§ Electoral Act s. 83General provisions concerning appointment of institutions

( 1) In
this section,
“institution” means an institution appointed by the chief electoral officer in terms of section
80.
(2) (a) An institution and its employees exercise the powers and perform the duties
assigned to the institution subject to the directions, control and discipline of the chief electoral
officer.
( b ) The chief electoral officer must determine in writing the terms and conditions of
appointment of aninstitution, including(i) the services, facilities and employees to be made available to the Commission
by that institution;
(ii) the powers and duties assigned to that institution; and
(iii) any remuneration payable to that institution.
(3) The assignment of a power or duty to an institution does not prevent the chief
electoral officer from exercising that power or performing that duty.
(4) An institution must ensure that an employee of that institution who exercises a
power or performs a duty in terms of this Act is not(a)
a candidate contesting that election;
(b)
an agent in that election; or
(c)
holds political office in a registered party.
(5) An institution may not be appointed unless that institution, and each of its employees who will exercise powers and perform duties in terms of this Act, have signed the prescribedundertaking,whichmust
include anundertaking to be bound by a declaration of
secrecy.
(6) Every institution must ensure that it, and its employees, exercise their powers and
perform their duties impartially and independently and without fear, favouror prejudice.
(7) Aninstitution, and eachof its employees who exercises powers and performs
duties in terms of this Act, may not, whether directly or indirectly, in any manner give support
to, or oppose, any registered party or candidate contesting an election, or any of the issues in
contention between parties or candidates.
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STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS
EIect~rn!Act, -Ne 73 of1 998
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SS. 83 - 84
(8) An institution, and each of its employees who exercises powers and performs
duties in terms of this Act, may not place in jeopardy their perceived independence, or harm
the credibility, impartiality, independence or integrity of the Commission, by any membership,
association, statement or conduct.
(9) An institution and its employees are not liable for any loss suffered by any person
as a result of any act performed or omitted in good faith in the exercise of any power or the
performance of a dutyin terms of this Act.
(10) The chief electoral officer may revoke the appointment of an institution on
account of that institution’s-
(a)
incapacity or incompetence;
(6)
bias; or
(c)
failure to adequately discipline and control its employees exercising any powers
or performing any duties in terms of this Act.
(1 1) An institution must immediately terminate an employee’s exercise of any power
or performance of any duty in terms of this Act on account of that ernployee’s(a)
misconduct, incompetence or incapacity;
(6)
absence from duty without leave of the chief electoral officer;
(c)
bias;
(4
material contravention of this section;
(e)
material contravention of the declaration of secrecy; or
(f)
conduct which is not conducive to free and fair elections.
(12) No appeal may be brought against a decision by the chief electoral officer to
appoint an institution, or to revoke the appointment of an institution.
(13) An institution may terminate its appointment by giving two calendar months’
notice in writing to the chief electoral officer.
(14) The chief electoral officer may appoint, in accordance with this Part, another institution in the place of an institution whose appointment has been revoked or terminated.
Part 5: Accreditation of observers andpersons providingvoter education