14 of 2010: Local Government: Municipal Electoral Amendment Act, 2010.
Act No. 14 of2010 LOCAL GOVERNMENT: MUNICIPAL EL.
To amend the Local Government: Municipal Electoral Act, 2000, so as to supplement promions relating to the election timetable and insert a related Schedule to the Act; to amend provisions relating to nomination ofcandidates; to provide for central payments ofdeposits by a party whicb contests election inmore than one municipality; to empower presiding ofticers to alter boundaries ofvoting stations, ifnecessary; to revise provisious relating to number of party agents at a voting station; to clarify tbe rights and responsibilities relating to assistance to certain voters; to provide for special votes and the procedure related thereto; to enhance the powers and functioos of tbe Electoral Commission and the Electoral Court in relation to the determination and declaration of tbe result ofan election; to provide for further regulation ofobjections material to the result ofan election; and to provide for matters connected therewith.
Amendment of section 11 ofAct 27 of 2000 1. Section 11 ofthe Local Government: Municipal Electoral Act, 2000 (Act No.
"(a) comp.ile a timetable for the election in accordance with Schedule 3; and"; and the addition of the following subs.
" (3) Any act required to be performed. in terms of this Act must be I 0 performed by no later than a date and time stated in the election timetable.".
Amendment of section 14 ofAct 27 of2000 2.
Act No. 14 of 2010 LOCAL GOVERNMENT: MUNICIPAL ELECTORAL AMENDMENT ACf.
"(b) a [tertified] copy of that page of the candidate's [identification] identity document on which the candidate's photo, name and identity number appear."
"(4) Ifa party omits to attach to its party list [all] any ofthe documents mentioned in subsection (3), the Commission must a) notify the party in writing by no later than the relevant date and time stated in the election timetable; and allow the party to submit the outstanding documents to the office of the Commission's local representative by [not] no later than [a] the date and time stated in the election timetable."
"(5) The Commission must remove from a party list the name of a can 1 ate in respect of whom any outstanding document has not been submitted by the date and time referred to in subsection (4); and who is not registered as a voter on that municipality's segment of the voters' roll."
"(6) The Commission must notify the party ofthe removal ofthe name of the candidate contemplated in subsection (5).".
Insertion of section 14A in Act 27 of2000 3.
Commission at the Coriunission's national office at the prescribed address.
Payments must be made by bank guaranteed cheque before the cut-otf time for . the submission of party lists and every cheque must be accompanied by a notice in the prescribed form specifying the details of each municipality to which the deposits apply.
a prescribed undertalcing, signed by the candidate, to be'-1-:--~-.
(/) a prescribed declaration, signed by the candidate, that he or she is not disqualified from standing for election in terms of the Constitution or any appjcable legislation.
notify the nominating party or person in writing by no later than the date stated in the election timetable; and allow the nominating party or person to submit the outstanding document by no later than a date st<lted in the election timetable.
with; and the candidate is registered as a voter on that municipality's segment of the voters' roll.
"(3) The siding officer may, after consultation with the a ents and mem o secunty semces w are present, at any ume re-determme re-demarcate the boundary of a voting station if it is necessary to do so in order to ensure proper control and security at that voting station.".
Amendment ofsection 39 of Ad 27 of 2000 6.
"(a) one agent per voting station in the ward or, if voting at the voting station takes place in more than one room or separately enclosed area, one agent in respect of each area or room; and".
Amendment of section 48 of Act rT of 2000 7.
"(2) The presiding officer or a voting officer, at the. request of a voter referred to in subsection (l)or a voter who is unable to read, must assist that voter [to cast a vote] in voting and provide such assistance in the presence of-".
Substitution of section 64 ofAct 27 of 2000 9.
Substitution of section 65 of Act 27 of 2000 10.
An interested party may lodge with the Commission an objection maten to t e result of an election, concerrung any aspect of the voting or counting proceedings provided for in Chapter 5 or Chapter 6, respectively; or alleged unlawful interference with or obstruction of election activities or processes in the vicinity of, at or in a voting station; or interference with or influencing, intimidation or obstruction of voters or prospective voters in the vicinity of, at or in a voting station.
a list of supporting documents accompanying the notice of objection; and proof of service of copies of the notice and annexures on all other interested parties.
The Commission may, on good cause shown, condone a late objection.
call upon the objecting party to submit further information or arguments in writing or verbally; or conduct a hearing on the objection.
The Commission must consider the objection and either reject or uphold it.
Ad No. 14 ol 2010 LOCAL GOVERNMENT: MUNICIPAL ELECTORAL AMENDMENT ACT, 2010 reduce the number of votes cast in favour of a party or a candidal.e.
Ifthe Commission decides to uphold the objection after the result of the election had been declared, the Commission may a amend the result; or if it is of the opinion that the seriousness and extent of unlawful conduct or irregularities that occurred may justify the setting aside of the election, refer the objection to the Electoral Court for its decision.
The Commission must immediately notify the objecting party and any other interested parties involved in the objection of its decision in terms of subsection (5).
An objecting party or other party involved in the objection who feels aggrieved by the decision ofthe Commission may, within seven days ofthe Commission's decision, lodge an appeal to the Electoral Court in terms of section 20 of the Electoral Commission Act and the Rules of the Electoral Court.
make an appropriate order; and notify the parties to the appeal of its decision.
make an appropriate order; and must notify the objecting party of its decision.
The declared result of an election is not suspended by an appeal in terms of subsection (9) or a referral to the Electoral Court in terms of subsection C7XbJ.
Insertion of Scbedule 3 in Act 27 of2000 11.
(hereinafter referred to as "the Commission") hereby compiled this election timetable to apply to the (particulars of relevant election) that will be held on (date/s). (A reference to "section" in this election timetable is a reference to that section of the Act and a referenceto "regulation" is a reference to that regulation in the Municipal Electoral Regulations, 2000.
An act required in terms of the Act and the Municipal Electoral Regulations, 2000, to be performed by no later than a date stated in the election timetable must be performed before 17:00 on that date.
The Commission must give notice by (date) that from the date of the notice until the voting day copies of a list of all voting stations and their addresses will be available for inspection at the office of the Commission's local representative.
The Commission must give notice by (date) of the route, including the locations and estimated times of stopping of each mobile voting station.
By (date), the Chief Electoral Officer must certify the voters' roll or the municipality's segments of the voters' roll to be used in this election in terms of section 6(2), and make those segments available for inspection.
S. (1) Registered parties that intend to contest this election in terms of section 14 must nominate and submit a notice of intention to contest, a party list of their candidates and the prescribed deposit with the supporting documents for the election to the office of the Commission's local representative in the prescribed form and manner by (date).
intend to contest a ward in this election in terms of section 17, must submit their nominations and the prescribed deposits with the supporting documentation for the said ward election to the office of the Commission's local representative in the prescribed form and manner by . (date).
Payment of the prescribed deposits in terms of section 14A must be made by (date).
(a) The Commission must notify a registered party that has submitted a party list of candidates in terms of section 14 but has not fully complied with section 14(3), of that non-compliance by (date).
If the notified party takes the opportunity to comply with section 14(3), that party must do so by (date).
(a) The Commission must notify the nominating party or person of a candidate who has not fully complied with section 17(2)(b) and (c), of that . non-compliance by (date).
If the nominating party or person takes the opportunity to comply with section 17(2)(b) or (c), that party or person must do so by (date).
List of parties entitled to contest election and list of candidates.
keep those lists available at the office of the Commission's local representative.
By (date), the Commission must(a) compile and certify for each ward contested in this election, a list of candidates contesting that ward; and (b) keep copies of those lists available at the office of the Commission's local representative.
By (date), the Commission must issue(a) the prescribed candidate certificate to each candidate on the certified party lists in this election; and (b) the prescribed candidate certificate to each candidate on the certified list of ward candidates in this election..
Short title and commencement 15 12. This Act is called the Local Government: Municipal Electoral Amendment Act, 2010, and comes into operation on a date determined by the President by proclamation in the Gazette.