South Africa
Electoral Act, 1998
Act 73 of 1998
- Published in Government Gazette 19351 on 14 October 1998
- Assented to on 12 October 1998
- There are multiple commencements
- [This is the version of this document as it was from 26 November 2013 to 5 March 2019.]
Provisions | Status |
---|---|
Chapter 1, section 1–2, section 3(a), 3(b), section 4; Chapter 2 (section 5–16); Chapter 3 (section 17–34); Chapter 4 (section 35–57); Chapter 5 (section 58–59); Chapter 6 (section 60–86); Chapter 7 (section 87–118) | commenced on 16 October 1998 by Proclamation R104 of 1998. |
Chapter 2, section 7(3) | commenced on 11 July 2000. |
Chapter 1, section 3(1), 3(2); Chapter 2, section 6(1A), section 8(2)(f), section 16(3), 16(4); Chapter 3, Part 2, section 24A, section 24B; Part 5, section 33(1)(c), 33(1)(d); Chapter 4, Part 1, section 36(1)(a), 36(1)(b), section 38(5)(aA); Part 4, section 55(1)(a), 55(1)(b); Part 6 (section 57A); Chapter 6, Part 1, section 63A; Part 2, section 64(1A), 64(6), section 66(3), section 67(4), 67(5); Chapter 7, Part 4, section 103A, section 104(1), 104(2) | commenced on 17 December 2003. |
Chapter 3, Part 5, section 33(1)(e) | commenced on 31 December 2003. |
Chapter 1, section 3(c); Chapter 3, Part 5, section 33(3), 334), 33(5), 33(6), section 33A | commenced on 26 November 2013. |
- [Amended by Local Government: Municipal Electoral Act, 2000 (Act 27 of 2000) on 11 July 2000]
- [Amended by Electoral Laws Amendment Act, 2003 (Act 34 of 2003) on 17 December 2003]
- [Amended by Electoral Laws Second Amendment Act, 2003 (Act 40 of 2003) on 31 December 2003]
- [Amended by General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Act, 2008 (Act 55 of 2008) on 17 April 2009]
- [Amended by Electoral Amendment Act, 2013 (Act 18 of 2013) on 26 November 2013]
Chapter 1
Interpretation, application and administration of Act
1. Definitions
In this Act, unless the context otherwise indicates—"agent" means a person appointed in terms of section 58;"chief electoral officer" means the person 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 Code issued by the Commission under section 99, and includes the Electoral Code of Conduct;"Commission" means the Electoral Commission, established by section 3 of the Electoral Commission Act;"counter" means a person appointed in terms of section 78;"counting officer" means a person appointed in terms of section 76;"election" means—(a)an election of the National Assembly;(b)an election of a provincial legislature; of(c)an election of a municipal council or a by-election for a municipal council;"election timetable" means a timetable for an election published by the Commission in terms of section 20;"Electoral Code of Conduct" means the Code contained in Schedule 2;"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 an identity card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997);[definition of "identity document" substituted by section 1(a) of Act 18 of 2013]"list of candidates" means the list of candidates referred to in section 27;"municipal council" means a municipal council referred to in Chapter 7 of the Constitution;"officer" means—(a)a presiding officer;(b)a voting officer,(c)a counting officer;(d)a counter; orany natural person appointed in terms of section 80;"party liaison committee" means a committee established in terms of the Regulations on Party Liaison Committees published in terms of the Electoral Commission Act;"political office", in relation to a registered 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 100 and "prescribed" has a corresponding meaning;"prescribed manner" includes any prescribed requirement as to time, process or form;"presiding officer" means a person appointed in terms of section 72;"registered party" means a party registered in terms of section 15 of the Electoral Commission Act;"security services" means the services as defined in section 199 of the Constitution;"serve" means to send by registered post, telegram, telex or telefax or to deliver by hand;"South African passport" means a passport issued in terms of the South African Passports and Travel Documents Act, 1994 (Act No.4 of 1994).[definition of "South African passport" inserted by section 1(b) of Act 18 of 2013]"this Act" includes any regulations made in terms of section 100;"voter" means a South African citizen—(a)who is 18 years old or older; and(b)whose name appears on the voters’ roll;"voters’ roll" means the national common voters’ roll compiled in terms of section 5;"voting district" means a voting district established in terms of section 60;"voting officer" means a person appointed in terms of section 74;"voting station" means any voting station established in terms of section 64.2. Interpretation of this Act
Every person interpreting or applying this Act must—3. Application of Act
4. Administration of this Act
The Commission must administer this Act.Chapter 2
Registration of voters, and voters’ roll
5. National common voters’ roll
The chief electoral officer must compile and maintain a national common voters’ roll.6. Persons who may apply for registration as voter
7. Applications for registration as voter
8. Registration
9. Applications to change registration details
10. Applications for deregistration as voter
11. Amendments to voters’ roll by chief electoral officer
12. Notification by chief electoral officer
13. Appeal against decisions and steps of chief electoral officer
14. General registration of voters
15. Objections to voters’ roll
16. Publication and copies of voters’ roll
Chapter 3
Proclamation of and preparations for elections
Part 1 – Proclamation of elections
17. Proclamation of elections of National Assembly
18. Proclamation of elections of provincial legislatures
19. ***
[section 19 repealed by section 6 of Act 34 of 2003]20. Election timetables
21. General postponement of elections
22. Postponement of voting at voting station
23. Revote at voting station
Part 2 – Voters' roll
24. Voters’ roll for election
24A. Voting in voting district where not registered
24B. Prisoners
25. Voters’ roll for first elections of National Assembly and provincial legislatures
Part 3 – Parties contesting election, and lists of candidates
26. Requirements for parties to contest election
A party may contest an election only if that party—27. Submission of lists of candidates
28. Non-compliance concerning submission of lists of candidates
29. Inspection of copies of lists of candidates and accompanying documents
30. Objections to lists of candidates
31. List of parties entitled to contest election and final lists of candidates
Part 4 – Municipal councils
32. ***
[section 32 repealed by section 8 of Act 34 of 2003]Part 5 – Special votes and declaration votes
33. Special votes in eletion for National Assembly
33A. Special votes in election for provincial legislatures
34. ***
[section 34 repealed by section 8 of Act 18 of 2013]Chapter 4
Elections
Part 1 – Voting
35. Officers at voting stations
On voting day each voting station must be staffed by—36. Hours of voting
37. Initial procedures
Immediately before opening a voting station for voting, the presiding officer must—38. Voting procedure
39. Assistance to certain voters
40. Issue of new ballot papers
41. Objections concerning voting
42. Sealing of full ballot boxes
43. Completion of form and sealing of voting materials
44. Mobile voting stations
45. More than one election on same day
If more than one election is held at a voting station on the same day, the Commission must prescribe voting procedures, substantially in accordance with sections 35 to 43, for each of those elections.Part 2 – Counting of votes at voting station
46. Place and time of counting of votes
47. Counting of votes and determination of provisional results
48. Objections concerning sorting of ballot papers
49. Objections concerning counting of votes and determination of provisional results
50. Procedure concerning provisional results and voting materials
Part 3 – Counting of votes at place other than voting station
51. Application of Part and procedures
52. Verification procedure
53. Objections concerning verification procedure
54. Application of certain sections in Part 2
Sections 47 to 50, adjusted as may contextually be necessary, apply to the counting of votes and the determination of the result at a venue other than a voting station, objections and procedures concerning results and voting materials.Part 4 – Objections material to final results of election
55. Objections material to final results of election
56. Powers of Commission and Electoral Court
If the Commission or the Electoral Court decides, whether as a result of an objection or appeal brought under section 55 or otherwise, that a serious irregularity has occurred concerning any aspect of an election, the Commission or the Electoral Court may order—Part 5 – Determination and declaration of final result of election
57. Determination and declaration of final result of election
Part 6 – Electoral system
[Part 6 inserted by section 15 of Act 34 of 2003]57A. System of representation in National Assembly and provincial legislatures
Schedule 1A applies in general to elections for the National Assembly and provincial legislatures held under this Act, but without detracting from the generality of its application, in particular to—Chapter 5
Agents
58. Appointment of party agents
59. Powers and duties of agents
Chapter 6
Administration
Part 1 – Voting districts
60. Establishment of voting districts
61. Factors for determining voting district boundaries
The Commission must determine the boundaries of a voting district by taking into account any factor within the proposed voting district that could affect the free, fair and orderly conduct of elections, including—62. Consultation with party liaison committee
Before determining the boundaries of a voting district, the Commission may consult on the proposed boundaries of that voting district with—63. Inspection and copies of maps of voting districts
63A. Review of voting districts
Part 2 – Voting stations
64. Establishment of voting stations
65. Relocation of voting stations in emergencies
66. Boundaries of voting stations
67. Mobile voting stations
Part 3 – Voting materials
68. Ballot papers
The Commission must determine—69. Ballot boxes
70. Voting compartments
71. Voting materials
Part 4 – Appointment of officers, additional persons and institutions, and their powers and duties
72. Appointment of presiding officers
As soon as practicable after the proclamation of an election, the chief electoral officer, in consultation with the Commission, must appoint a presiding officer and a deputy presiding officer for each voting station at which that election is to be conducted.73. Powers and duties of presiding officers
74. Appointment of voting officers
As soon as practicable after the proclamation of an election, the chief electoral officer, in consultation with the Commission, must appoint for each voting station as many voting officers as may be necessary.75. Powers and duties of voting officers
A voting officer—76. Appointment of counting officers
77. Powers and duties of counting officers
78. Appointment of counters
79. Powers and duties of counters
A counter—80. Appointment of additional persons
81. Powers and duties of additional persons
A person appointed by the chief electoral officer in terms of section 80 may exercise any power and must perform any duty assigned to such a person by or under this Act.82. General provisions concerning appointment of officers
83. General provisions concerning appointment of institutions
Part 5 – Accreditation of observers and persons providing voter education
84. Accreditation of observers
85. Powers and duties of accredited observers
86. Accreditation of persons providing voter education
Chapter 7
General provisions
Part 1 – Prohibited conduct
87. Undue influence
88. Impersonation
No person—89. Intentional false statements
90. Infringement of secrecy
91. Prohibitions concerning voting and election materials
92. Prohibitions concerning placards and billboards during election
From the date on which an election is called to the date the result of the election is determined and declared in terms of section 57, no person may deface or unlawfully remove any billboard, placard or poster published by a registered party or candidate.93. Obstruction of, or non-compliance with, directions of Commission, chief electoral officer and other officers
94. Contravention of Code
No person or registered party bound by the Code may contravene or fail to comply with a provision of that Code.Part 2 – Enforcement
95. Institution of and intervention in civil proceedings by chief electoral officer
96. Jurisdiction and powers of Electoral Court
Part 3 – Offences and penalties
97. Offences
Any person who contravenes a provision of Part 1 of this Chapter or a provision of section 107, 108 or 109, is guilty of an offence.98. Penalties
Any person convicted of any offence in terms of—Part 4 – Additional powers and duties of Commission
99. Electoral Code of Conduct and other Codes
100. Regulations
101. Assignment of powers and duties by Commission
102. Assignment of powers and duties by chief electoral officer
103. Powers to decide objections and appeals
103A. Conciliation in disputes and complaints
The Commission may attempt to resolve through conciliation any electoral dispute or complaint about an infringement of the Code brought to its notice by anyone involved in the dispute or complaint.[section 103A inserted by section 22 of Act 34 of 2003]104. Access to private places
105. Ownership of voting and election materials, and disposal
106. Return or forfeiture of deposit
Part 5 – Other general provisions
107. Temporary obligations
108. Prohibition on certain political activities
On voting day no person may—109. Prohibition on publication of exit polls
During the prescribed hours for an election, no person may print, publish or distribute the result of any exit poll taken in that election.110. Effect of certain irregularities
111. Inspection and copying of documents
Where this Act requires that documents be publicised, or made available for inspection or copying, the Commission must endeavour to also publicise or make available those documents by way of electronic technology.112. Prohibition on certain strikes and lockouts
113. Limitation of liability
The Commission, a member, employee and officer of the Commission, the chief electoral officer, an institution appointed in terms of section 80, and a person with whom the Commission has contracted to work for the Commission, is not liable for any loss suffered by any person as a result of any act performed or omitted in good faith in the course of exercising a power or performing a duty assigned by or under this Act.114. Composition of National Assembly and provincial legislatures
The formulas referred to in sections 46(2) and 105(2) of the Constitution are set out in Schedule 3.115. Repeal of laws
116. Act binds State
This Act binds the State except in so far as criminal liability is concerned.117. Application of Act when in conflict with other laws
If any conflict arises between a provision of this Act and a provision of any oilier law, except the Constitution or an Act of Parliament expressly amending this Act, the provision of this Act prevails.118. Short title and commencement
History of this document
08 May 2024 amendment not yet applied
Amended by
Electoral Matters Amendment Act, 2024
19 June 2023 amendment not yet applied
Amended by
Electoral Amendment Act, 2023
27 August 2021 amendment not yet applied
Amended by
Electoral Laws Amendment Act, 2021
06 March 2019 amendment not yet applied
Amended by
Electoral Laws Amendment Act, 2019
26 November 2013 this version
Amended by
Electoral Amendment Act, 2013
Commenced
31 December 2003
17 December 2003
11 July 2000
16 October 1998
Commenced by
Electoral Act, 1998: Commencement
14 October 1998
12 October 1998
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Amendment to the Election Regulations, 2024 | General Notice 2369 of 2024 |
Amendment to the Election Regulations, 2024 | Government Notice R4724 of 2024 |
Amendment to the Election Regulations, 2024 | Government Notice R4792 of 2024 |
Cited documents 5
Legislation 5
1. | Constitution of the Republic of South Africa, 1996 | 3478 citations |
2. | Labour Relations Act, 1995 | 1988 citations |
3. | Local Government: Municipal Electoral Act, 2000 | 1362 citations |
4. | Electoral Commission Act, 1996 | 698 citations |
5. | Mental Health Care Act, 2002 | 361 citations |
Documents citing this one 494
Gazette 444
Judgment 45
Legislation 5
1. | Electronic Communications Act, 2005 | 914 citations |
2. | Protection of Personal Information Act, 2013 | 211 citations |
3. | Nuclear Energy Act, 1999 | 67 citations |
4. | Geoscience Act, 1993 | 17 citations |
5. | Regulations for the Election of the 40% of Members of Traditional Councils, 2007 |