The electoral code of conduct

The Electoral Act contains an electoral code of conduct aimed at promoting “conditions that are conducive to free and fair elections” and that create a climate of tolerance, free political campaigning and open public debate.

Failure to adhere to the code creates the risk of a party’s candidates or independent candidates being disqualified.

What are the rules?

Parties and candidates must: Speak out against political violence and threats against other parties, the electoral commission (IEC), members of the public and the media;

Let the authorities know about marches or rallies;

Communicate with other political parties about planned political events; Recognise the IEC’s authority; Work with IEC structures and allow them to perform their duties;

Work with the police in their investigation of election crime and violence; and

Accept the results of the election or challenge the result in court.

How does the code work?

The code must be agreed to by:

Every registered party before taking part in an election; and

Every candidate before he/she is placed on the list of candidates.

Parties and candidates must stick to the code and must:

Let the public know about the code;

Promote the purpose of the code;

Support efforts to educate voters.

Parties and candidates must also inform the public that all people have the right:

To be free to express their political beliefs and to be part of any political party; and

To join in any political campaigns, marches or public meetings.

What conduct is prohibited?

Using language which provokes violence; Intimidation; Publishing false information; Plagiarising any other party’s symbols, name or acronyms;

Offering any inducement or reward or bribe to a person to vote or not vote for a party;

Destroying, removing or defacing posters of other parties;

Carrying arms or weapons at meetings, marches or rallies;

Generally abusing a position of power to influence the outcome of an election.

What happens when you breach the code of conduct?

Any person who breaches the code is guilty of a criminal offence and can be fined or sent to prison for up to 10 years.

Political parties that breach the Code can:

Be fined up to R200 000; Have to give up the party's election deposit;

Be stopped from working in an area;

Have their votes in an area cancelled;

Can have their party registration cancelled.

What should you do if you suspect a party or a candidate has breached the code?

If you suspect that a party or a candidate has breached the code, report the incident to the electoral court. The secretary of the court can be contacted on 051-412-7400.

For the electoral court’s rules and regulations, refer to:

Electoral Court Rules Proceedings: https://bit.ly/3uIXRkD

Electoral Court Rules Disputes and Complaints: