ELECTORAL ACT (as amended at 24th January 2008) 153 Defacing property for political purposes (1) Any person who, with the object of supporting or opposing any political party, political cause or candidate, whether or not in reference to any election, places any bill, placard, poster, pamphlet, circular or other document, writing or painting on, or otherwise defaces, any house, building, wall, fence, lamp-post, gate or elevator without the consent of the owner or occupier thereof, shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (2) Subject to Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07], a court which has convicted a person of any offence in terms of subsection (1) shall forthwith award compensation, including the costs of restoring the property to its former condition, to any person whose right or interest in property of any description has been lost or diminished as a direct result of the offence. 154 Aggravating circumstances in relation to offences under sections 151, 152, and 153 It shall be an aggravating circumstance in relation to the commission of an offence under section one hundred and fifty-one, one hundred and fifty-two or one hundred and fifty-three if the person convicted of such offence committed it while falsely claiming or representing himself or herself to be acting on behalf of any institution of the State or a political party, with the intention of discrediting such institution or political party. PART XXI FURTHER PROVISIONS RELATING TO CORRUPT PRACTICES, ILLEGAL PRACTICES AND OTHER OFFENCES 155 When election void owing to corrupt or illegal practices Subject to sections one hundred and forty-eight, one hundred and fifty-six and one hundred and fifty-seven— (a) if upon the trial of an election petition the Electoral Court declares that any electoral malpractice has been committed with reference to the election the subject of the petition, by or with the knowledge and consent or approval of the candidate returned at that election, or by or with the knowledge and consent or approval of any of his or her agents, and the effect of such practice was, in the opinion of the Electoral Court, such as to have materially affected the outcome of that election, the election of that candidate shall be void, and a fresh election shall thereupon be held; (b) if a candidate or his or her chief election agent is found at the said trial to have committed any electoral malpractice, that candidate or agent may be declared by the Electoral Court to be incapable, for a period not exceeding five years from the date of the finding, of— (i) being registered as a voter or of voting at an election; or (ii) filling a public office, other than a public office the tenure of which is regulated exclusively by or in terms of the Constitution, and, if he or she holds any such office, the Electoral Court may declare that that office shall be vacated by him or her as from the date of the finding. - 91 -