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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Electoral Act, No. 73 of 1998

Long title

To regulate elections of the National Assembly, the provincial legislatures and municipal councils; and to provide for related matters.

Table of contents
SECTION TITLE

TABLE OF CONTENTS

CHAPTER 1. INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT
1.  Definitions
2.  Interpretation of this Act
3.  Application of Act [...Title amended by Act 2003_034_001_20031106 - was entitled “Application of this Act”]
4.  Administration of this Act

CHAPTER 2. REGISTRATION OF VOTERS, AND VOTERS’ ROLL
5.  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.  ... [...repealed by Act 2003_034_006_20031106_- was entitled “Proclamation of municipal elections”]
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 voter not registered [...inserted by Act 2003_034_007_20031106] [... substituted by Act2021_004_009_20210601 - was entitled "Voting in voting district where not registered"]
24B. Prisoners [...inserted by Act 2003_034_000_20031106]
25.  Voters’ roll for first election of National Assembly and provincial legislatures

Part 3. Parties contesting election, and lists of candidates
26.  Requirements for parties to contest election
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 3A. Independent candidates [... Title inserted by Act 2023_001_006_20230417]
31A.Nomination of independent candidate [... inserted by Act 2023_001_006_20230417]
31B.Requirements for independent candidates to contest elections [... inserted by Act 2023_001_006_20230417]
31C.Non-compliance [... inserted by Act 2023_001_006_20230417]
31D.Inspection of copies of lists of independent candidates and accompanying documents [... inserted by Act 2023_001_006_20230417]
31E.Objections to independent candidates [... inserted by Act 2023_001_006_20230417]
31F.List of independent candidates entitled to contest election [... inserted by Act 2023_001_006_20230417]

Part 4. Municipal councils
32. ... [...repealed by Act 2003_034_008_20031106 - was entitled “Further regulating of elections of municipal councils”]

Part 5. Special votes and declaration votes
33. Special votes [ in election for National Assembly ]  [...amended by Act 2013_018_006_ - was entitled "Special votes"]
33A. Special votes in election for provincial legislatures [...inserted by Act 2013_018_007_]
34. ... [...repealed by Act 2013_018_008_20131126 - was entitled "Declaration votes"] 

CHAPTER 4. ELECTIONS

Part 1. Voting
35. Officers at voting stations
36. Hours of voting
37. Initial procedures
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

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

Part 4. Objections material to final results of election
55. Objections material to final results of election
56. Powers of Commission and Electoral Court

Part 5. Determination and declaration of final result of election
57. Determination and declaration of final result of election

Part 6. Electoral System
57A. System of representation in National Assembly and provincial legislature [...inserted by Act 2003_034_015_20031106]

CHAPTER 5. AGENTS
58. Appointment of agents [... Title amended by Act 2023_001_009_20230417 - was entitled "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
62. Consultation with political liaison committee [... Title amended by Act 2023_001_011_20230417 - was entitled "Consultation with party liaison committee"]
63. Inspection and copies of maps of voting districts
63A. Review of voting districts [...inserted by Act 2003_034_017_20031106]

Part 2. Voting stations
64. Establishment of voting stations
65. Relocation of voting stations in emergencies
66. Boundaries of voting stations [...Title amended by Act 2003_034_019_20031106 - was entitled “Organisation of voting stations”]
67. Mobile voting stations

Part 3. Voting materials
68. Ballot papers
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
73. Powers and duties of presiding officers
74. Appointment of voting officers
75. Powers and duties of voting officers
76. Appointment of counting officers
77. Powers and duties of counting officers
78. Appointment of counters
79. Powers and duties of counters
80. Appointment of additional persons
81. Powers and duties of additional persons
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
89. Intentional false statements
90. Infringement of secrecy
91. Prohibitions concerning voting and election materials
92. Prohibitions concerning placards and billboards during election
93. Obstruction of, or non-compliance with, directions of Commission, chief electoral officer and other officers
94. Contravention of 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
98. Penalties

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 [...inserted by Act 2003_034_022_20031106]
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
109. Prohibition on publication of exit polls
110. Effect of certain irregularities
111. Inspection and copying of documents
112. Prohibition on certain strikes and lockouts
113. Limitation of liability
114. Composition of National Assembly and provincial legislatures
115. Repeal of laws
116. Act binds State
117. Application of Act when in conflict with other laws
118. Short title and commencement
Sch. 1. SCHEDULE 1. ELECTION TIMETABLE (SECTION 20) [s20]  
1 Cut-off time for act to be performed [s20]
2 Cut-off date for publication of voters’ roll
3 Notice that list of addresses of voting stations is available for inspection
4 Cut-off date for submission of list of candidates and nominations of independent candidates [... Title amended by Act 2023_001_020_20230417 - was entitled "Cit-off date for submission of list of candidates"]
5 Notice of non-compliance
6 Inspection of lists of candidates and draft list of independent candidates and accompanying documents [... Title amended by Act 2023_001_020_20230417 - was entitled "Inspection of lists of candidates and accompanying documents"]
7 Cut-off date for objections
8 Decision of objections
9 Cut-off date for appeals against decisions
10 Deciding appeals
11 List of parties and candidates entitled to contest election and final list of candidates
12 Issue of certificate to candidates
13 Determination of boundaries of voting stations
14 Prescribing of voting hours
15 Notice of route of mobile voting stations
Sch. 1A. SCHEDULE 1A. SYSTEM OF REPRESENTATION IN NATIONAL ASSEMBLY AND PROVINCIAL LEGISLATURES (SECTION 57A) [s57A]  NOTE: Act 1998_073_057A Sch1A wholly substituted by Act 2023_001_021_20230417 by way of unmarked omission and marked insertion] 
National Assembly (Item1-3) 
Regional seats (Item4-5) 
Compensatory seats (Item6) 
Insufficient names on party lists and independent candidates provisionally allocated more than one seat (Item7) 
Provincial legislatures (Item8-12) 
Ballot papers (Item13) 
Designation of representatives of parties (Item14)
Supplementation of lists of candidates of parties (Item15-18) 
Review of lists of candidates by party (Item19) 
Publication of supplemented and reviewed lists of candidates (Item20) 
Designation of seats of independent candidates (Item21) 
Vacancies (Item22-24) 
Definitions (Item25) 
Sch. 2. SCHEDULE 2. ELECTORAL CODE OF CONDUCT (SECTION 99) [s99]
1 Purpose of Code
2 Promotion of Code
3 Compliance with Code and electoral laws
4 Public commitment
5 Duty to co-operate
6 Role of women
7 Role of Commission
8 Role of media
9 Prohibited conduct
10 Additions to Code
Sch. 3. SCHEDULE 3. COMPOSITION OF NATIONAL ASSEMBLY AND PROVINCIAL LEGISLATURES (SECTION 114) [s114]
1 Formula for determining number of members of National Assembly
2 Formula for determining number of members of provincial legislatures
3 Commission responsible for determination of seats
4 Determination to be published in Government Gazette
Sch. 4. SCHEDULE 4. REPEAL OF LAWS SECTION 115) [s115]

Legislation Text Access Point
Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]		 Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 1998_073_000_19981014 EXT.LINK REQ.INFO LINK
As amended by Act 2000_027_000_20000711 .  N/A REQ.INFO LINK
As amended by Act 2003_034_000_20031106 .  N/A REQ.INFO LINK
As amended by Act 2003_040_000_20031210 .  N/A REQ.INFO LINK
As amended by Act 2008_055_000_20090109 .  N/A REQ.INFO LINK
As amended by Act 2013_018_000_20131126 .  N/A REQ.INFO LINK
As amended by Act 2019_001_000_20190121 . N/AREQ.INFOLINK
As ordered by the Constitutional Court (CCT 110/19 decided on 2020/06/11) . N/AREQ.INFOLINK (on request)
As amended by Act 2021_004_000_20210601 . N/AREQ.INFOLINK
As if amended by Bill 2022_001_000_20220110 . N/AREQ.INFOLINK
As amended by Act 2023_001_000_20230417 . N/AREQ.INFOLINK
As amended by ...N/AREQ.INFOLINK

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