Electoral Act 24 of 1992

ELECTIONSELECTORAL ACT 24 OF 1992

[ASSENTED TO 28 AUGUST 1992] [DATE OF COMMENCEMENT: 31 AUGUST 1992]

(Signed by the President)

as amended by

Electoral Amendment Act 23 of 1994Local Authorities Amendment Act 3 of 1997Electoral Amendment Act 30 of 1998(as amended by the Electoral Amendment Act 11 of 1999)Electoral Amendment Act 19 of 1999Electoral Amendment Act 20 of 2002Electoral Amendment Act 7 of 2003

NB. Section 15 of the Electoral Amendment Act 30 of 1998 provides that the word"officer", wherever it occurs in this Act and if it refers to a person employed by thePublic Service in any capacity, shall be substituted by the expression "staff member".Please note that this amendment has not been made or annotated as it is not clear from the context whether the "officer" referred to in each instance is a member of thePublic Service.ACTTo provide for the election of persons to the office of President, as members of theNational Assembly, regional councils and local authority councils; the establishmentof an electoral commission and its powers, duties and functions; the registration of voters and of political parties; the conduct of such elections; and to provide for matters incidental thereto.

ARRANGEMENT OF SECTIONSPART IINTRODUCTORY PROVISIONS

1Definitions2Application of Act

PART IIELECTORAL COMMISSION

3Establishment of Electoral Commission4Duties and functions of Commission5Constitution of the Commission and establishment of the Selection Committee6Committees of Commission7Term of office and conditions of service of members of Commission8Vacation of office and filling of vacancies9Meetings of Commission and decisions10Reports by Commission11Establishment of Directorate of Elections and appointment of Director 12......

PART IIIREGISTRATION OF VOTERS

13Persons entitled to register as voters14Appointment of supervisors of registration, registration officers and assistants15General registration of voters16Application for registration as voter 17Rejection of incompleted application form18Refusal to register applicant19Appeal against refusal to register 20Registration of applicant21Preparation and publication of provisional voters' registers22Objections against name of person included in provisional voters' register 23Statement of case for decision by judge24Cancellation of voter registration card invalidated by magistrate's allowing objection

25Replacement of voter registration card26Preparation, certification and publication of voters' registers27Original voters' registers to be kept for inspection by public28Supplementary registration of voters28AContinuous registration of voters29Notification of change in place of residence30Application for registration in another constituency, local authority area, polling district or ward31Information on registered deaths to be furnished to Director 32Amendment of voters' registers33Return or surrender of voter registration cards34Voter to establish that his or her name has been included in voters' registers35......36Voters' registers not invalidated by reason of errors37Adjustment of voters' registers on alteration of constituencies38Powers of Director to demand particulars

PART IVREGISTRATION OF POLITICAL PARTIES

39Registration as political party40Prohibition of registration as political party in certain circumstances41Cancellation of registration of political party42Registration of association or organization for elections of local authority councils43Conduct of political parties44Inspection of documents45Appeal against decision of Commission46Disclosure of foreign financing of political parties47Certain political parties not affected by this Part for purposes of first National Assembly

PART VCONDUCT OF ELECTIONS

Preliminary arrangements

48Publication of proclamations49General elections and by-elections50Determination of days for submission of nominations of candidates and polling days for elections51Appointment of returning officers and other election officers52Agents of political parties and candidates53Declaration of secrecy

Nomination of candidates for presidential elections

54Requirements for nomination as candidate for presidential elections55Submission of nomination as candidate for presidential elections56Duration of session on nomination day57Declaration of candidates duly nominated for election as President58Lack of nomination or death of candidate after nomination

Nomination of candidates for National Assembly elections

59Submission of party lists60Publication of party lists

Nomination of candidates for regional council elections

61Requirements for nomination as candidate for regional council elections62Submission of nomination as candidate for regional council elections63Duration of session on nomination day64Declaration of candidates duly nominated for election as members of regional councils65Death of candidate after nomination66Lack of nomination or de-registration of political party after nomination

Nomination of candidates for local authority council elections

67Requirements for nomination as candidate for local authority council elections68Submission of party lists69......70......71......72......

General provisions relating to conduct of elections

73Polling stations

74Provision of equipment75Polling booths76Ballot box77Commencement and closing of poll at polling stations78Powers of presiding officers at polling stations

Voting at polling stations

79Franchise80Place of voting81Voting to be by secret ballot82Manner of voting at elections82AVoting process at elections held simultaneously83Spoilt ballot papers84Assistance to voters85Closing of poll, sealing of ballot boxes and packets and ballot paper accounts

Determination of result of poll and announcement of result of election

86Notice of place and time of determination of result of poll87Verification of ballot paper accounts by returning officer and counting of votes recorded at polling stations87AVerification and counting of tendered votes cast at polling stations outside Namibia88Determination and announcement of result in Presidential elections89Determination and announcement of result in National Assembly elections90Determination and announcement of result in regional council elections91Determination and announcement of result in local authority council elections92Publication of result of elections93Sealing and safe-keeping of election material94Verification of elections by Director 95Immaterial mistakes not to affect validity of elections

PART VIOFFENCES AND PENALTIES

Registration of voters

96Offences in connection with registration of voters

Nomination of candidates

97Offences in connection with nomination of candidates

Political parties

98Offences in connection with foreign financing of political parties

Voting procedures and polling stations

99Neglect of duty100Infringement of secrecy101Disturbance of proceedings and obstruction of officers102Offences in connection with voting, polling stations and equipment

Corrupt and illegal practices

103Meaning of corrupt and illegal practices in Act104Undue influence105Bribery106Impersonation107Corrupt procurement or withdrawal of candidature108Treating

PART VIIELECTION APPLICATIONS

109Powers of High Court in relation to election applications110Presentation of election applications111List of election applications112Persons who may present election applications113Service of applications114Joinder of co-applicant115Election applications to be in prescribed form116Trial of applications117Transmission of statement and evidence to Prosecutor-General118Witnesses119Withdrawal of applications