Breaching the Electoral Code of Conduct is a criminal offence

The Electoral Commission of South Africa (IEC) says breaching the Code of Conduct is a criminal offence punishable by law, and political parties and independent candidates can be fined or receive a prison sentence of up to 10 years.

“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,” said the IEC.

The IEC said the Electoral Code of Conduct must be agreed to by every registered party and independent candidate before the party takes part in an election.

As soon as the election date is proclaimed, parties, their agents and candidates commit to adhering to the provisions of the Electoral Code of Conduct until the election results are officially announced.

Failure to do so, creates the risk of a party's candidates or independent candidates being disqualified.

“Parties and candidates must stick to the code and must let the public know about the Code, promote the purpose of the Code, and support efforts to educate voters,” said the IEC.

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. Furthermore, members of the public have the right to join in any political campaigns, marches or public meetings.

The rules of the Electoral Code of Conduct

Parties and candidates must:

⦿ Speak out against political violence and threats against other parties, the Electoral Commission, members of the public and the media.

Let the authorities know about planned marches or rallies.

Communicate with other political parties about planned political events. Recognise the authority of the Electoral Commission.

Work with the Electoral Commission structures and allow them to perform their duties. Work with the police in their investigation of election crime and violence.

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

The IEC said 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, must give up the party's election deposit, be stopped from working in an area, have their votes in an area cancelled, and can have their party registration cancelled.

The IEC said the following behavior is prohibited as stated in the Electoral Code of Conduct;

Using language that provokes violence. Intimidation of candidates or voters. Publishing false information about other candidates or parties. Plagiarising any other party's symbols, name or acronyms.

Offering any inducement or reward to a person to vote for a party. Destroying, removing or defacing posters of other parties.

Carrying arms or weapons at political meetings, marches or rallies.

Bribing voters to vote or not vote.

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