ELECTORAL ACT
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(2) Any person guilty of an illegal practice in terms of subsection (1) shall be liable to a
fine not exceeding level seven or to imprisonment for a period not exceeding two years or to
both such fine and such imprisonment.
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Betting prohibited
Any person who stakes any money or undertakes to stake any money on any contingency
relating to the nomination of a candidate for election in terms of this Act or the result of a poll
taken in terms of this Act shall be guilty of an illegal practice and liable to a fine not exceeding
level four or to imprisonment for a period not exceeding three months or to both such fine and
such imprisonment.
[145 Posters to have names of printer and publisher]
[Section repealed by s. 73 of Act No. 17 of 2007]
146
Prohibited symbols
(1) The Commission may, by statutory instrument, declare that any symbol or
representation of an animal, bird or thing shall be a prohibited symbol for the purposes of this
section.
(2) No person shall use, possess, display, publish or wear any object or thing which consists
of, incorporates or bears a prohibited symbol if the use, possession, display, publishing or
wearing of that object or thing furthers or is calculated or likely to further the objects or
activities of a candidate or a political party for the purpose of an election.
(3) Without limiting the generality of subsection (2), the prohibition contained therein shall
extend to the use, possession, display, publishing or wearing, as the case may be, of—
(a) banners, flags or badges;
(b) uniforms, T-shirts, dresses or other articles of clothing of whatever kind;
(c) letterheads, pamphlets, circulars, manifestos, notices or advertisements;
consisting of, incorporating or bearing a prohibited symbol.
(4) Any person who contravenes subsection (2) shall be guilty of an illegal practice and
liable to a fine not exceeding level four or to imprisonment for a period not exceeding three
months or to both such fine and such imprisonment.
(5) In any proceedings in respect of a contravention of subsection (2)—
(a) if it is proved that the person who is alleged to have contravened subsection (2) was, at
the time of the contravention—
(i) a member, official or supporter of a political party; or
(ii) an agent or supporter of a candidate;
he or she shall be deemed to have contravened the subsection in order to further the
objects or activities of the political party or candidate, as the case may be, unless the
contrary is proved;
(b) if it is proved that, at any time before an election, an object or thing consisting of,
incorporating or bearing a prohibited symbol was used, possessed or worn in the
presence of, or displayed or published to, a person who at the time was qualified to be
registered as a voter, the object or thing shall be deemed to have been used, possessed,
worn, displayed or published, as the case may be, for the purpose of that election
unless the contrary is proved.
147
Prohibition of certain activities in vicinity of polling stations
(1) Without derogation from any other provision of this Act or any other enactment, no
person shall, within three hundred metres of any polling station on any polling day—
(a) convoke or take part in any gathering of more than twelve persons; or
(b) canvass for votes; or
(c) utter slogans; or
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Select target paragraph3
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