ELECTORAL ACT
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(c) an election of one or more councillors, the Commission may appoint a member of its
staff or one of the persons seconded in terms of subsection (1) to be the ward elections
officer for each ward in which the election is to take place;
[Paragraph amended by s. 8 of Act No. 6 of 2014]
(d) special voting, the Commission may appoint a member of its staff or one of the
persons seconded in terms of subsection (1) to be the district special voting officer for
each district in which the special voting is to take place:
[Paragraph amended by s. 8 of Act No. 6 of 2014]
Provided that the Commission may designate a constituency elections officer
stationed at a district centre to be the district special voting officer for the district in
question.
(5) …
Subsection repealed by s. 8 of Act No. 6 of 2014]
10A Provisions guaranteeing independence of Commission
(1) Every Commissioner and member of staff of the Commission shall perform their
functions independently.
(2) The State and any private person (including a private voluntary organisation), and any
other person, body, organ, agency or institution belonging to or employed by the State or any
private person, a local authority or otherwise, shall not interfere with, hinder or obstruct the
Commission, its Commissioners or any member of staff of the Commission, in the exercise or
performance of their functions.
(3) the State and any person, body, organ, agency or institution, belonging to or employed
by the State, shall afford the Commission such assistance as may be reasonably required for the
protection of the independence, impartiality and dignity of the Commission.
11 Provisions to ensure independence, impartiality and professionalism of
Commissioners and staff and agents of Commission
(1) In this section—
“political office” means—
(a) the office of—
(i) the President; or
(ii) a Vice-President, Minister or Deputy Minister; or
(iii) a member of Parliament; or
(iv) a member of a provincial or metropolitan council; or
(v) a councillor;
or
(b) any executive or elected office, whether remunerated or not, in the service of a
political party or of an organisation or movement which publicly supports or
opposes the policies, candidates or cause of a political party;”.
[Definition substituted by s. 9 of Act No. 6 of 2014]
(2) Commissioners and the Commission’s employees and agents shall—
(a) exercise their functions in a manner that—
(i) promotes conditions conducive to free, fair and democratic elections and
referendums and the enhancement of gender equality in connection therewith;
and
[Subparagraph amended by s. 4 of Act No. 6 of 2018]
(ii) ensures that the secrecy and integrity of voting at elections and referendums is
respected;
and
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