they have not voted before. Presiding officer can take fingerprints of voter. Once satisfied, record the voter's presence to vote, mark the hand of the voter, mark back to validate and issue ballot paper to the voter. Defines that the voter has an empty voting compartment, mark his choices on his voting slip, fold the completed slip, show the mark of validation to a voting officer, and place the slip in the ballot box and then leave the voting station. Section 39 Defines the assistance that can be given to certain voters who unable to read as either assistance by an accredited observer and two agents of two different parties or a person assisting the voter subject to the voter having a physical disability, has asked this person to help and is over eighteen. Section 40 Defines the right to have a new voting slip issued if it has not been placed in the ballot box. The voting slip is returned to the voting office, marked cancelled, and filed and a new slip issued in accordance with the procedure in section 38 (5) and (6). Section 41 Defines the procedure to object to a person voting. This can be made by a party agent concerning the right to vote or at that station. The voter or another agent can object to this objection and a decision is then made by the presiding officer. An appeal of the decision can be made to the Electoral Commission. All decisions are made as a written record. Section 42 Defines how full ballot boxes are sealed by the presiding offer in the presence of party agents with their seals affixed. Same procedure applies to used boxes at the end of voting and remain sealed until counting in terms of section 46 (1) either at that station or at the place they are delivered too. Section 43 Defines the recording on forms, the number of ballot boxes received versus amount used and not used and the same procedure for voting ballots received, used, and remaining in the presence of presiding officer and party agents. Seal unused boxes in their presence as well in separate containers, the marked voters rolls, unused ballot slips, cancelled ballot slips, written objections and decisions and sealed as to prior procedures. Defines procedures to transfer forms, boxes, and containers to the counting officer. Section 44 Defines that sections 35 to 43 also apply to mobile voting stations. Section 45 Defines that if more than one election is held at a voting station on the same day, sections 35 to 43 also apply to each election. Part 2 Counting of votes at voting station Section 46 Defines the place and time of the counting as usually at the voting station or at venue determined Electoral Commission and commence as soon as possible and uninterrupted until complete unless suspended and then all ballot papers and other documents kept safe by counting officer until resumption. Section 47 Defines the counting of votes and the determination of a provisional result. The counting officer opens sealed ballot boxes. Organise the sorting of ballots into different elections if required, have the votes counted, recorded, and determine the result of the count. Reject ballot papers that identify the voter, vote for more than one party or candidate, no vote marked, unable to determine what was marked, no seal on back of ballot or is a counterfeit ballot paper. Counting officer must mark it rejected and filed separately or when disputed, mark so and count the result and then file separately. Section 48 Defines the procedures to object to the sorting of ballot papers. Section 49 Defines the procedures to object to the counting of ballot papers and provisional results and the procedure for recounting. Section 50 Defines the procedure concerning the recording of provisional results and voting materials. Defines the forms required and what is recorded, how the results are announced and what happens to the ballot papers and other material afterwards.