ELECTORAL ACT ____________________________________________________________________________________ (5) Any person who contravenes subsection (4) 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. [40F Foreign contributions or donations for the purposes of voter education] [Section repealed by s. 18 of Act No. 6 of 2018] [Part IXA inserted by s. 13 of Act No. 3 of 2012] PART IXB ELECTION OBSERVERS [Part IXB inserted by s. 13 of Act No. 3 of 2012] 40G Functions of accredited observers (1) Persons who are accredited by the Commission in terms of this Part as observers of an election shall be entitled to do all or any of the following— (a) to observe the election process and, in particular, the conduct of polling at the election; (b) to be present at the counting or collating of votes cast at the election and the verification of polling-station returns by presiding officers in terms of sections 63, 64 and 65; (c) to bring any irregularity or apparent irregularity in the conduct of the poll or the counting or collating of votes to the attention of the Commission; (d) to provide the Commission with a comprehensive review of the election taking into account all relevant circumstances, including— (i) the degree of impartiality shown by the Commission; and (ii) the degree of freedom of political parties to organise, move, assemble and express their views publicly; and (iii) the opportunity for political parties to have their agents observe all aspects of the electoral process; and (iv) the fairness of access afforded to political parties to the national media and other resources of the State; and (v) the proper conduct of the polling and the counting of the votes at the election; and (vi) any other issue concerning the essential freedom and fairness of the election; and [Paragraph inserted by s. 16 of Act No. 6 of 2014] (vii) any other factor that has a bearing on gender equality and elections, generally or in the conduct of the polling at the election. [Paragraph inserted by s. 19 of Act No. 6 of 2018] (2) The Minister, the Commission, and all electoral officers shall take all necessary steps to ensure that accredited observers are able to exercise their functions under subsection (1). 40H Observers Accreditation Committee (1) The Commission shall establish a committee, to be called the Observers Accreditation Committee, consisting of— (a) the Chairperson of the Commission, who shall be the chairperson of the Committee; and (b) the Deputy Chairperson of the Commission; and (c) three Commissioners, designated by the Commission; and [Paragraph substituted by s. 17 of Act No. 6 of 2014] (d) one person nominated by the Office of the President and Cabinet; and (e) one person nominated by the Minister; and 55