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Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 6 : Administration

Part 5 : Accreditation of observers and persons providing voter education

84. Accreditation of observers

 

 

(1) Any juristic person may apply to the Commission in the prescribed manner for accreditation to observe an election.

 

(2) The Commission may require further information in support of an application.

 

(3) The Commission may accredit an applicant to observe an election after considering the application,  any further information provided by the applicant, and whether—
(a) the accreditation  of the applicant will promote  conditions  conducive  to a  free and fair election; and
(b) the persons appointed by the applicant will—
(i) observe that election impartially and independently  of any registered party or candidate contesting that election;
(ii) be competent and professional  in observing that election; and
(iii) subscribe to a Code  governing observers issued by the Commission in terms of section 99.

 

(4) The Commission may decide—
(a) to accredit the applicant, in which case, the Commission must—
(i) enter the applicant's name in the register of persons accredited as observers;
(ii) issue a certificate of accreditation in the applicant's name stating the period and other conditions of accreditation; and
(iii) send the certificate to the applicant; or
(b) not to accredit the applicant, in which case the Commission  must  advise the unsuccessful applicant in writing of its decision.

 

(5) If a person accredited as an observer fails to comply to a material extent with the conditions of the accreditation, the Commission may cancel that accreditation after having given reasonable notice of the cancellation to that person.

 

(6) Any person may inspect the register and copies of the certificates of persons accredited as observers. The register and copies of the certificates must be kept at the Commission's head office.

 

(7) The chief electoral officer must provide a certified copy of, or extract from, that register or a certificate to any person who has paid the prescribed fee.