30 Mar 2023

The proposed amendments to the Electoral Act will help improve the electoral process by ensuring the impartiality and neutrality of registration and election officers under Section 4 (3) as proposed in clause 2 of the Electoral (Amendment) Bill 2023.

Tabling the Electoral (Amendment) Bill 2023 (Bill No. 6 of 2023) before Parliament on Wednesday, the Minister of State President, Mr Kabo Morwaeng said the amendments would enable accurate and

secure registration of voters by electronic means under section 7 in clause 3. 

The amendment Bill proposes to introduce publication of an existing voters roll on electronic media including the Independent Electoral Commission website, he said.

He said the Electoral Act consolidated certain laws in relation to the elections of the National Assembly and Councils. The act further prescribed qualifications and registration of voters as well as the conduct of such elections and for other purposes in relation to elections.

In the past, Mr Morwaeng said the IEC Secretary received proposals from various quarters through consultative workshops after general elections on how to improve the electoral processes hence the amendment to improve the electoral process to enhance the credibility of future elections.

Minister Morwaeng said the Bill would further amend section 48 (2) to remove the need for ballot papers to be embargoed as it had proved to be difficult to do such with printing machines.

The proposed provision, he said would allow for ballot papers to be marked with an official mark which shall be in the form to be determined by the IEC.  

“Clause 8 of the Bill amends Section 54 of the Act by introducing a prohibition against entry into polling booths by voters, with any electronic devices such as cell phones,” he said.  

In order to improve cost recovery in election processes and management, Mr Morwaeng said the amounts in Section 36 (1) had increased from P500 to P1 000 and from P100 to P200 respectively. The amendments, he added were made to various sections of the Electoral Act to introduce severe and higher penalties on different election offences as a deterrent against committal of such offences. 

He said, “Clause 9 amends Sections 66, 113 and 114 of the Electoral Act by adjusting the P2 000 fines for specific offences under the Electoral Act to P7 500. The fine is for the offences of disturbing or disrupting the counting of votes, for committing election day offences and for disorderliness at political meetings held in any constituency after the publication of notices of nomination of candidates.” 

Mr Morwaeng said the adjusted fines would cover offences committed during Election Day such as disrupting the counting of votes, disorderliness at political meetings held in any constituency after the publication of notices of nomination of candidates.

Furthermore, he said ‘Clause 10 amends Sections 87, 88, 95, 99, 103 and 126 of the Electoral Act by adjusting the P400 fines appearing therein to P7 500. This is also done to align with the 2-year imprisonment term provided as an alternative to the fine.’

The bill also sought to amend Section 115 of the Act by increasing the P200 fine to P7 500 for the offence of failure to provide the name and address of the printer and publisher of a billboard, placard, poster and pamphlet, circular or other printed material having reference to an election. 

He said section 142 would also be amended by adjusting the P200 fine to P500 to align it with the one month imprisonment term provided for as an alternative to the fine for defacing any notice issued under the Act. “The bill also seeks to amend Section 146 of the Act by adjusting the P1 000 fine to P5 000 in line with the gravity of offences in relation to voter registration cards,” he said.

The bill, he said was also seeking to amend section 147 by adjusting the P400 fine to P1 000 in line with the two-year prison term provided as an alternative to a fine for offences relating to nomination papers, ballot papers and ballot boxes.

He said section 148 of the Act will also be amended by adjusting the P1 000 to P2 000 to increase penalties for offences related to dereliction of duty by election officers, while Section 149 fine adjustment would be from P100 fine to P5 000. 

Mr Morwaeng said the proposed amendment was meant to deter committal of offences relating to violation of the secrecy of the ballots. ENDS