ELECTION NEWS - The IEC Handbook on Electoral Offences contains the penal provisions of the Electoral Act, which includes a list of prohibited conduct deemed inimical to free and fair elections.
In terms of Section 97, any person who is guilty of the following offences could receive a fine or imprisonment for a period of up to five years or a fine or imprisonment of up to 10 years.
Here follows a an expurgated version of the offences and penalties:
Undue influence
- Compelling or unlawfully persuading any person to:- register or not to register as a voter; vote or not to vote; vote or not to vote for any registered party or candidate; support or not support any registered party or candidate; attend and participate in, or not to attend and participate in, any political meeting, march, demonstration or other political event (up to five years);
- Interfering with the independence or impartiality of the commission, any member, employee or officer of the commission, or the chief electoral officer (up to 10 years);
- Prejudicing any person because of any past, present or anticipated performance of a function in terms of the electoral act (up to 10 years);
- Advantaging or promising to advantage a person in exchange for that person not performing a function in terms of the Electoral Act (up to 10 years);
- Preventing any of the following persons from gaining reasonable access to voters, whether in a public or private place (up to five years): any representative of a registered party or of a candidate; any candidate in an election; any member, employee or officer of the commission; the chief electoral officer; any person appointed by an accredited observer; any person accredited to provide voter education.
- Unlawfully preventing the holding of any political meeting, march, demonstration or other political event (up to five years);
- Preventing (subject to the Electoral Act) anyone from exercising a right conferred by the Electoral Act (up to five years);
- Persuading a person, while knowing that such person is not entitled to be registered as a voter, that s/he is entitled to be registered as a voter (up to five years);
- Representing, while knowing that such person is not entitled to be registered as a voter, to anyone else that such a person is entitled to be registered as a voter (up to five years);
- Representing to anyone else that a person who is not entitled to vote is in fact entitled to vote, while knowing that such a person is not entitled to vote (up to five years).
Impersonation
- Applying to be registered as a voter in the name of any other person, whether living, dead or fictitious (up to five years);
- Applying for a ballot paper at a voting station in the name of another person, whether living, dead or fictitious (up to five years);
- Voting in an election or at a voting station while not being entitled to vote in that election or at that voting station (up to five years);
- Casting more votes than that which the person concerned is entitled to (up to five years);
- Impersonating:- a representative of a registered party or of a candidate; a candidate in an election; a member, employee or officer of the commission; the chief electoral officer; a person appointed by an accredited observer; a person accredited to provide voter education (up to five years).
Intentional false statements
- Publishing any false information with the intention of: disrupting or preventing an election; creating hostility or fear in order to influence the conduct or outcome of an election;
Infringement of secrecy
- Interfering with a voter's right to secrecy while the voter is casting a vote;
- Disclosing any information about voting or the counting of votes except as permitted in terms of the Electoral Act;
- Except to the extent permitted in terms of the Electoral Act, opening any ballot box or container sealed in terms of the Electoral Act, or breaking its seal.
Prohibition on voting/election materials
- Printing, manufacturing or supplying; removing or concealing; damaging or destroying any voting or election material except as permitted in terms of the Electoral Act;
- Removing or concealing any voting or election material, except as permitted in terms of the Electoral Act;
- Using the voter's roll or any voting or election material for a purpose other than an election purpose except as permitted in terms of the Electoral Act.
Prohibition on placards/billboards during election
- Defacing or unlawfully removing any billboard, placard or poster published by a registered party or candidate at any time between the date on which an election is called and the date on which the result of the election is determined and declared in terms of section 57.
Obstruction/noncompliance
- Refusing or failing to give effect to the lawful direction, instruction or order of the commission, or a member, employee or officer of the commission, or the electoral officer;
- Obstructing or hindering the commission, or a person mentioned in the point directly above, or a person appointed by an accredited observer, in the exercise of their powers or the preforming of their duties;
Contravention or any of the sections listed above constitutes an offence whether or not an election has been called.
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