Electoral Act 5 of 2014
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Electoral Act 5 of 2014 (GG 5583) brought into force, with the exception of section 97(3) and (4), on 17 October 2014 by GN 208/2014 (GG 5593); section 97(3) and (4) were brought into force on 21 March 2020 by GN 85/2020 (GG 7149) ACT To provide for the establishment and constitution of the Electoral Commission of Namibia and its powers and functions; to provide for the registration of voters, nomination of candidates, conduct of the election of persons to the office of President, conduct of the election of members of the National Assembly, conduct of the election of members of regional councils and local authority councils; to provide for the holding of referenda; to provide for the registration and deregistration of political parties and the funding of political parties and organizations; to provide for the establishment of electoral tribunals and the Electoral Court and their powers and functions; and to provide for incidental matters. (Signed by the President on 19 September 2014) BE IT ENACTED as passed by the Parliament, and assented to by the President, of the Republic of Namibia as follows: [The statement above normally appears below the ARRANGEMENT OF SECTIONS, but it appears above the ARRANGEMENT OF SECTIONS in the Government Gazette publishing this Act.] ARRANGEMENT OF SECTIONS CHAPTER 1 INTRODUCTORY PROVISIONS 1. Definitions and interpretation CHAPTER 2 ELECTORAL COMMISSION OF NAMIBIA Republic of Namibia 2 Annotated Statutes Electoral Act 5 of 2014 2. Continued existence of Electoral Commission 3. Objectives of Commission 4. Powers and functions of Commission 5. Establishment, constitution and meetings of Selection Committee 6. Constitution of Commission and appointment of members of Commission 7. Qualifications of and criteria for appointment as member of the Commission 8. Conduct of members of Commission and disclosure of interest 9. Oath or affirmation of office by members of Commission 10. Term of office of members of Commission 11. Vacation of office of members of Commission and filling of vacancies 12. Meetings of Commission and decisions 13. Committees 14. Conduct of members of committees and disclosure of interest 15. Reports by Commission and furnishing of information and particulars 16. Continued existence of Directorate of Elections 17. Appointment of Chief Electoral and Referenda Officer 18. Appointment of directors and other staff members 19. Establishment of regional offices and constituency offices 20. Payment of remuneration, other benefits and expenses and conditions of service CHAPTER 3 ELECTIONS AND REFERENDA PART 1 APPLICATION OF THIS CHAPTER 21. Application of this Chapter PART 2 REGISTRATION OF VOTERS 22. Persons entitled to register as voters 23. Registration of persons temporarily outside Namibia 24. Appointment of supervisors of registration, registration officers and assistants 25. General registration of voters 26. Application for registration as voter 27. Rejection of incomplete application form 28. Refusal to register applicant 29. Appeal against refusal to register applicant 30. Registration of applicant 31. Preparation and publication of provisional voters’ registers 32. Objections against name of person included in provisional voters’ register 33. Statement of case for decision by Electoral Court 34. Cancellation of voter registration card invalidated by electoral tribunal allowing objection 35. Replacement of voter registration card 36. Preparation, certification and publication of voters’ registers 37. Voters’ registers to be kept for inspection by public 38. Supplementary registration of voters 39. Continuous registration of voters 40. Notification of change in place of residence 41. Application for registration in another constituency or local authority area 42. Information on registered deaths to be furnished to Chief Electoral Officer 43. Amendment of voters’ registers 44. Return or surrender of voter registration cards Republic of Namibia 3 Annotated Statutes Electoral Act 5 of 2014 45. Voter to establish that his or her name has been included in voters’ registers 46. Voters’ registers not invalidated by reason of errors 47. Adjustment of voters’ registers on alteration of constituencies 48. Powers of Chief Electoral Officer to demand particulars PART 3 VOTER AND CIVIC EDUCATION 49. Voter and civic education 50. Establishment of division of voter and civic education 51. Accreditation of persons providing voter and civic education 52. Code of Conduct Governing Persons Accredited to Provide Voter and Civic Education 53. Contravention of or failure to comply with conditions of accreditation or Code of Conduct Governing Persons Accredited to Provide Voter and Civic Education 54. Voter and civic education by registered political parties and registered organisations PART 4 OBSERVERS 55. Invitation of observers and electoral observer mission by Commission 56. Accreditation of observers 57. Code of Conduct Governing Accreditation to Observe Election and Persons Accredited as Observers 58. Powers and functions of accredited observers 59. Contravention of or failure to comply with conditions of accreditation or Code of Conduct Governing Accreditation to Observe Elections and Persons Accredited as Observers 60. Behaviour rules for observers 61. Training of observers 62. Report by observer PART 5 CONDUCT OF ELECTIONS Subpart 1 Preliminary arrangements 63. General elections and by-elections 64. Determination of days for submission of nominations of candidates and polling days for elections 65. Appointment of returning officers and other election officers 66. Election agents of registered political parties and registered organisations and candidates 67. Counting agents of registered political parties and registered organisations and candidates 68. Code of Conduct for Election Agents and Counting Agents and other behaviour rules for election agents and counting agents 69. Training of elections agents and counting agents 70. Report by chief regional officer on performance of election agents and counting agents 71. Oath or affirmation of secrecy Subpart 2 Nomination of candidates for presidential elections 72. Requirements for nomination as candidate for presidential elections 73. Submission of nomination as candidate for presidential elections 74. Duration of session on nomination day and consideration of nominations Republic of Namibia 4 Annotated Statutes Electoral Act 5 of 2014 75. Declaration of candidates duly nominated for election as President 76. Lack of nomination or death of candidate after nomination Subpart 3 Nomination of candidates for National Assembly elections 77. Submission of party lists 78. Publication of party lists Subpart 4 Nomination of candidates for regional council elections 79. Requirements for nomination as candidate for regional council elections 80. Submission of nomination as candidate for regional council elections 81. Duration of session on nomination day and consideration of nominations 82. Declaration of candidates duly nominated for election as members of regional councils 83. Death or incapacitation of candidate for regional council elections after nomination 84. Lack of nomination or cancellation of registration of political party after nomination Subpart 5 Nomination of candidates for local authority council elections 85. Requirements for nomination as candidate for local authority council elections 86. Submission of political party and organisation lists 87. Publication of political party and organisation lists 88. Candidate duly nominated to be declared duly elected in certain circumstances Subpart 6 General provisions relating to conduct of elections 89. Polling stations 90. Provision of equipment 91. Polling booths 92. Ballot boxes 93. Commencement and closing of poll at polling stations 94. Powers of presiding officers and other officers at polling stations Subpart 7 Voting at polling stations 95. Franchise 96. Enabling of voters to vote in election 97. Voting machines in elections 98. Place of voting 99. Voting to be by secret ballot 100. Manner of voting in elections 101. Voting process in elections held simultaneously 102. Spoilt ballot papers 103. Assistance to voters 104. Closing of poll in election at polling stations in or outside Namibia and sealing of ballot boxes and voting machines 105. Counting of votes and sealing of packets and ballot boxes, counted results of poll in case of voting machines, packets and ballot paper accounts [The second use of the word “packets” does not appear in the heading of section 105 in the text of the Act.] Republic of Namibia 5 Annotated Statutes Electoral Act 5 of 2014 106. Verification of outcome of voting at polling stations Subpart 8 Determination of result of poll and announcement of result of election 107. Absence of counting agents during verification of election 108. Verification of ballot paper and voting machine accounts at collation centre 109. Determination and announcement of result in Presidential elections 110. Determination and announcement of result in National Assembly elections 111. Determination and announcement of result in regional council elections 112. Determination and announcement of result in local authority council elections 113. Publication of result of elections 114. Safekeeping of election materials 115. Immaterial mistakes not to affect validity of elections 116. Assessment of electoral process PART 6 HOLDING OF REFERENDA Subpart 1 Commission and staff members to conduct referenda 117. Commission to direct, supervise and conduct referendum 118. Chief Electoral Officer,