ELECTORAL ACT
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133C Preventing political party or candidate from campaigning
A person who, through intimidation prevents or obstructs or attempts to prevent or obstruct
a political party or candidate from campaigning in any election shall be guilty of an offence and
liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years
or to both such fine and such imprisonment.
[Section inserted by s. 71 of Act No. 17 of 2007]
133D Theft or destruction of voter identification
A person who, in order to prevent or discourage another person from voting in an election,
takes, destroys or damages any proof of identity, voters registration certificate or other
document by which that other person may be identified as a voter, shall be guilty of an offence
and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one
year or to both such fine and such imprisonment.
[Section inserted by s. 71 of Act No. 17 of 2007]
133E Additional punishment for intimidation
(1) Where the High Court convicts a person of an offence under this Part, the court may, in
addition to any other punishment, declare the person to be incapable, for a period not exceeding
five years from the date of his or her conviction, of⎯
(a) being registered as a voter or voting at an election; or
(b) 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 the person holds a public office that is covered by a declaration under paragraph (b), the
High Court may declare the office to be vacant as from the date of the conviction.
(2) Notwithstanding any other law, where the High Court has declared a public office to be
vacant in terms of subsection (1), that office shall be vacant from the effective date of the
declaration.
[Part XVIIIA inserted by s. 71 of Act No. 17 of 2007]
PART XVIIIB
MEASURES AGAINST POLITICALLY-MOTIVATED VIOLENCE AND INTIMIDATION
133F Interpretation in Part XVIIIB
In this Part—
“intimidation” has the meaning assigned to it in section 133A;
“Special Investigation Committee” …
[Definition repealed by s. 37 of Act No. 6 of 2018]
“special police liaison officer” means a senior police officer appointed in terms of section
133H(1).
133G Responsibilities of political parties and candidates
Every office-bearer of a political party that is contesting an election, and every candidate
and election agent—
(a) shall take all appropriate measures to prevent politically-motivated violence and any
electoral malpractices before, during and after the election period; and
(b) shall, in the case of an office-bearer of a political party, take effective steps to
discipline all members of the party who engage in politically-motivated violence or
who commit any electoral malpractice before, during or after the election period; and
(c) whenever called upon to do so by the Commission, shall publicly undertake to abide
by the code of conduct for political parties and candidates set out in the Fourth
Schedule.
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