Candidate Nomination Legal Requirements

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Candidate NominationLegal Requirements
Administrative Procedures

• Local Government Elections 2005/2006

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Programme

• Types of elections
• Eligibility for nomination
• Requirements for contesting PR elections
• Non-compliance notices
• Requirements for contesting ward elections
• Election deposits
• Gender representation

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Types of Elections

• Ward elections
• Contested by
• - independent candidates
• - party candidates
• Proportional representation (PR) elections
• Contested only by candidates endorsed to
  represent registered political parties

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Eligibility for Nomination

• Section 158 of the Constitution
• Section 21(1) of the Municipal Structures Act
  (MSA) 1998
• Persons registered in the municipality in which
  they wish to stand as candidates

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Contesting PR Elections

• Party registered with the Electoral Commission
• Submission of party list with names of candidates
  to local EC representative
• Meet deadline stipulated on election timetable
  for submission of party lists

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Supporting Documents

• A notice of intention to contest
• A party list
• A prescribed acceptance of nomination signed by
  each party candidate
• A certified copy of the page of the candidates
  identity document on which the candidates photo,
  name and ID number appear
• The prescribed election deposit paid by BANK
  guaranteed cheque

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Non-compliance

• Omission of documents
• Party notified in writing AND
• Allowed to submit outstanding documents not later
  than stated date on election timetable
• Failure to adhere to requirements
• Remove names of candidates from party list

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Contesting Ward Elections

• Maybe contested by
• Independent ward candidates
• Party ward candidates

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Independent Ward Candidates

• Nominated by a person
• Who is ordinarily resident in that municipality
  AND
• Registered as a voter for that municipality

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Supporting Documents

• A prescribed form with signatures of at least 50
  voters whose names appear on the voters roll of
  any of the voting districts in the ward in which
  the independent is standing
• A prescribed acceptance of nomination signed by
  the candidate
• A certified copy of the page of the candidates
  identity document on which the candidates photo,
  name and ID number appear
• The prescribed election deposit paid by means of
  a bank guaranteed cheque

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Party Ward Candidates

• Parties must submit
• A prescribed acceptance of nomination form signed
  by the ward candidate
• A certified copy of the page of the candidates
  identity document on which the candidates photo,
  name and ID number appear
• The prescribed election deposit

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There is no compliance period afforded to ALL
ward candidates.
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Death of a candidate does warrant a replacement

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Election Deposits

• R3 000 in an election in a metro (PR ward
  candidates of a party)
• R2 000 in an election in local council with wards
  (PR and ward candidates of a party)
• R1 000 in an election in a local council without
  wards (PR candidates) and in an election in a
  district council (DC)
• R500 with respect to a party ward candidate if
  the party is not contesting PR election
• R500 for an independent ward candidate

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Calculation of Election Deposits
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Payment Process

• Central payment
• Reimbursement process central
• Parties contesting at local level to pay at each
  municipality where contesting the election
• Correct and completed bank details to be
  submitted by parties that qualify for refunds to
  MEO office

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Challenges

• Incorrectly numbered party lists
• Incomplete supporting documents
• Candidates insisting on names not recorded with
  DHA
• Non-submission of authorised party officials to
  manage nomination process
• Candidates not on the appropriate segment of
  voters roll
• Incorrect bank details

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Gender Representation

• Role of Women
• Every party and every candidate must
• - facilitate the full and equal
• participation of women in political
• activities
• - take reasonable steps to ensure that
• women are free to engage in any
• political activity

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Political space belongs to all citizens but
men monopolise it Human Rights Report, UNDP
1995
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Gender Representation Ward Seats
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Gender Imbalances

• Indication of slow advancement of womens
  visibility in political arena
• Constraints faced by women to enter the political
  sphere
• Glaring imbalances more pronounced on the
  different election types

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Thank-you