ELECTIONS OFFENCES

Bribery

A person who corruptly either directly or indirectly, by oneself or any other person−

  • gives, lends, or procures, or offers, promises or agrees to give, lend or procure any money to or for any person to or for any person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting or who corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election;
  • gives, lends or procures, or offers, promises or agrees to give, lend, or procure, any money to or for any voter or to or for any other person on behalf of any voter or to or for any other person for acting or joining in any procession or demonstration before, during or after any election;
  • makes any gift, loan, offer, promise, procurement or agreement to or for any person in order to induce the person to procure or to endeavour to procure the return of any candidate at any election or the vote of any voter at any election;
  • upon or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavors to procure, the return of any candidate at any election or the vote of any voter at any election;
  • advances or pays or causes to be advanced or paid any money to or for the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;
  • before or during any election, receives or contracts for any money or loan for oneself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election;
  • after any election, receives any money on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election; or
  • conveys or transfers or is concerned with the conveyance or transfer of any property, or pays or is concerned with the payment of any money, to any person for the purpose of enabling that person to be registered as a voter, thereby to influence that person’s vote at any future election, or pays to or is concerned with the payment of any money on account of any voter for the purpose of inducing that person to vote or refrain from voting, commits an offence of bribery and shall, on conviction be liable to as fine not exceeding ten thousand Emalangeni or imprisonment for a period not exceeding two years or both.

Nothing in this Act shall be construed as applying to any money paid or agreed to be paid for, or on account of, any expenditure bona fide and lawfully incurred in respect of the conduct or management of an election.

Impersonification

A person who−

  • at any election, applies for a ballot paper in the name of some other person, living or dead, or of a fictitious person;
  • having voted once at any election, applies again at the same election for a ballot paper;
  • votes at any election knowing that the person is not entitled to vote at that election or induces or procures any person to vote at any election knowing that person is not entitled to vote at that election;
  • applies to be registered as a voter in the name of any other person, whether living, dead or fictitious; or
  • impersonates−
  1. a candidate in an election;
  2. a member, employee or officer of the Commission; or
  3. a person appointed as an accredited observer, or monitor

commits an offence of impersonation and shall on conviction be liable to a fine not exceeding ten thousand Emalangeni or imprisonment for a period not exceeding two years or both.

Treating

A person who corruptly by oneself or by any person either before, during or after an election, directly or indirectly, gives or provides or pays, wholly or in part, the expenses of, any food, drink, entertainment, lodging or provisions to, or for, any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving that person’s vote at an election commits an offence of treating and shall on  conviction be liable to pay a fine not exceeding ten thousand Emalangeni or imprisonment for a period not exceeding two years or both.

Undue Influence

(1)        A person shall not directly or indirectly, by oneself or by any other person−

  • make use of or threaten to make use of any force, violence or restraint upon any other person;
  • inflict or threaten to inflict by oneself or by any other person, or by any supernatural or non-natural means, or pretended supernatural or non-natural means, any physical, psychological, mental or spiritual injury, damage, harm or loss upon or against any person; and
  • do or threaten to do anything to the disadvantage of any person; in order to induce or compel any person−
  • to register or not to register as a voter;
  • to vote or not to vote;
  • to vote or not to vote for any candidate;
  • to support or not to support any candidate; or
  • to attend and participate in, or not to attend and participate in, any election meeting, march, demonstration or other election event;
  • interfere with the independence or impartiality of the Commission, any member, employee or officer of the Commission;
  • prejudice any person because of any past, present or anticipated performance of a function under this Act;
  • advantage, or promise to advantage, a person in exchange for that person not performing a function under this Act; or
  • unlawfully prevent the holding of any election meeting.

(2)        Subject to the other provisions of this Act, no person shall prevent anyone from exercising a right conferred by this Act.

(3)        A person, knowing that another person is not entitled to be registered as a voter, shall not−

  • persuade that other person that that other person is entitled to be registered as a voter; or
  • represent to anyone else that that other person is entitled to be registered as a voter.

(4)        A person, knowing that another person is not entitled to vote, shall not−

  • assist, compel or persuade that other person to vote; or
  • represent to anyone else that that other person is entitled to vote.

 

(5)        A person who contravenes any of the provisions of subsections (1) to (4) commits an offence of undue influence.

 

(6)        A person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the vote of any voter or thereby compels, induces or prevails upon any voter either to give or to refrain from giving the person’s vote at any election, commits an offence of undue influence and shall on conviction be liable to pay fine not exceeding ten thousand Emalangeni or imprisonment for a period not exceeding two years or both.

Illegal practice of publishing false statements in respect of candidates

(1)        A person who, before or during an election, publishes a false statement of the illness, death or withdrawal from election of a candidate at that election for the purpose of promoting or procuring the election of another candidate, knowing that statement to be false or not believing it to be true, commits an illegal practice.

(2)        A person who, before or during an election, publishes any false statement of fact in relation to the personal character or conduct of a candidate in that election, shall be guilty of an illegal practice, unless that person can show that that person had reasonable grounds for believing, and did believe, the statement to be true.

(3)        A person who is found guilty of an illegal practice for publishing a false statement in respect of a candidate in terms of subsections (1) and (2), shall be liable on conviction to pay a fine not exceeding twenty thousand Emalangeni or imprisonment for a period not exceeding three years or both.

Illegal practice in respect of nomination of candidates.

(1)        A person who forges or fraudulently destroys any written authority of a candidate or nomination paper, or delivers to a returning officer any written authority of a candidate or nomination paper knowing the same to be forged shall be guilty of an illegal practice.

(2)        A person who knowingly makes a false statement relating to that person’s nomination in that person’s nominating paper shall be guilty of an illegal practice.

(3)        A person who is found guilty of an illegal practice in respect to the nomination of a candidate in terms of subsections (1) and (2) shall on conviction be liable to pay fine not exceeding twenty thousand Emalangeni or imprisonment for a period not exceeding three years or both.

Illegal practices in respect of public meetings

A person who, at a lawful public meeting held in connection with the election of any person between the day of the publication of a notice appointing a nomination day and the day on which the result of the election is published, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is called, shall be guilty of an illegal practice and shall on conviction be liable to a fine not exceeding twenty thousand Emalangeni or imprisonment for a period not exceeding three years or both.