ELECTORAL ACT (as amended at 24th January 2008)
153
Defacing property for political purposes
(1) Any person who, with the object of supporting or opposing any political party,
political cause or candidate, whether or not in reference to any election, places any bill,
placard, poster, pamphlet, circular or other document, writing or painting on, or otherwise
defaces, any house, building, wall, fence, lamp-post, gate or elevator without the consent of
the owner or occupier thereof, shall be guilty of an offence and liable to a fine not exceeding
level fourteen or to imprisonment for a period not exceeding two years or to both such fine
and such imprisonment.
(2) Subject to Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07], a
court which has convicted a person of any offence in terms of subsection (1) shall forthwith
award compensation, including the costs of restoring the property to its former condition, to
any person whose right or interest in property of any description has been lost or diminished
as a direct result of the offence.
154
Aggravating circumstances in relation to offences under sections 151,
152, and 153
It shall be an aggravating circumstance in relation to the commission of an offence under
section one hundred and fifty-one, one hundred and fifty-two or one hundred and fifty-three if
the person convicted of such offence committed it while falsely claiming or representing
himself or herself to be acting on behalf of any institution of the State or a political party, with
the intention of discrediting such institution or political party.
PART XXI
FURTHER PROVISIONS RELATING TO CORRUPT PRACTICES, ILLEGAL PRACTICES
AND OTHER OFFENCES
155
When election void owing to corrupt or illegal practices
Subject to sections one hundred and forty-eight, one hundred and fifty-six and one
hundred and fifty-seven—
(a) if upon the trial of an election petition the Electoral Court declares that any electoral
malpractice has been committed with reference to the election the subject of the
petition, by or with the knowledge and consent or approval of the candidate returned
at that election, or by or with the knowledge and consent or approval of any of his or
her agents, and the effect of such practice was, in the opinion of the Electoral Court,
such as to have materially affected the outcome of that election, the election of that
candidate shall be void, and a fresh election shall thereupon be held;
(b) if a candidate or his or her chief election agent is found at the said trial to have
committed any electoral malpractice, that candidate or agent may be declared by the
Electoral Court to be incapable, for a period not exceeding five years from the date
of the finding, of—
(i) being registered as a voter or of voting at an election; or
(ii) 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 Electoral Court may declare that that office shall
be vacated by him or her as from the date of the finding.
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