Special Investigating Units and Special Tribunals Act, 1996
R 385
Electoral Act, 1998 (Act No. 73 of 1998)Schedule 2 : Electoral Code of Conduct |
(Section 99)
| 1. | Purpose of Code.—The purpose of this Code is to promote conditions that are conducive to free and fair elections, including— |
| (a) | tolerance of democratic political activity; and |
| (b) | free political campaigning and open public debate. |
| 2. | Promotion of Code.—Every registered party and every candidate bound by this Code must— |
| (a) | promote the purpose of the Code when conducting an election; |
| (b) | publicise the Code widely in any election campaigns; and |
| (c) | promote and support efforts in terms of this Act to educate voters. |
| 3. | Compliance with Code and electoral laws.—Every registered party and every candidate must— |
| (a) | comply with this Code; |
| (b) | instruct— |
| (i) | in the case of a party, its candidates, persons who hold political office in the party, and its representatives, members and supporters, to comply with this Code and any applicable electoral laws; or |
| (ii) | in the case of a candidate, the representatives and supporters of the candidate to comply with this Code and any applicable electoral laws; |
| (c) | take all reason able steps to ensure— |
| (i) | in the case of a party, that its candidates, persons who hold political office in the party, and its representatives, members and supporters, comply with this Code and any applicable electoral laws; or |
| (ii) | in the case of a candidate, that the representatives and supporters of the candidate comply with this Code and any applicable electoral laws. |
| 4. | Public commitment.— |
| (1) | Every registered party and every candidate must— |
| (a) | publicly state that everyone has the right— |
| (i) | to freely express their political beliefs and opinions; |
| (ii) | to challenge and debate the political beliefs and opinions of others; |
| (iii) | to publish and distribute election and campaign materials, including notices and advertisements; |
| (iv) | to lawfully erect banners, billboards, placards and posters; |
| (v) | to canvass support for a party or candidate; |
| (vi) | to recruit members for a party; |
| (vii) | to hold public meetings; and |
| (viii) | to travel to and attend public meetings; and |
| (B) | publicly condemn any action that may undermine the free and fair conduct of elections. |
| (2) | Every registered party and every candidate must accept the result of an election or challenge the result in a court. |
| 5. | Duty to co-operate.—Every registered party and every candidate must liaise with other parties contesting an election and endeavour to ensure that they do not call a public meeting, march, demonstration, rally or any other public political event at the same time and place as that called by another party contesting the election. |
| 6. | Role of women.—Every registered party and every candidate must— |
| (a) | respect the right of women to communicate freely with parties and candidates; |
| (b) | facilitate the full and equal participation of women in political activities; |
| (c) | ensure the free access of women to all public political meetings, marches, demonstrations, rallies and other public political events; and |
| (d) | take all reasonable steps to ensure that women are free to engage in any political activities. |
| 7. | Role of Commission. —Every registered party and every candidate must— |
| (a) | recognise the authority of the Commission in the conduct of an election; |
| (b) | assure voters of the Commission's impartiality; |
| (c) | give effect to any lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission, or the chief electoral officer; |
| (d) | establish and maintain effective lines of communication with— |
| (i) | the Commission; and |
| (ii) | other registered parties contesting the election; |
| (e) | facilitate the access of members, employees and officers of the Commission, and the chief electoral officer, to public meetings, marches, demonstrations, rallies and other public political events of that party or candidate; |
| (f) | co-operate in any investigation of the Commission; |
| (g) | take all reasonable steps to ensure— |
| (i) | the safety of members, employees and officers of the Commission, and the chief electoral officer, in the exercise of any power or the performance of any duty assigned by or under this Act; |
| (ii) | that persons referred to in subparagraph (i) are not subjected to insult, hazard or threat by any representatives or supporters of that party or candidate; and |
| (iii) | that representatives of that party or candidate attend meetings of any party liaison committee or other forum convened by the Commission. |
| 8. | Role of media. -Every registered party and every candidate— |
| (a) | must respect the role of the media before, during and after an election conducted in terms of this Act; |
| (b) | may not prevent access by members of the media to public political meetings, marches, demonstrations and rallies; and |
| (c) | must take all reasonable steps to ensure that journalists are not subjected to harassment, intimidation, hazard, threat or physical assault by any of their representatives or supporters. |
| 9. | Prohibited conduct.— |
| (1) | No registered party or candidate may— |
| (a) | use language or act in a way that may provoke— |
| (i) | violence during an election; or |
| (ii) | the intimidation of candidates, members of parties, representatives or supporters of parties or candidates, or voters; |
| (b) | publish false or defamatory allegations in connection with an election in respect of— |
| (i) | a party, its candidates, representatives or members; or |
| (ii) | a candidate or that candidate's representatives; |
| (c) | plagiarise the symbols, colours or acronyms of other registered parties; or |
| (d) | discriminate on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election or political activity. |
| (2) | No person may— |
| (a) | offer any inducement or reward to another person— |
| (i) | to join or not to join a party; |
| (ii) | to attend or not to attend a public meeting, march, demonstration, rally or other public political event; |
| (iii) | to vote or not to vote, or to vote or not to vote in any particular way; or |
| (iv) | to refuse a nomination as a candidate or to withdraw as a candidate; or |
| (b) | carry or display arms or weapons— |
| (i) | at a political meeting; or |
| (ii) | in any march, demonstration, rally or other public political event; |
| (c) | unreasonably prevent any other person access to voters for the purpose of voter education, collecting signatures, recruiting members, raising funds or canvassing support for a party or candidate; |
| (d) | deface or unlawfully remove or destroy the billboards, placards, posters or any other election materials of a party or candidate; or |
| (e) | abuse a position of power, privilege or influence, including parental, patriarchal, traditional or employment authority to influence the conduct or outcome of an election. |
| 10. | Additions to Code. —The Commission may by regulations made in terms of section 100 add provisions to this Code. |
