Electoral Amendment Act 1 of 2023

• Jurisdiction: South Africa
• Coming into Force: 19 June 2023
• Act Number: 1
• Citation: 2023 No. 1
• Year: 2023

ELECTORAL AMENDMENT ACT 1 OF 2023[1]

[ASSENTED TO 13 APRIL 2023] [DATE OF COMMENCEMENT: 19 JUNE 2023]

(English text signed by the President)

published in

GG 48432 of 17 April 2023

commencement

(see s. 24 of this Act)

provisions	date	refer to
whole Act	19 June 2023	Proc 124 in GG 48839 of 22 June 2023

ACT

To amend the Electoral Act, 1998, so as to delete a definition and insert certain definitions consequential to the expansion of this Act to include independent candidates as contesters to elections in the National Assembly and provincial legislatures; to provide that registered parties must submit a declaration confirming that all its candidates are registered to vote in the province where an election will take place; to provide that the submission of lists of candidates of a registered party not represented in the National Assembly or any provincial legislature, must be accompanied by a prescribed form with certain specified details; to provide for the nomination of independent candidates to contest elections in the National Assembly and provincial legislatures; to provide for the requirements which must be met by persons who wish to be nominated as independent candidates; to provide for the inspection of copies of lists of independent candidates and accompanying documents; to provide for objections to independent candidates; to provide for the inclusion of a list of independent candidates entitled to contest elections; to provide for the appointment of agents by independent candidates; to provide that independent candidates are bound by the Electoral Code of Conduct; to provide for the return of a deposit to independent candidates in certain circumstances; to amend Schedule 1; to substitute Schedule 1A; to provide for the Minister to establish the Electoral Reform Consultation Panel; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

1

Amends section 1 of the Electoral Act 73 of 1998, as follows: paragraph (a) inserts the definition of 'candidate'; paragraph (b) inserts the definition of 'Constitution'; paragraph (c) inserts the definition of 'independent candidate'; paragraph (d) inserts the definition of 'list of independent candidates'; paragraph (e) deletes the definition of 'party liaison committee'; paragraph (f) inserts the definition of 'political liaison committee'; and paragraph (g) inserts the definitions of 'province' and 'region'.

2

Amends section 20 (1) of the Electoral Act 73 of 1998 by substituting the words preceding paragraph (a).

3

Amends section 27 (2) of the Electoral Act 73 of 1998 by inserting paragraphs (cA) and (cB).

4

Amends section 28 of the Electoral Act 73 of 1998 by substituting subsections (1) and (2).

5

Amends section 30 of the Electoral Act 73 of 1998 by deleting subsection (6).

6

Inserts Part 3A (sections 31A to 31F inclusive) in Chapter 3 of the Electoral Act 73 of 1998.

7

Amends section 39 (1) of the Electoral Act 73 of 1998 by substituting paragraph (b).

8

Amends section 57A of the Electoral Act 73 of 1998, as follows: paragraph (a) substitutes paragraph (a); and paragraph (b) substitutes paragraph (c).

9

Substitutes section 58 of the Electoral Act 73 of 1998.

10

Amends section 59 (3) (a) of the Electoral Act 73 of 1998 by substituting subparagraph (ii).

11

Amends section 62 of the Electoral Act 73 of 1998, as follows: paragraph (a) substitutes the heading; and paragraph (b) substitutes paragraphs (a) and (b).

12

Amends section 64 (3) of the Electoral Act 73 of 1998 by substituting paragraphs (a) and (b).

13

Amends section 66 of the Electoral Act 73 of 1998, as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (3).

14

Substitutes section 94 of the Electoral Act 73 of 1998.

15

Amends section 96 (2) of the Electoral Act 73 of 1998 by substituting paragraph (c).

16

Amends section 99 (1) of the Electoral Act 73 of 1998 by deleting the word 'and' at the end of...