ELECTORAL ACT
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(d) distribute leaflets or pamphlets for or on behalf of any candidate or political party; or
(e) organise or engage in public singing or dancing; or
(f) use bands or music or loudspeaker vans or apparatus.
[Subsection as amended by s. 74 of Act No. 17 of 2007]
(2) Any person who contravenes subsection (1) shall be guilty of an illegal practice and
liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or
to both such fine and such imprisonment
148
Procuring prohibited persons to vote; false statements re withdrawal of
candidates
(1) Any person who votes or induces or procures any person to vote at an election, knowing
that he or she or that person is prohibited by law from voting at that election, shall be guilty of
an illegal practice and liable to a fine not exceeding level ten or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
(2) Any person who, before or during an election, publishes a false statement of the illness,
death or withdrawal of a candidate at that election for the purpose of promoting or procuring the
election of another candidate, knowing that statement to be false or not knowing or believing it
to be true, shall be guilty of an illegal practice and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
(3) A candidate shall not be liable nor shall his or her election be rendered void for any
illegal practice under this section committed by the candidate’s agent other than his or her chief
election agent.
149
Obstruction of voters
Any person who, at an election, wilfully obstructs a voter, either at the polling station or on
his or her way thereto or therefrom, shall be guilty of an illegal practice and liable to a fine not
exceeding level six or to imprisonment for a period not exceeding one year or to both such fine
and such imprisonment.
150
Additional penalties for illegal practices
Where a person has been convicted by the High Court of an illegal practice and no other
incapacity is specially provided for in this Act in respect of such conviction, that person shall be
liable, in addition to any other penalty, to be declared by the High Court to be incapable, for a
period not exceeding five years from the date of his or her conviction, of—
(a) being registered as a voter or of voting at an election; or
(b) 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 High Court may declare that that office shall be vacated by him or her as from the
date of his or her conviction.
151
Preventing holding of lawful political meeting, etc.
Any person who prevents the holding of any lawful political meeting, march, procession or
demonstration or other lawful political event that was to have been held for the purpose of an
election shall be guilty of an offence and liable to a fine not exceeding level twelve or to
imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
152
Destruction of political posters, etc.
(1) Subject to subsection (2), from the date on which an election is called until its result is
declared, no person shall deface or remove any billboard, placard or poster published, posted or
displayed by a political party or candidate contesting the election.
(2) Subsection (1) does not apply to the removal or defacement of a billboard, placard or
poster by or at the direction of—
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