Schedule 1 (Section 20)
Election timetable
The Electoral Commission hereby gives notice that it has in terms of section 20 of the Electoral Act, 1998, compiled the election timetable set out below 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 Electoral Act, 1998.)1.Cut-off time for act to be performedAn act required in terms of this Act to be performed by not later than a date stated in the election timetable must be performed before 17:00 on that date.2.Cut-off date for publication of voters’ rollBy ________ [day/month/year], the chief electoral officer must publish the voters’ roll or the segments of the voters’ roll to be used in this election in terms of section 24(2).3.Notice that list of addresses of voting stations is available for inspectionThe chief electoral officer must give notice by ________ [day/month/year] that from the date of the notice until the voting day copies of a list containing the addresses of all voting stations will be available for inspection.4.Cut-off date for submission of list of candidatesRegistered parties that intend to contest this election must nominate and submit a list of their candidates for the election to the chief electoral officer in the prescribed manner by ________ [day/month/year].5.Notice of non-compliance(1)The chief electoral officer must notify a registered party that has submitted a list of candidates in terms of section 27 but has not fully complied with that section, of that non-compliance by ____ [day/month/year].(2)If the notified party takes the opportunity to comply with section 27, that party must do so by ____ [day/month/year].6.Inspection of lists of candidates and accompanying documentsThe chief electoral officer must give notice by ____ [day/month/year], that from the date of the notice until ____ [day/month/year], copies of the following documents will be available for inspection: The lists of candidates and accompanying documents submitted by registered parties in terms of section 27, as amended and supplemented in terms of section 28.7.Cut-off date for objectionsAny person, including the chief electoral officer, may object to a candidate to the Commission in the prescribed manner by ____ [day/month/year].8.Decision of objectionsThe Commission must decide an objection under section 30, and must notify the objector and the registered party that nominated the candidate of the decision in the prescribed manner by ____ [day/month/year].9.Cut-off date for appeals against decisionsThe objector or the registered party who nominated the candidate may appeal against a decision of the Commission in terms of section 30(3) to the Electoral Court in the prescribed manner by ____ [day/month/year];10.Deciding appealsThe Electoral Court must consider and decide an appeal brought undersection 30(4) and notify the parties to the appeal, and the chief electoral officer, of the decision in the prescribed manner by ____ [day/month/year].11.List of parties and candidates entitled to contest election and final list of candidatesBy ____ [day/month/year], the chief electoral officer—(a)must give effect to a decision of the Commission in terms of section 30(3) or a decision of the Electoral Court in terms of section 30(5); and(b)must compile a list of the registered parties entitled to contest the election and the final list of candidates for each of those parties.12.Issue of certificate to candidatesBy ____ [day/month/year], the chief electoral officer must issue in the prescribed manner to each candidate on a final list of candidates a certificate stating that the person is a candidate in this election.15.Notice of route of mobile voting stationsIf the Commission decides to use mobile voting stations in the election, the chief electoral officer must give notice by ____ [day/month/year] of the route, including, the locations and estimated times of stopping of each mobile voting station.Schedule 1A (Section 57A)
System of representation in National Assembly and provincial legislatures
National Assembly
1.Registered parties contesting an election of the National Assembly must nominate candidates for such election on lists of candidates prepared in accordance with this Act.2.The seats in the National Assembly must be filled as follows:(a)One half of the seats from regional lists, submitted by the respective parties, with a fixed number of seats reserved for each region, as determined by the Commission, for every election of the Assembly, taking into account available scientifically based data in respect of voters and representations by interested parties.(b)The other half of the seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted.3.The lists of candidates submitted by a party must together not contain more names than the number of seats in the National Assembly, and each such list must denote the fixed order of preference, of the names as the party may determine.4.A party’s lists of candidates must consist of—(a)both a national list and a list for each region; or(b)a list for each region,with such number of names on each list as the party may determine, subject to item 3.5.The seats referred to in item 2(a) must be allocated per region to the parties contesting an election, as follows:(a)A quota of votes per seat must be determined in respect of each region by dividing the total number of votes cast in a region by the number of seats, plus one, reserved for such region under item 2(a).(b)The result plus one, disregarding fractions, is the quota of votes per seat in respect of a particular region.(c)The number of seats to be awarded for the purposes of paragraph (e) in respect of such region to a party, must, subject to paragraph (d), be determined by dividing the total number of votes cast in favour of such party in a region by the quota of votes per seat indicated by paragraph (b) for that region.(d)Where the result of the calculation referred to in paragraph (c) yields a surplus of seats not absorbed by the number awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties in respect of the relevant region, and any seat or seats in respect of that region not awarded in terms of paragraph (c), must be awarded to the party or parties concerned in sequence of the highest surplus.(e)The aggregate of a party’s awards in terms of paragraphs (c) and (d) in respect of a particular region indicates that party’s provisional allocation of the seats reserved under item 2 (a) for that region.(f)The aggregate of a party’s provisional allocations for the various regions in terms of paragraph (e), indicates its provisional allocation of the seats referred to in item 2(a).(g)If no recalculation of provisional allocations is required in terms of item 7 in respect of the seats referred to in item 2(a), the provisional allocation of such seats in terms of paragraphs (e) and (f) becomes the final allocation of such seats to the various parties, and if such a recalculation is required the provisional allocation of such seats, as adjusted in terms of item 7, becomes the final allocation of such seats to the various parties.6.The seats referred to in item 2(b) must be allocated to the parties contesting an election, as follows:(a)A quota of votes per seat must be determined by dividing the total number of votes cast nationally by the number of seats in the National Assembly, plus one, and the result plus one, disregarding fractions, is the quota of votes per seat.(b)The number of seats to be awarded to a party for the purposes of paragraph (d) must, subject to paragraph (c), be determined by dividing the total number of votes cast nationally in favour of such party by the quota of votes per seat determined in terms of paragraph (a).(c)Where (the result of) the calculation in terms of paragraph (b) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties, and any seat or seats not awarded in terms of paragraph (b), must be awarded to the party or parties concerned in sequence of the highest surplus, up to a maximum of five seats so awarded: Provided that subsequent awards of seats still remaining unawarded must be made in sequence to those parties having the highest average number of votes per seat already awarded in terms of paragraph (b) and this paragraph.(d)The aggregate of a party’s awards in terms of paragraphs (b) and (c) must be reduced by the number of seats provisionally allocated to it in terms of item 5(f) and the result indicates that party’s provisional allocation of the seats referred to in item 2(b).(e)If no recalculation of provisional allocations is required in terms of item 7 in respect of the seats referred to in item 2(b), the provisional allocation of such seats in terms of paragraph (d) becomes the final allocation of such seats to the various parties, and if such a recalculation is required, the provisional allocation of such seats, as adjusted in terms of item 7, becomes the final allocation of such seats to the various parties.7.(1)If a party has submitted a national or a regional list containing fewer names than the number of its provisional allocation of seats which would have been filled from such list in terms of item 8 or 9 had such provisional allocation been the final allocation, it forfeits a number of seats equal to the deficit.(2)In the event of any forfeiture of seats in terms of subitem (1) affecting the provisional allocation of seats in respect of any particular region in terms of item 5(e), such allocation must be recalculated as follows:(a)The party forfeiting seats must be disregarded in such recalculation, and its provisional allocation of seats in terms of item 5(e) for the region in question, minus the number of seats forfeited by it in respect of its list for such region, becomes its final allocation in respect of the seats reserved for such region in terms of item 2(a).(b)An amended quota of votes per seat must be determined in respect of such region by dividing the total number of votes cast in the region, minus the number of votes cast in such region in favour of the party referred to in paragraph (a), by the number of seats, plus one, reserved for such region under item 2(a), minus the number of seats finally allocated to the said party in terms of paragraph (a).(c)The result plus one, disregarding fractions, is the amended quota of votes per seat in respect of such region for purposes of the said recalculation.(d)The number of seats to be awarded for the purposes of paragraph (f) in respect of such region to a party participating in the recalculation, must, subject to paragraph (e), be determined by dividing the total number of votes cast in favour of such party in such region by the amended quota of votes per seat indicated by paragraph (c) for such region.(e)Where the result of the recalculation in terms of paragraph (d) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation in respect of the said region, and any seat or seats in respect of such region not awarded in terms of paragraph (d), must be awarded to the party or parties concerned in sequence of the highest surplus.(f)The aggregate of a party’s awards in terms of paragraphs (d) and (e) in respect of such region, subject to subitem (4), indicates that party’s final allocation of the seats reserved under item 2(a) for that region.(3)In the event of any forfeiture of seats in terms of subitem (1) affecting the provisional allocation of seats in terms of item 6(d), such allocation must be recalculated as follows:(a)The party forfeiting seats must be disregarded in such recalculation, and its provisional allocation of seats in terms of item 6(d), minus the number of such seats forfeited by it, becomes its final allocation of the seats referred to in item 2(b).(b)An amended quota of votes per seat must be determined by dividing the total number of votes cast nationally, minus the number of votes cast nationally in favour of the party referred to in paragraph (a), by the number of seats in the Assembly, plus one, minus the number of seats finally allocated to the said party in terms of paragraph (a).(c)The result plus one, disregarding fractions, is the amended quota of votes per seat for the purposes of the said recalculation.(d)The number of seats to be awarded for the purposes of paragraph (f) to a party participating in the recalculation must, subject to paragraph (e), be determined by dividing the total number of votes cast nationally in favour of such party by the amended quota of votes per seat indicated by paragraph (c).(e)Where the result of the recalculation in terms of paragraph (d) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats not awarded in terms of paragraph (d), must be awarded to the party or parties concerned in sequence of the highest surplus, up to a maximum of five seats so awarded: Provided that subsequent awards of seats still remaining unawarded must be made in sequence to those parties having the highest average number of votes per seat already awarded in terms of paragraph (d) and this paragraph.(f)The aggregate of such a party’s awards in terms of paragraphs (d) and (e) must be reduced by the number of seats finally allocated to it in terms of item 5(g), and the result, subject to subitem (4), indicates that party’s final allocation of the seats referred to in item 2(b).(4)In the event of a party being allocated an additional number of seats in terms of this item, and if its list in question then does not contain the names of a sufficient number of candidates as set out in subitem (1), the procedure provided for in this item must be repeated with the changes required by the context until all seats have been allocated.8.(1)Where a party submitted both a national and regional lists, the seats finally allocated to it—(a)in terms of item 5(g) must be filled from its regional lists in accordance with its final allocation of seats in respect of the various regions; and(b)in terms of item 6(e), must be filled from its national list in accordance with its final allocation of seats in terms of that item.(2)A seat finally allocated to a party in respect of a region, must, for the purposes of subitem (1)(a), be filled only from such party’s list for that particular region.9.(1)Where a party submitted regional lists only, the seats finally allocated to it—(a)in terms of item 5(g), must be filled from such lists in accordance with its final allocation of seats in respect of the various regions; and(b)in terms of item 6(e), must be filled from the said lists in the same proportions as the proportions in which the seats referred to in paragraph (a) are to be filled in respect of the various regions for which the party was finally allocated seats in terms of item 5(g): Provided that if a party was not allocated any seats in terms of item 5(g), the seats allocated to it in terms of item 6(e) must be filled from its regional lists in proportion to the number of votes received by that party in each of the regions: Provided further that surplus fractions must be disregarded, save that any remaining seats must be awarded to regions in sequence of the highest surplus fractions.(2)A seat finally allocated to a party in respect of a region, must, for the purposes of subitem l(a), be filled only from such party’s list for that particular region.9A.(1)If a party gained no allocation of seats in terms of items 6(b) and (c), but the party gained a provisional seat in respect of the seats referred to in item 2(a), or if a party gained less seats in terms of items 6(b) and (c) than the number of provisional seats in respect of item 2(a), then the provisional allocation of seats in terms of item 2(a) becomes the final allocation of seats for such party, and if a recalculation is required in terms of item 7, the adjusted allocation becomes the final allocation.(2)If a seat is allocated to a party in terms of sub-item (1), then the determination of seats in terms of item 2(b) must be recalculated as follows:(a)An amended quota of votes per seat must be determined by dividing the total number of votes cast nationally on national ballot papers, minus the votes cast for a party referred to in sub-item (1), by the total number of seats in the National Assembly plus one, minus the seats awarded in terms of sub-item (1), and the result plus one, disregarding fractions, is the quota of votes per seat.(b)The number of seats to be awarded to a party for the purposes of paragraph (d) must, subject to paragraph (c), be determined by dividing the total number of votes cast nationally in favour of each party, excluding those awarded seats in terms of sub-item (1), by the quota of votes per seat determined in terms of paragraph (a).(c)Where the result of the recalculation in terms of paragraph (b) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats not awarded in terms of paragraph (b) must be awarded to the party or parties concerned in sequence of the highest surplus.(d)The aggregate of a participating party’s awards in terms of paragraphs (b) and (c) must be reduced by the number of seats provisionally allocated to it in terms of item 5(f) and the results indicate that party’s provisional allocation of the seats in terms of item 2(b).(3)If no recalculation of provisional allocations is required in terms of item 7 in respect of the seats referred to in item 2(b), the provisional allocation of such seats in terms of paragraph (d) becomes the final allocation of such seats to the various parties, and if such a recalculation is required, the provisional allocation of such seats, as adjusted in terms of item 7, becomes the final allocation of such seats to the various parties.(4)If a party forfeits a seat in terms of item 7(1) which was allocated to it in terms of sub-item (1), then the seats provisionally allocated to other parties in terms of item 2(b) must be recalculated in terms of item 7(2) and (3), taking such forfeiture into account.Provincial legislatures
10.The number of seats in each provincial legislature are as determined in terms of section 105 of the Constitution.11.Registered parties contesting an election of a provincial legislature, must nominate candidates for election to such provincial legislature on provincial lists prepared in accordance with this Act.12.Each party is entitled to submit only one list per province, which must contain the names of not more than the number of seats determined under item 10 for the relevant provincial legislature and in such fixed order of preference as the party may determine.13.The seats determined for a provincial legislature must be allocated to parties contesting an election, as follows—(a)A quota of votes per seat must be determined by dividing the total number of votes cast in the province concerned by the number of seats, plus one, determined under item 10 for such province and the result plus one, disregarding fractions, is the quota of votes per seat for such province.(b)The number of seats to be awarded to a party for the purposes of paragraph (d) must, subject to paragraph (c), be determined by dividing the total number of votes cast in the province in favour of such party by the quota of votes per seat determined in terms of paragraph (a).(c)Where the result of the calculation in terms of paragraph (b) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties in respect of the province concerned, and any seat or seats not awarded in terms of paragraph (b), must be awarded to the party or parties concerned in sequence of the highest surplus.(d)The aggregate of a party’s awards in terms of paragraphs (b) and (c), indicates that party’s provisional allocation of seats in the provincial legislature in question.(e)If no recalculation of provisional allocations for a province concerned is required in terms of item 14, the provisional allocation of seats in respect of that province in terms of paragraph (d), becomes the final allocation of such seats to the various parties, and if such a recalculation is required the provisional allocation of such seats as adjusted in terms of item 14 becomes the final allocation of such seats to the various parties.14.(1)If a party has submitted a provincial list containing fewer names than the number of seats provisionally allocated to it in terms of item 13 (d), it must forfeit a number of seats equal to the deficit.(2)In the event of any forfeiture of seats in terms of subitem (1), the allocation of seats in respect of the province concerned must be recalculated as follows:(a)The party forfeiting seats must be disregarded in such recalculation, and its provisional allocation of seats in terms of item 13(d), minus the number of seats forfeited by it in respect of its list for such province, becomes its final allocation of seats in the provincial legislature concerned.(b)An amended quota of votes per seat must be determined in respect of such province by dividing the total number of votes cast in the province, minus the number of votes cast in the province in favour of the party referred to in paragraph (a), by the number of seats, plus one, determined in terms of item 10 in respect of the province concerned, minus the number of seats finally allocated to the said party in terms of paragraph (a).(c)The result plus one, disregarding fractions, is the amended quota of votes per seat in respect of such province for purposes of the said recalculation.(d)The number of seats to be awarded for the purposes of paragraph (f) in respect of such province to a party participating in the recalculation, must, subject to paragraph (e), be determined by dividing the total number of votes cast in favour of such party in such province by the amended quota of votes per seat indicated by paragraph (c) for such province.(e)Where the result of the recalculation in terms of paragraph (d) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats in respect of such province not awarded in terms of paragraph (d), must be awarded to the party or parties concerned in sequence of the highest surplus.(f)The aggregate of such a party’s awards in terms of paragraphs (d) and (e) in respect of such province, subject to subitem (3), indicates that party’s final allocation of the seats determined under item 10 in respect of that province.(3)In the event of a party being allocated an additional number of seats in terms of this item and if its list in question then does not contain the names of a sufficient number of candidates as set out in subitem (1), the process provided for in this item must be repeated with the changes required by the context until all seats have been allocated.Ballot papers
15.There must be separate ballot papers for the election of members of the National Assembly and of members of the provincial legislatures.Designation of representatives
16.(1)After the counting of votes has been concluded, the number of representatives of each party has been determined and the election result has been declared in terms of section 190 of the Constitution, the Commission must, within two days after such declaration, designate from each list of candidates, the representatives of each party in the legislature.(2)Following the designation in terms of subitem (1), if a candidate’s name appears on more than one list for the National Assembly or on lists for both the National Assembly and a provincial legislature (if an election of the Assembly and a provincial legislature is held at the same time), and such candidate is due for designation as a representative in more than one case, the party which submitted such lists must, within two days after the said declaration, indicate to the Commission from which list such candidate will be designated or in which legislature the candidate will serve, as the case may be, in which event the candidate’s name must be deleted from the other lists.(3)If a party fails to indicate to the Commission from which list a candidate will be designated or in which legislature a candidate will serve, such candidate’s name must be deleted from all the lists.(4)The Commission must forthwith publish the list of names of representatives in the legislature or legislatures.Supplementation of lists of candidates
17.No lists of candidates of a party for any legislature may be supplemented prior to the designation of representatives in terms of item 16.18.Lists of candidates may, after the designation of representatives in terms of item 16 has been concluded, be supplemented by the addition of an equal number of names at the end of the applicable list, if—(a)a representative is elected as the President or to any other executive office as a result of which he or she resigns as a representative of a legislature;(b)a representative is appointed as a permanent delegate to the National Council of Provinces;(c)a name is deleted from a list in terms of item 16(2); or(d)a vacancy has occurred and the appropriate list of candidates of the party concerned is depleted.19.Lists of candidates of a party referred to in item 16(1) may be supplemented on one occasion only at any time during the first 12 months following the date on which the designation of representatives in terms of item 16 has been concluded, in order to fill casual vacancies: Provided that any such supplementation must be made at the end of the list.20.The number of names on lists of candidates as supplemented in terms of item 18 may not exceed the difference between the number of seats in the National Assembly or a provincial legislature, as the case may be, and the number of representatives of a party in any such legislature.Review of lists of candidates by party
21.A party may review its undepleted lists as supplemented in terms of items 18, 19 and 20, within seven days after the expiry of the period referred to in item 19, and annually thereafter, until the date on which a party has to submit lists of candidates for an ensuing election, in the following manner:(a)all vacancies may be supplemented;(b)no more than 25 per cent of candidates may be replaced; and(c)the fixed order of lists may be changed.Publication of supplemented and reviewed lists of candidates
22.Candidates’ lists supplemented in terms of items 18 and 19 or reviewed in terms of item 21 must be published by the Secretary to Parliament and the Secretaries of the provincial legislatures within 10 days after the receipt of such lists from the parties concerned.Vacancies
23.(1)In the event of a vacancy in a legislature to which this Schedule applies, the party which the vacating member represented must fill the vacancy by nominating a person—(a)whose name appears on the list of candidates—(i)from which that party’s members were originally nominated; or(ii)where applicable, submitted by a party in terms of item 5(2) of Schedule 6A to the Constitution; and(b)who is the next qualified and available person on the list.(2)A nomination to fill a vacancy must be submitted to the Speaker in writing.(3)If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of section 47(3)(c) or 106(3)(c) of the Constitution, the seats in question must be allocated to the remaining parties with the changes required by the context as if such seats were forfeited seats in terms of item 7 or 14, as the case may be.Definitions
24.In this Schedule—‘Constitution’ means the Constitution of the Republic of South Africa, 1996, (Act No. 108 of 1996);‘national list’ means a list of candidates prepared by a party for an election of the National Assembly to reflect that party’s order of preference of candidates in respect of the allocation of seats on a national basis;‘provincial list’ means a list of candidates prepared by a party for an election of a provincial legislature;‘region’ means the territorial area of a province;‘regional list’ means a list of candidates in respect of a region prepared by a party for an election of the National Assembly to reflect that party’s order of preference of candidates in respect of the allocation of seats in respect of such region;‘votes’ means—(a)where it occurs in items 5, 6, 7 and 9, votes cast in an election for the National Assembly;(b)where it occurs in items 13 and 14, votes cast in the election for the provincial legislature of a province concerned; and(c)where it occurs in item 16, votes cast in the election for the National Assembly and the provincial legislatures.Schedule 2 (Section 99)
Electoral Code of Conduct
1Purpose of CodeThe purpose of this Code is to promote conditions that are conducive to free and fair elections, including—(a)tolerance of democratic political activity; and(b)free political campaigning and open public debate.2.Promotion of CodeEvery registered party and every candidate bound by this Code must—(a)promote the purpose of the Code when conducting an election;(b)publicise the Code widely in any election campaigns; and(c)promote and support efforts in terms of this Act to educate voters.3.Compliance with Code and electoral lawsEvery registered party and every candidate must—(a)comply with this Code;(b)instruct—(i)in the case of a party, its candidates, persons who hold political office in, the party, and its representatives, members and supporters, to comply with this Code and any applicable electoral laws; or(ii)in the case of a candidate, the representatives and supporters of the candidate to comply with this Code and any applicable electoral laws;(c)take all reasonable steps to ensure—(i)to the case of a party, that its candidates, persons who hold political, office in the party, and its representatives, members and supporters; comply with this Code and any applicable electoral laws; or(ii)in the case of a candidate, that the representatives and supporters of the candidate comply with this Code and any applicable electoral laws;4.Public commitment(1)Every registered party and every Candidate must—(a)publicly state that everyone has the right—(i)to freely express their political beliefs and opinions;(ii)to challenge and debate the political beliefs and opinions of others;(iii)to publish and distribute election and campaign materials, including notices and advertisements;(iv)to lawfully erect banners, billboards, placards and posters;(v)to canvass support for a party or candidate;(vi)to recruit members for a party;(vii)to hold public meetings; and(viii)to travel to and attend public meetings; and(b)publicly condemn any action that may undermine the free and fair conduct of elections.(2)Every registered party and every candidate must accept the result of an election or challenge the. result in a court.5.Duty to co-operateEvery registered party and every candidate must liaise with other parties contesting an election and endeavour to ensure that they do not call a public meeting, march, demonstration, rally or any other public political event at the same time and place as that called by another party contesting the election.6.Role of womenEvery registered party and every candidate must—(a)respect the right of women to communicate freely with parties and candidates;(b)facilitate the full and equal participation of women in political activities;(c)ensure the free access of women to all public political meetings, marches, demonstrations, rallies and other public political events; and(d)take all reasonable steps to ensure that women are free to engage in any political activities.7.Role of CommissionEvery registered party and every candidate must—(a)recognise the authority of the Commission in the conduct of an election;(b)assure voters of the Commission’s impartiality;(c)give effect to any lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission, or the chief electoral officer;(d)establish and maintain effective lines of communication with—(ii)other registered parties contesting the election;(e)facilitate the access of members, employees and officers of the Commission, and the chief electoral officer, to public meetings, marches, demonstrations, rallies and other public political events of that party or candidate;(f)co-operate in any investigation of the Commission;(g)take all reasonable steps to ensure—(i)the safety of members, employees and officers of the Commission, and the chief electoral officer, in the exercise of any power or the performance of any duty assigned by or under this Act;(ii)that persons referred to in subparagraph (i) are not subjected to insult, hazard or threat by any representatives or supporters of that party or candidate; and(iii)that representatives of that party or candidate attend meetings of any party liaison committee or other forum convened by the Commission.8.Role of mediaEvery registered party and every candidate—(a)must respect the role of the media before, during and after an election conducted in terms of this Act;(b)may not prevent access by members of the media to public political meetings, marches, demonstrations and rallies; and(c)must take all reasonable steps to ensure that journalists are not subjected to harassment, intimidation, hazard, threat or physical assault by any of their representatives or supporters.9.Prohibited conduct(1)No registered party or candidate may—(a)use language or act in a way that may provoke—(i)violence during an election; or(ii)the intimidation of candidates, members of parties, representatives or supporters of parties or candidates, or voters;(b)publish false or defamatory allegations in connection with an election in respect of—(i)a party, its candidates, representatives or members; or(ii)a candidate or that candidate’s representatives;(c)plagiarise the symbols, colours or acronyms of other registered parties; or(d)discriminate on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election or political activity.(2)No person may—(a)offer any inducement or reward to another person—(i)to join or not to join a party;(ii)to attend or not to attend a public meeting, march, demonstration, rally or other public political event;(iii)to vote or not to vote, or to vote or not to vote in any particular way; or(iv)to refuse a nomination as a candidate or to withdraw as a candidate; or(b)carry or display arms or weapons—(i)at a political meeting; or(ii)in any march, demonstration, rally or other public political event;(c)unreasonably prevent any other person access to voters for the purpose of voter education, collecting signatures, recruiting members, raising funds or canvassing support for a party or candidate;(d)deface or unlawfully remove or destroy the billboards, placards, posters or any other election materials of a party or candidate; or(e)abuse a position of power privilege or influence, including parental, patriarchal, traditional or employment authority to influence the conduct or outcome of an election.10.Additions to CodeThe Commission may by Regulations made in terms of section 100 add provisions to this Code.Schedule 3 (Section 114)
Composition of National Assembly and provincial legislatures
1.Formula for determining number of members of National Assembly(1)By taking into account available scientifically based data and representations by interested parties, the number of seats of the National Assembly must be determined by awarding one seat for every 100 000 of the population with a minimum of 350 and a maximum of 400 seats.(2)If the total number of seats for all provincial legislatures determined in terms of item 2 exceeds 400, the number of seats for the National Assembly may not be less than 400.2.Formula for determining number of members of provincial legislaturesBy taking into account available scientifically based data and representations by interested parties, the number of seats of a provincial legislature must be determined by awarding one seat for every 100 000 of the population whose ordinary place of residence is within that province, with a minimum of 30 and a maximum of 80 scats.3.Commission responsible, for determination of seats(1)The determination of seats contemplated in items 1 and 2 must be completed by the Commission not later than 31 March 1999.(2)The Commission must give notice in the Government Gazette of the time and date on which, and the venue where, the determination is to take place, and must afford interested parties an opportunity to make representations before the determination is made.4.Determination to be published in Government GazetteA determination made in terms of this Schedule must be published in the Government Gazette within 14 days of the determination, and takes effect on ths date it is published.Schedule 4 (Section 115)
Repeal of laws