ELECTORAL ACT ____________________________________________________________________________________ (2) Anything done for the purposes of the election by or to an election agent shall be deemed to be done by or to the chief election agent, and any act or default of an election agent which, if he or she were the chief election agent, would be an electoral malpractice shall be an electoral malpractice in terms of Part XVIIIA, XIX or XX, as the case may be, committed by the election agent, and— (a) the election agent shall be liable to punishment accordingly; and (b) the candidate shall, save as provided in section 148(3), incur the same consequences as if the act or default had been the act or default of the chief election agent. [Subsection as substituted by s. 58 of Act No. 17 of 2007 and amended by s. 37 of Act No. 6 of 2014] (3) The appointment of an election agent shall not terminate by virtue of the chief election agent who appointed him or her ceasing to be a chief election agent. (4) If a chief election agent revokes the appointment of an election agent or an election agent dies, the chief election agent may appoint another election agent and if he or she does so shall forthwith— (a) notify in writing the full names and address of the election agent to the constituency elections officer; and (b) … [Paragraph repealed by s. 58 of Act No. 17 of 2007] (5) Where more than one election is to be held concurrently in any constituency, the Commission may by notice in the Gazette published no later than four days after nomination day, prescribe that, in relation to candidates nominated by political parties, only three election agents representing each political party may be present within or in the immediate vicinity of each polling station, of whom— (a) one shall be entitled to be present in the polling station concerned; and (b) the other two (either of whom may relieve the election agent entitled to be present in the polling station)shall be entitled to be present in the immediate vicinity of the polling station concerned; and for that purpose any references to the chief election agent of the candidate making the appointments and notifications of elections agents referred to in subsection (1) shall be substituted by references to the political party of the candidates competing in the concurrent elections concerned. [Subsection inserted by s. 27 of Act No. 3 of 2012 and substituted by s. 37 of Act No. 6 of 2014] (6) Where the Commission prescribes the notice referred to in subsection (5), the provisions for the appointment of roving political party election agents in terms of section 93A shall apply (with such changes as are necessary) to the appointment of the election agents for the purposes of subsection (5). [Subsection inserted by s. 37 of Act No. 6 of 2014] (7) Subsection (5) does not apply to the election agents of a candidate for election as President, that is to say, subsection (1a) continues to apply to such election agents even where the Commission prescribes the notice referred to in subsection (5).”. [Subsection inserted by s. 37 of Act No. 6 of 2014] 96 Appointments made and expenses incurred by candidates or agents (1) The chief election agent of a candidate, by himself or herself or through an election agent, shall appoint every person employed for hire or reward on behalf of the candidate at an election. (2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate unless made by the candidate himself or herself or by his or her chief election agent, either by himself or herself or through an election agent: 99

Select target paragraph3

Add to table of contents