Schedule A
Number of members of Traditional Councils
A: Selected Members | B: Senior Traditional Leader | C: Minimum Number of Women Selected (being 33, 3% of A + B) | D: Elected Members | E: Minimum Number of Women Elected (being 33, 3% of D) | F: Total Members (being A + B +D) |
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17 | 1 | 6 | 12 | 4 | 30 (maximum) |
16 | 1 | 6 | 12 | 4 | 29 |
15 | 1 | 6 | 11 | 4 | 27 |
14 | 1 | 5 | 10 | 4 | 25 |
13 | 1 | 5 | 10 | 4 | 24 |
12 | 1 | 5 | 9 | 3 | 22 |
11 | 1 | 4 | 8 | 3 | 20 |
10 | 1 | 4 | 8 | 3 | 19 |
9 | 1 | 4 | 8 | 3 | 18 |
8 - | 1 | 3 | 6 | 2 | 15 |
7 | 1 | 3 | 6 | 2 | 14 |
6 | 1 | 3 | 5 | 2 | 12 |
5 | 1 | 2 | 4 | 2 | 10 |
4 | 1 | 2 | 4 | 2 | 9 |
Note: Explanation of formula to determine the number of members of the Traditional Councils.*The determination of the number of members of a Traditional Council is based on the custom where a Senior Traditional Leader selects a person / indvuna from each traditional ward / village/ isigodi / administrative area / kgoro / ilali within the jurisdictional area of the Traditional Council concerned to be a member of the 60% selected portion of the Traditional Council. Where the number of administrative areas exceeds 17 the Senior Traditional Leader must, in consultation with the MEC, combine such areas in order to arrive at a maximum of 17 members, or the Tindvuna may elect among themselves 17 members to serve in the Traditional Council. This figure constitutes the 60% portion of a Traditional Council (being columns A and B above). To determine the total number of the members of the Traditional Council concerned, the following formula is used: 100/60 multiplied by the number of selected members. To determine the 40% portion of the members of the Traditional Council to be elected, the following formula applies: 40/100 multiplied by the total number of members of the Traditional Council.Schedule B
Code of conduct for election staff
All designated officers must:1.Report for work on time and remain in attendance until officially released;2.Abide by the instructions given by the Presiding Officer and Deputy Presiding Officer;3.Carry out all assigned duties competently and efficiently;4.Be and act impartial and not favour or side with any candidate;5.Serve voters with respect, dignity and courtesy;6.Be accurate and thorough in their work;7.Perform their work diligently and with integrity;8.Preserve the secrecy of the vote;9.Treat their colleagues, observers and security personnel with respect;10.Dress appropriately and be presentable;11.Conduct themselves in a professional manner;12.Ensure that the voting station is presentable and tidy;13.Always act in accordance with the law; and14.Approach the Presiding Officer or the Deputy Presiding Officer for clarity on issues as and when necessary.During Election Day, the election staff is not allowed to:1.Canvass or campaign for any candidate;2.Use equipment or assets of a candidate;5.Wear clothing with any candidates name, signs or logos;6.Abuse voting equipment for personal interests;7.Use drugs or alcohol-related substances; or8.Disclose any information regarding how a voter has voted.Schedule C
Voting material
The following minimum voting material is required at each voting station:Ballot papers;Ballot boxes;Voting compartments;The certified segment of the voters' roll for the voting district;Indelible ink;Seals;Official stamps;All prescribed forms;Pencils and pens;Rulers;Boundary tape;Banners;Industrial tape;Envelopes;Paper clips;Stickers and name tags;Punch.Schedule D
Code of conduct for candidates participating in Traditional Council elections
Candidates must -(a)tolerate democratic, political activity;(b)free political campaigning and open public debate;(c)promote and adhere to the principles of free and fair elections;(d)adhere to and comply with the provisions of the Act and these regulations;(e)duly cooperate with and acknowledge the role of the Department and the Independent Election Agency;(f)acknowledge and respect the rights of women to participate in free and fair elections;(g)refrain from committing any offence as contemplated in regulation 37.Schedule E
1. Institution of and intervention in civil proceedings
(1)Subject to these regulations and any other law, the MEC either personally or through the Independent Election Agency may institute civil proceedings before a court to enforce a provision or provisions of these regulations.(2)The MEC either personally or through the Independent Election Agency may intervene in any civil proceedings if the MEC or Independent Election Agency has a legal interest in the outcome of those proceedings.2. Jurisdiction and powers of Election Tribunal
(1)The Election Tribunal has jurisdiction in respect of all election disputes and complaints regarding infringements of any of the Codes of Conduct.(2)If the Election Tribunal finds that a candidate has contravened a provision of these regulations it may, in the interest of a free and fair election, impose any one or more of the following sanctions, namely -(b)a fine not exceeding R10 000;(c)an order prohibiting that person from -(i)using any public media;(ii)holding any public meeting, demonstration, march or other event;(iii)entering any voting district for the purpose of canvassing voters or for any other election purpose;(iv)erecting or publishing billboards, placards or posters at or in any place;(v)publishing or distributing any campaign literature;(vi)electoral advertising; or(d)an order imposing limits on the right of that person or to perform any of the activities mentioned in paragraph (d);(e)an order excluding that person or any agents of that person from entering a voting station;(f)an order reducing the number of votes cast in favour of that person;(g)an order disqualifying the candidature of that person;(3)Any penalty paid in terms of this regulation is payable to the magistrate’s court in whose area of jurisdiction the matter arose.Schedule F
Code of conduct for accredited observers
1.Every accredited observer and person appointed by the observer must-(a)Observe the election impartially and independently of any candidate contesting the election.(b)Remain non-partisan and neutral.(c)Be competent and professional in observing the election.(d)Provide the Independent Election Agency with a comprehensive review of the election taking into account all relevant circumstances including -(i)the degree of impartiality shown by the Independent Election Agency;(ii)the degree of freedom of candidates to organize, move, assemble and express their views publicly;(iii)the opportunity for candidates to have their agents observe all aspects of the election process;(iv)the fairness of access for candidates to national media and other resources of the state;(v)the proper conduct of polling and counting of votes; and(vi)any other issue that concerns the essential freedom and fairness of the election.(e)Comply with all instructions given and every obligation imposed by -(i)the Independent Election Agency;(ii)any designated officer;(iii)any employee or officer of the Independent Election Agency; or(iv)a member of the security services acting on the instructions of an officer.2.The accredited observer and any person appointed by that observer should–(a)Avoid doing anything that would indicate or be seen as indicating partisan support for a candidate.(b)Act in a strictly neutral and unbiased manner.(c)Disclose to the Independent Election Agency any relationship that could lead to conflict of interest regarding the performance of their duties as observers or with the process of observation or assessment of the election.(d)Not accept any gifts or favour from a candidate, organization or person involved in the election process.(e)Not participate in any function or activity that could lead to a perception of sympathy for a particular candidate.(f)Not express a view or opinion on any matter, which is the subject of electoral campaigning.(g)Not influence or attempt to influence the choice of a voter regarding any candidate in an election.(h)Not wear, carry, or display any political party's symbols or colours.Schedule G
Oath by a member of a Traditional Council
Oath of office or solemn affirmation of _________________________________________________________________I, _______________________________, do hereby swear/solemnly affirm to be faithful to the Republic of South Africa and undertake before those assembled here to hold my office with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic of South Africa; to be a true and faithful Member of the _____________________________ Traditional Council; not to divulge directly or indirectly any matters which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.(in the case of an oath: So help me God.)Appendix 1
Independent Election Agency
Nomination of candidates for Traditional Council Election
Election date:Traditional Community:Traditional ward:I ______________________________ Identity number: _________________________________________ being ordinarily resident being ordinarily resident in the above-mentioned Traditional Community and traditional ward and being registered as a voter on that Traditional Community’s segment of the voters’ roll, hereby nominate ______________________________________________Identity number: __________________________________ to contest the election in the above-mentioned Traditional Community as a candidate.Attached are -(a)the prescribed acceptance of nomination signed by the candidate;(b)a certified copy of the page of the candidate’s identification document on which the candidate’s photo, name and identity number appear.Signature of nominator: _____________________________________________Place: ______________________________________________________________Contact details of -(a)Nominator: __________________________________________________(b)Candidate: __________________________________________________Date: ________________________________________________________________Appendix 2
Independent Election Agency
Acceptance of nomination by a candidate for a Traditional Council election
Election date:Traditional Community:Traditional ward:Name/s and surname of the candidate: _______________________________Identity number of the candidate: __________________________________Any other name or non-offensive nickname by which the nominee is known in the community: ______________________Physical address of the candidate including the traditional ward or village concerned: ________________________Date of nomination as candidate: __________________Name and signature of the person seconding the nomination: _________________________I, the above-mentioned candidate hereby accept my nomination as a candidate in the above-mentioned election and I hereby confirm that my nomination is valid only for the election to be held on __________________.______________________________________________Signature of candidate:Date: ____________________________Place: _____________________________________________________________________________Name, signature and designation of Independent Election Agency Representative:Date: ______________________________Place: _____________________________Appendix 3
Independent Election Agency
Presiding officer's ballot paper statement in a Traditional Council election
Election date:Traditional Community:Voting District:Traditional ward:Voting Station:Part 1 – Ballot boxes
Total number of ballot boxes received | |
Total number of ballot boxes received | |
Number of unused ballot boxes | |
Used plus unused must equal total received | |
Part 2 – Ballot papers
(a) | Total no. of ballot papers received | |
(b) | Total no. of ballot papers issued | |
(c) | Total no. of ballot papers unissued | |
(d) | Total (b) + (c) | |
(e) | Total no. of ballot papers cancelled | |
(f) | Total of ballot papers in the used boxes | |
(g) | Total (e) + ( f ) | |
Note:The figures in row (d) should be the same as that in row (a).The figures in row (g) should be the same as that in row (b)._________________________________________Signature of Presiding OfficerDate:Appendix 4
Independent Election Agency
Results form to be completed by the presiding offcier in respect of votes cast for candidates in a Traditional Council election
Election date:Traditional Community:District Management Area [If applicable]:Voting District:Results of count
Candidate name | Number of votes | Signature of candidate/agents/ observer |
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Signature of Presiding Officer: | Name of Presiding Officer: | Identity number: |
Date: | Telephone contact number: | After Hours contact number: |
Appendix 5
Independent Election Agency
Objection concerning voting in a Traditional Council election
________________________________________________________________Election date:Traditional Community:Voting District:Traditional ward:________________________________________________________________Objector
Identity number: ____________________________Full names: __________________________________Agent/Candidate/Voter: (Where applicable): _____________________I object to:⌑ A voter being allowed to vote⌑ A voter being allowed to vote at this station⌑ A voter (or myself) being refused a ballot paper⌑ The conduct of an officer, an agent or other person at this voting stationReasons for objection (giving full particulars of voter, officer, agent or other person involved)______________________________________Signature of ObjectorDatePresiding Officer's decision_____________________________________Signature of Presiding OfficerDate_____________________________________Decision noted: Signature of ObjectorDateAppendix 6
Independent Election Agency
Application for accreditation as observer in a Traditional Council election
Application in respect of a Traditional Council election to take place on ___________________ (Date of election)1.1 Name of Applicant:1.2 Address of Registered Office of Applicant1.3 Telephone Number:1.4 Facsimile Number (if any):1.5 E-mail Address (if any):1.6 Registration Number of Applicant (if applicable):1.7 Date of Founding:1.8 Number of persons that will be appointed as observers:1.9 Person in charge of co-ordinating the applicant’s observers:1.10 Mark or Symbol of applicant:1.11 Particulars of persons appointed by applicant: |
Name | Capacity | Identity/Passport Number | Nationality | Date of arrival in and departure from South Africa (if applicable) |
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NB. If the space is insufficient, full scale paper on which the necessary columns have been drawn, may be used.Supporting Documents:The application must be accompanied by the following:(a)Copy of deed of foundation or constitution of the applicant.(b)A statement of the reasons why the applicant is suitable for accreditation to observe the election process.(c)An affirmation that the applicant commits to co-operate with the Independent Election Agency in relation to the training, conduct and deployment of persons.We hereby apply for accreditation as observer and certify that the particulars furnished in this form and the supporting documents are true and correct, and certify that all persons appointed by us will subscribe to the Code of Conduct for accredited observers.______________________________________________________________Signature of duly authorized person on behalf of applicantApplicant: ___________________________Name: ______________________________Appendix 7
Independent Election Agency
Declaration of secrecy in a Traditional Council election
Election date:I, _________________________ (full names) in my capacity as _________________________ hereby -(a)acknowledge that I will be officially involved in a Traditional Council election;(b)acknowledge that in my position as indicated above, information and documentation regarding a Traditional Council election will be disclosed to me;(c)agree and confirm that I will treat all such information and documentation in the strictest confidence and that I will protect it and not disclose it to any person, unless authorized to do so;(d)confirm that I will be bound by this Declaration of Secrecy notwithstanding the termination of my appointment._____________________________Signature:Date: ___________________________________________________Witness:Date: _______________________Appendix 8
Specimen ballot paper
In the instance that, for example, five vacancies need to be filled on a Traditional Council during an election as contemplated in these regulations, a voter may vote for not more than five candidates whilst the ballot paper must contain the names of at least 10 candidates. The voter may, for example, therefore indicate his or her choices as follows:Name of candidate | Mark |
AAA | |
BBB | X |
CCC | |
DDD | X |
EEE | X |
FFF | |
GGG | |
HHH | X |
III | |
JJJ | X |