Last Updated: 14 April 2023

[ELO 116] Campaign rules116 

116
(1) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must—
  • (a)respect the rights and freedoms of all other political parties and candidates to campaign, and to disseminate their political ideas and principles without fear; and
  • (b)conduct itself in a manner that respects the rights of other political parties and candidates, and respects the rights of voters.
(2) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must—
  • (a)cooperate with election officials in order to ensure—
    • (i)peaceful and orderly polling; and
    • (ii)complete freedom for voters to exercise their franchise without being subjected to any annoyance, harassment or obstruction;
  • (b)ensure the safety and security of electoral officials before, during and after the polling;
  • (c)respect and cooperate with observers;
  • (d)maintain and aid in maintaining the secrecy of the vote; and
  • (e)organise and conduct its election campaign in a manner that contributes toward a congenial and peaceful atmosphere during the campaign.
(3) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not—
  • (a)prevent the distribution of handbills and leaflets, and the display of posters, of other parties and candidates;
  • (b)deface or destroy the posters of other parties and candidates;
  • (c)use any language or publish or distribute pamphlets, newsletters or posters or make any broadcast containing language or material that amounts to racial or religious vilification or that threatens or incites violence;
  • (d)prevent any other party from holding rallies, meetings, marches or demonstrations;
  • (e)imitate the symbols of another political party or candidate, or steal, disfigure or destroy political or campaign materials of another political party or candidate;
  • (f)encourage, engage in or permit any kind of violent activity to demonstrate party strength or to prove supremacy;
  • (g)cause damage to any public or private property during any campaign;
  • (h)coerce or offer monetary or other kinds of direct inducements to persons to vote for or against a particular party or candidate, or to abstain from voting;
  • (i)coerce or offer monetary or other kinds of direct inducements to persons to stand or not to stand as candidates, or to withdraw or not to withdraw their candidacies;
  • (j)procure the support or assistance of any election official or public servant to promote or hinder the election of a candidate;
  • (k)seek to prevent any person from attending the political rallies of another party; or
  • (l)encourage, incite or permit its supporters to do anything prohibited by this subsection.
(4) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not—
  • (a)procure votes by forcible occupation of polling stations or through illegal activities in the polling stations;
  • (b)interfere unjustifiably or in bad faith with the duties of election officials, disturb the process of casting or counting of votes;
  • (c)falsely assert to voters that their votes will not be secret; or
  • (d)use any language or publish any document that seeks to threaten or incite hatred or violence in any form against any other person or group of persons or which may amount to racial or religious vilification.
(4A) The Supervisor may remove or direct any political party, candidate or police officer to remove any material that is in breach of the campaign rules.

[subs (4A) insrt Act 9 of 2021 s 31, effective 7 June 2021]

(4B) Any political party, candidate or police officer who fails to comply with a directive under subsection (4A) commits an offence and is liable on conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding 5 years or both.

[subs (4B) insrt Act 9 of 2021 s 31, effective 7 June 2021]

(4C) If—
  • (a)a political party;
  • (b)a candidate for election to Parliament; or
  • (c)any other person representing, or acting under the direction of, the political party or candidate,

makes a financial commitment, whether orally or in writing, the political party, candidate or other person must immediately provide a written explanation setting out the following information—

  • (i)how revenue for the financial commitment is to be raised;
  • (ii)how expenditure for the financial commitment is to be made;
  • (iii)how expenditure is to be allocated to different sectors and budget sector agencies; and
  • (iv)if expenditure exceeds revenue, how the deficit is to be financed.

[subs (4C) insrt Act 34 of 2021 s 38, effective 1 April 2022]

(4D) For the purposes of subsection (4C), financial commitment means any commitment made as part of a campaign for a general election, where the implementation of the commitment after the general election has financial implications.

[subs (4D) insrt Act 34 of 2021 s 38, effective 1 April 2022]

(5) Any person who contravenes subsection (3), (4) or (4C) commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

[subs (5) am Act 34 of 2021 s 38, effective 1 April 2022]