eSwatini
Electoral Act, 1971
Act 4 of 1971
- Assented to on 13 May 1971
- Commenced on 21 May 1971
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title
This Act may be cited as the Electoral Act, 1971.2. Interpretation
In this Act unless the context otherwise requires—"application" means an application for registration;"approved form" means the approved form listed and numbered in the First Schedule;"candidate" means a person who is nominated for election as a member;"chief electoral officer" or "deputy chief electoral officer" means the officer designated as such under section 3;"competent witness" means—(a)a person who, within Swaziland, holds the office of, or appointment as, a district assistant, registration officer, returning officer, or a town clerk of a municipality or a chairman or secretary of a town council or town board or police officer of or above the rank of sub-inspector; or(b)an Ambassador or High Commissioner of Swaziland or a member of his staff outside Swaziland who has been appointed by him as a competent witness;(c)the Ambassador for the United Kingdom in the Republic of South Africa, or a British consular officer in the Republic of South Africa, or a person appointed by him to be a competent witness;(d)a person who, within or without Swaziland, is, or holds the office of, or appointment as, an advocate, attorney, magistrate, bank manager, consular officer of a country or territory of the Commonwealth, commissioner of oaths, justice of the peace, or compound or assistant compound manager of a mine in the Republic of South Africa affiliated to the Transvaal and Orange Free State Chamber of Mines;but does not include candidate for election or election agent;"constituency" means a constituency established under section 55 of the Constitution;"corrupt practice" means a corrupt practice as described in Part IV;"counting officer" means an officer appointed as such under section 26(2);"election" means an election of an elected member to the House of Assembly;"election agent" means an election agent appointed under section 40(1) by or on behalf of a candidate or his agent for an election, and includes, where the candidate has appointed himself as his election agent, the candidate acting in his capacity as election agent;"electoral officer" means an electoral officer designated under section 3;"election petition" means a petition referred to in the Parliament (Petitions) Act, No. 16 of 1968;"general register of voters" means the register of voters prepared in accordance with section 4 and printed in accordance with section 20, and includes any supplementary register of voters incorporated into it in terms of section 11(3);"illegal practice" means an illegal practice as defined by section 92(4);"intoxicating liquor" has the same meaning as is assigned to "liquor" or "intoxicating liquor" under the law relating to liquor licences;"magistrate" means a person appointed as magistrate under section 4(2) of the Subordinate Courts Proclamation (Cap. 20);"magistrates court" means a court presided over by a magistrate;"member" means an elected member of the House of Assembly;"Minister" means the Minister for Local Administration;"nomination day" means the day specified under section 27(2) as nomination day;"nomination paper" means the approved form No. 12;"official mark" means a mark decided in accordance with section 43(1);"official seal" means a mark or seal approved under section 101(2);"payment" means any pecuniary or other reward;"pecuniary reward" or "money" includes any office, place of employment, valuable security or other equivalent of money, and any valuable consideration, and any expressions referring to money shall be construed accordingly;"polling agent" means a polling agent appointed under section 40(1);"polling day" means the day or days specified under section 27 as polling day;"polling division" means a polling division specified under section 35(1);"polling officer" means a polling officer appointed under section 26(2);"polling station" means a polling station specified under section 35;"presiding officer" means a presiding officer appointed under section 26(2);"printing" includes typewriting, roneoing, lithography, photography, and all other modes of representing or reproducing words in visible form;"public meeting" means a meeting consisting of ten or more persons held in a public place;"public place" means a place to which for the time being the public, or any section of the public, is entitled or permitted to have access, whether on payment or otherwise;"register of voters" means the register of voters for a constituency, and where applicable includes a supplementary register of voters, and "registration" and its grammatical variations shall be construed accordingly;"registered voter" means a voter whose name appears on the register of voters;"returning officer" means a returning officer appointed under section 26(1);"speaking apparatus" means an apparatus adapted or constructed for the amplification or reproduction of the human voice;"special constable" has the same meaning as is assigned to it in section 1 of the Police Proclamation (Cap. 93);"supplementary register of voters" means any register of voters compiled after a general register of voters is printed in accordance with section 20 and before such supplementary register is incorporated into the general register in terms of section 11(3);"supporter" means a person referred to in section 28(2) other than a candidate;"symbol" means a symbol allotted under section 30 to a candidate or any reproduction thereof;"tendered ballot paper" means a ballot paper referred to in section 57(2);"valuable consideration" includes any office, place of employment, valuable security or other equivalent for money or pecuniary reward;"voter" means a person whose name is on a register of voters.Part II – Registration of voters
3. Appointment and general duties of certain officers
4. Preparation of register of voters
5. Holding of public meetings for registration of voters
6. Application for registration not made at public meetings
7. Form of application and how to be completed
8. Application transmitted free of charge
Notwithstanding anything in any law, all applications or any documents related thereto if marked "election documents" shall be transmitted by post free of charge.9. In which constituency voter to be registered
10. Consideration of application not made at public meeting
11. Particulars shown in register of voters
12. Alteration of name or registration as result of permanent change of residence
13. Returns by registrars of births and deaths
14. Amendment of register of voters by electoral officer
15. How register of voters amended
Whenever the electoral officer has decided to remove the name of any person from, or to restore or add the name of any person to, any register of votes, or to correct any mistake or supply any omission therein, he shall make the requisite alteration in ink in his official copy of the register and, in the case of a removal, restoration or addition, shall clearly indicate the same and state the reason for the alteration opposite to the name removed, restored or added.16. Copy of register of voters to be kept for inspection
17. Objection
18. Appeals
19. Statement of case for decision by judge
20. When register of voters to be printed
The register of voters as prepared and amended from time to time in accordance with this Act, shall be printed not later than one month before every election held in accordance with section 61 of the Constitution:Provided that in the case of an election under sub-section (2) of that section it shall only be necessary to print a register of the constituency concerned.21. Copies of printed register
As soon as a register of voters for any constituency has been printed, any person shall be entitled to obtain a reasonable number of copies of that register on payment of such charges and subject to such conditions as may be prescribed.22. Comparison of register of voters by chief electoral officer
23. Powers of electoral officer
An electoral officer may by notice in writing at any time require any person whether registered or not, to furnish on the prescribed form or otherwise, and in the manner and within the period (not being less than ten days) specified in that notice, such particulars as may be prescribed or as the electoral officer may specify in the notice as to the identity, age, nationality, qualification by residence, or any other matter relevant to the registration of such person or of any other person.24. Register of voters not invalidated by reason of error
If through accident, inadvertence, or oversight, anything required by law to be done in the preparation of any register of voters is erroneously done or omitted to be done, the register of voters shall not be invalidated thereby, and the chief electoral officer may take or cause to be taken such steps as are necessary to rectify the error or omission.25. Offences and penalties
Any person who—Part III – Elections
26 Appointment of returning and other election officers
27. Writ of election
28. Nomination of candidate and deposit
29. Decision as to validity of nomination paper
30. Use of symbols for identification purposes
31. Withdrawal of candidature
32. Disposal of deposit
33. Uncontested elections
34. Contested elections
35. Polling divisions and polling stations
36. Power to adjourn polling day in event of emergency
37. Death of candidate
38. Printing of ordinary and tendered ballot papers
39. Requisition of building for polling station
40. Candidate’s agents and messenger
41. Furniture for polling stations
The returning officer shall ensure that the following furniture is provided at each polling station before the day of the poll—42. Forms, stationery and equipment for polling stations
43. Official mark and instrument
44. Ballot boxes
A ballot box, which shall be provided with a lock or other device for securing it when closed, shall be so constructed that ballot papers cannot be removed therefrom without opening the lid which shall be attached by hinges and have an aperture of sufficient size to permit of the introduction of ballot papers into the ballot box.45. Declaration of secrecy
46. Notices at polling station
47. Admission to polling stations
48. Right to enter polling booth
Subject to sections 50(3) and 58 no person other than a voter desirous of voting shall enter a polling booth during the hours of polling, and in no case shall more than one voter be in a polling booth at the same time.49. Presiding officer’s duties
50. Polling booth
51. Sealing of ballot boxes before commencement of poll
52. Assistance to voters by election officer
Except as provided in this Act the presiding officer or polling officers shall not give any assistance or explanation to a voter beyond—53. Interference with voter
54. Questions to voter
55. Circumstances under which ballot paper may be refused by presiding officer
56. Issue of ordinary ballot papers
57. Issue of tendered ballot papers
58. Marking of ballot paper
59. Disposal of marked ballot paper
60. Marking of ballot paper by presiding officer
61. Spoilt ballot paper
62. Close of poll and making up of election material
63. Procedure if poll on more than one day
64. Adjournment of poll in case of riot
65. Delivery of election material to returning officer
The ballot boxes, the envelope in the approved form No. 33 containing the official seal and the parcel under label in the approved form No. 32 containing the other election material shall be delivered to the returning officer personally or by a person deputed for the purpose by the presiding officer:Provided that it shall be sufficient for a presiding officer referred to in section 35(5) to forward such ballot boxes, envelope and parcel forthwith by diplomatic bag to the returning officer.66. Receipt of election material by returning officer
The returning officer shall receive into his custody the ballot boxes and other election material mentioned in section 65 and shall, as soon as practicable after he has received all the ballot boxes and other election material, make arrangements for counting the votes given at the election and for that purpose shall give notice in writing to each candidate or his election agent of the time when and the place where those votes will be counted.67. Persons allowed inside place of counting
The returning officer shall be in charge of the place where the counting of votes takes place and no person shall be admitted thereto by him, except the chief electoral officer, the electoral officers, the counting officers, the candidates and one election agent for each candidate:Provided that the presiding officers or their deputies shall be admitted for the purpose of delivering the ballot boxes and other election material.68. Requisites at counting
The returning officer shall take with him into the place where the counting of votes is to take place—69. Checking of election material
70. Counting of votes
71. Dealing with doubtful ballot papers
The counting officer shall put aside for the decision of the returning officer all ballot papers—72. Returning officer’s decision on doubtful ballot paper
Subject to section 73, the returning officer shall, with such candidates or their agents as may desire to do so, scrutinize a ballot paper put aside for his decision, and shall, after considering any objections or arguments put forward in connexion therewith by any candidate or his agent, decide—73. Rejection or acceptance of ballot papers
74. Declaration of result
75. Publication of name of successful candidate
As soon as the chief electoral officer has received an endorsed writ in accordance with section 33(1) and section 74(2) he shall forward it to the Minister and shall publish in the Gazette the result of the election and the names of the members so elected.76. Opening of envelopes and other action by returning officer
As soon as possible after the declaration of the result of the poll, the returning officer shall—77. Disposal of election papers
78. Opening or inspection of election papers
79. Disqualification as polling agent
No returning officer or other officer appointed under this Act or a partner or clerk of such officer shall be or act as a polling agent.80. Disqualification as officer
No person shall be appointed to be or to act as an officer for the purposes of this Act in connexion with an election who has been employed by or on behalf of a candidate in or about the election.81. Candidate’s powers
82. Non-attendance of agent
Where in this Act an act or thing is required or authorized to be done in the presence of an agent of a candidate the non-attendance of any agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.83. Secrecy of voting
No person shall, in any proceedings relating to an election, be required to disclose for whom he has voted.84. Impartiality of election officers
The electoral officers, returning officers, presiding officers, polling officers and counting officers shall maintain the strictest impartiality in the discharge of their duties, and shall not, by anything in their speech or manner, give cause for imputing or suspecting the contrary.85. Penalty for interference with election proceedings
A person who wilfully interrupts, obstructs, disturbs, or interferes with any proceedings relating to the conduct of a poll or the counting of votes shall be guilty of an offence and liable on conviction to a fine of one hundred rand or, in default of payment thereof, imprisonment for three months.86. Penalty for infringement of secrecy
87. Offences relating to ballot papers and other documents
Part IV – Corrupt practices and other offences
88. Treating
89. Undue influence
90. Bribery
91. Personation
92. Penalties for corrupt and illegal practices
93. Meetings on premises where liquor usually sold
94. Penalty in respect of certain employment
95. Penalty for employer not allowing employee reasonable period for voting
96. Prohibition of flags, speaking apparatus and sale of intoxicating liquor
Part V – General
97. Inaccurate description of person or place
No misnomer or inaccurate description of a person or place named or described in a register of voters, notice or other document prepared or issued under or for the purposes of this Act, shall in any way affect the operation of this Act in relation to that person or place if such person or place is so designated in the register, notice or document as to be identifiable.98. Defacement of notice
A person who without lawful authority destroys, mutilates, defaces or removes a notice which is exhibited under the authority of this Act, or a document which is made available for inspection in accordance with this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty rand or, in default of payment thereof, to imprisonment for six weeks.99. Variation of period
100. Approval of forms, and official seal (First Schedule)
101. Registration of symbols
102. Amendment of Act No. 16 of 1968
The Parliament (Petitions) Act, No. 16 of 1968, is hereby amended by replacing—103. Repeal
The Electoral Provisions Regulations, 1966, published under Legal Notice No. 56 of 1966, and the House of Assembly (Elections) Regulations, 1967, published under Legal Notice No. 11 of 1967, are hereby repealed.History of this document
01 December 1998 this version
Consolidation
21 May 1971
Commenced
13 May 1971
Assented to
Documents citing this one 3
Gazette 1
1. | Swaziland Government Gazette dated 2013-07-26 number 91 |
Judgment 1
1. | Makhubu and Chief Electoral Officer and Others [2003] SZHC 114 (5 December 2003) |
Legislation 1
1. | Parliament (Petitions) Act, 1968 | 9 citations |