ELECTORAL ACT
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(b) not interfere, directly or indirectly, with the exercise by a voter of his or her rights
under this Act; and
(c) maintain strict impartiality in the exercise of their functions; and
(d) not do anything, whether in the exercise of their functions or otherwise and whether by
way of action, speech, attitude or manner, that may—
(i) give rise to a reasonable apprehension that they are exercising their functions
with partiality or bias; or
(ii) place in jeopardy their independence or the perception of their independence;
or
(iii) compromise the Commission's credibility, impartiality, independence or
integrity;
and
(e) assist accredited observers to exercise their functions under this Act; and
(f) safeguard all ballot boxes, ballot papers and other electoral documentation and
materials entrusted to the custody of the Commission in terms of this Act; and
(g) not—
(i) divulge, except in the exercise of his or her functions or with the Commission’s
prior approval; or
(ii) make private use of or profit from;
any confidential information gained through being a Commissioner or an employee or
agent of the Commission.
(3) Without derogation from section 236 of the Constitution or subsection (2)(c) and (d) of
this section, no Commissioner and no full-time employee of the Commission shall—
(a) hold, or seek appointment, election or nomination to, any political office; or
(b) except in the exercise of his or her functions as a Commissioner or as an employee of
the Commission, perform any work for a political party or candidate in connection
with an election or referendum; or
(c) knowingly wear any badge or article of clothing that is or is reasonably likely to be
associated with a political party or candidate contesting any election or supporting or
opposing any question put to a referendum.
[Section amended by s. 48 of Act No. 6 of 2014]
(4) Subsection (3) applies to part-time employees of the Commission during any period that
they are employed or engaged by the Commission.
12 Funds and finances of Commission
(1) The funds of the Commission shall consist of—
(a) moneys appropriated to the Commission by Act of Parliament; and
(b) fees, charges and other income accruing to the Commission from things done by it in
terms of this Act; and
(c) the proceeds of any monetary penalties imposed by the Commission under this Act;
and
(d) nomination fees paid by candidates under this Act; and
(e) donations or grants from any local or foreign source whatsoever, which have been
approved by the Minister and the Minister responsible for finance; and
(f) such other moneys as may vest in or accrue to the Commission, whether in the course
of its operations or otherwise, and whether under this Act or any other enactment.
(2) Moneys not immediately required by the Commission may be invested in such manner
as the Commission in consultation with the Minister may approve.
(3) …
[Subsection repealed by s. 48 of Act No. 6 of 2014]
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