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City of Johannesburg Stad Johannesburg NON-EUROPEAN AFFAIRS DEPARTMENT DEPARTEMENT VAN NIE-EUROPEANESAKE f f i ne } 33-3322-4 Kindly address all communications to the Manager. Adresseer asb. alle mededelings aan die Bestuurder. Ref No. ....... M •.... Af Verwysno. CONFIDENTIAL 409/512, His Majesty's Buildings/Gebou, Eloff St., P.O. Box PQQO Posbus So&Z, JOHANNESBURG. 13th January, 19-45. J.D. Rheinallt Jones, Esq., Institute of Race Relations, P.O. Box 97, JOHANNESBURG. Dear Mr. Rheinallt Jones, NATIVE LOCATION REGULATIONS. I enclose for your confidential information copy of draft Native Location Regulations which I propose, in due course, submitting for the consideration of the Johannesburg Native Advisory Boards. Before doing so, it occurred to me that it might be helpful to enlist your co-operation and help in meeting and discussing these draft regulations with me. I suggest meeting together at this office at 10 a.m. on Wednesday the 21st February, 19-45 for this purpose. Should it not be possible for you to attend, any written comments you may care to forward will be welcome. Yours sincerely, Re«eiv®i .. for Alien ti*» . RecsreW .. Ackriov. te-: « mi . Answered. L.fcrire«A£LES. MANAGER. LIV/JS
Transcript
Page 1: City of Stad Johannesburg - Historical Papers, Wits University€¦ · Johannesburg Stad Johannesburg NON-EUROPEAN AFFAIRS DEPARTMENT DEPARTEMENT VAN NIE ... assistants who may from

City of Johannesburg

StadJohannesburg

NON-EUROPEAN AFFAIRS DEPARTMENT

DEPARTEMENT VAN NIE-EUROPEANESAKE

f f i ne } 3 3 -3 3 2 2 -4Kindly address all communications to the Manager. Adresseer asb. alle mededelings aan die Bestuurder.

Ref No. .......M •....A fVerwysno.

CONFIDENTIAL409/512, His Majesty's Buildings/Gebou,

Eloff St.,P.O. Box PQQO Posbus So&Z,

JOHANNESBURG.

13th January, 19-45.J.D. Rheinallt Jones, Esq.,Institute of Race Relations,P.O. Box 97,JOHANNESBURG.Dear Mr. Rheinallt Jones,

NATIVE LOCATION REGULATIONS.I enclose for your confidential information copy of

draft Native Location Regulations which I propose, in due course, submitting for the consideration of the Johannesburg Native Advisory Boards.

Before doing so, it occurred to me that it might be helpful to enlist your co-operation and help in meeting and discussing these draft regulations with me.

I suggest meeting together at this office at 10 a.m. on Wednesday the 21st February, 19-45 for this purpose. Should it not be possible for you to attend, any written comments you may care to forward will be welcome.

Yours sincerely,Re«eiv®i ..fo r Alien ti*» .

RecsreW..Ackriov. te-: « m i .

Answered. L.fcrire«A£LES.M A N A G E R .

LIV/JS

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PART XVII - NATIVE ADMINISTRATION.REGULATIONS.

Chapter 1 - General.

Definitions, : For the purposes of these regulations, unless the context indicates otherwise;-

'• Appropriate Committee" shall mean that Committee of the Council to which all questions relating to locations, native villages and native hostels have been delegated by the Council."Council'’ shall mean the City Council of Johannesburg."Manager'' shall mean the person for the time being lawfully acting in the capacity of Manager of the Non-Euronean Affairs Department of the Council.

"Member" shall mean a member of the Native Advisory Board.

"Registered occupier" shall mean a person to whom a residential permit has been issued.

"Superintendent" shall mean any officer or his authorised assistants who may from time to time be appointed by the Council to supervise or control any location, native village or native hostel.

"These regulations" shall mean this Part of the by-laws and regulations of the Council.

Entry on and presence in location, etc.

(a) No person shall enter or be or remain in any location, native village or native hostel without a written permit under the hand of the Manager or of some person duly authorised thereto by the Manager.

(b) Any person found within a location, native village or native hostel without such written permit shall forthwith depart there­from on being ordered by the superintendent to leave such place.(c) Any person failing, neglecting or refusing to obey such order or having obeyed such order who again enters or is found in such location, native village or native hostel without a written permit shall be guilty of an offence under these regulations.(d) .Upon conviction of a contravention of this section the Court may, in addition to any other ,penalty, order such person to remove from such location, native village or native hostel.(e) The provisions of this section shall not apply toV s (i) Any [person authorised by law to reside in ^

f— any location, niativs village or native hostel.l(ii) Any member of the South African Police in the

lawful execution of his *duty.(iii) Any medical practitioner or a minister of

religion recognised by the Government in the , lawful following of his profession.

(iv) Any person by law or lawful authority required to enter, be or remain in any location, native village or hostel.

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£M£Qlshipg_of name and address. Any person found in a location, native village or native hostel who shall on demand fail or r^ use the superintendent with his full name andaddress shall be guilty of an offence under these regulations.

HP.try by authorised means onlv. No person shall

(a) enter any location, native village or native hostel other than by one of the entrances provided by the Council for such purpose.

climb over or through any fence, closed gate or wall enclosing a location, native village or native hostel.

—_ fences , gates and walls. No personshall damage or remove toiy fence, gate or wall enclosing or within a location, native village or native hostel without the authority of the Council thereto.

Vehicles.

(a) The driver of any vehicle desiring to enter any location, native village or native hostel shall stop such vehicle at the entrance gates thereof and shall satisfy the gate keeper on fluty of his right to enter and to introduce such goods and passengers as may be in such vehicle into the location, native village or native hostel.

(b) Any person who abandons or leaves anv vehicle in his" charge or permits sjiy such vehicle when not in use to starrd in ?r °:P.any street, sidewalk, lane or other place to which the inhabitants of the location or native village have access or in any place in a native hostel not authorised therefor mayoe oraerea by the superintendent forthwith to remove such vehicle. *

(c) Any person who fails or refuses to comply with any order issued by the superintendent in terms of sub-section (b) hereof shall be guilty of an offence under these regulations.

j/utjes of gate keeper. No gate keeper on duty at any location, native village or native hostel shall permit any person, who fails or refuses to satisfy him of his right to enter thereon, to enter such location, village or hostel.

Eallure to -pay dues, eto.

(a) No person shall fail without just cause or reason to pay any sum to the Council for which he is liable under these regulations within one month from the date on which it becomes due and payable.

(h) The Court convicting any person of a contravention of sub-secuion (a) hereof may, in addition to any other penalty, oraer such person to depart from the location, native village or native hostel as the case may be and to cease residence or occupation therein within a specified time.

M.lure to comply with regulations or anv notice issued thereunde r Any person contravening or failing to coniply with any of the provisions of these regulations and any

^ person/.,.

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person failing to comply with the terras of any notice or order served upon him by the Council in terms of these regulations shall be guilty of an offence.

1 0./ Penalties f 0jLi?rj .-che.3 of regulations. Any person convicted of an ^ ofrence against or a contravention of these regulations shall be

liable on .first conviction to a fine not exceeding ten pounds or in default of payment to imprisonment with or without hard*labour for a period not exceeding two months / or to both such fine and im­prisonment or to such imprisonment without the option of a fine, and on a second or subsequent conviction to a fine not exceeding twenty-j. ive pounds or in default of payment to imprisonment with or without hard labour for a period not exceeding three months, or to both such fine and imprisonment or to such imprisonment'without the option of a fine. 1

11,* j ntry ugon premises. The Manager or any superintendent or ^ other duly authorised servant of the Council may for any ~ purpose connected with the carrying out of these regulations

. at all reasonable times without previous notice enter upon any premises whatsoever take with hin: on to any such premises an interpreter or other assistant and make such examination and inquiry as he may deem necessary.

1 2. Obstruction. Any person who

(a) fails .to give or refuses access- to any official' of the Council duly authorised by these regulations or the Councilto enter upon and inspect any land, dwelling or premises if he requests entrance on any land or premises,

(b) obstructs or hinders such official in the execution of his duties under these regulations,

(c) fails or refuses to give information that he may law­fully be required to give to such official, or

(d) gives to such official false or misleading information knowing it to be false or misleading,

shall be guilty of an offence under these regulations.

/ W -Chapter 2 - Election of Native Advisory Board. General.

x7* For the purposes of this chapter of theseregulations, unless the context indicates otherwise:-"Registered occupier1' shall mean

a

of a a 1°cation native village the headname annp-^c. in a leSally erected dwelling whoseleatlnS' nJf t 1 r‘rcords °f the Council as the oerson for payment “ d-2£ii±i!S as the case may be and liableof a 2 n ‘f™'t th5?5T3rto the Council,, or the holder

^ o<- a p ? ” „ T superintendent authorising his occupation• than d4 Siiiag for a continuous period of not less

name appears in t-ho lncrrusi^e oi the day of election whose name appears in the records of the Council as the registered

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occupier.Constitution of board. For the locations and native villages K under the control and jurisdiction of the Council there shall be established a_Native Advisory Board which shall consist of one representative for each ward elected in the manner here­inafter prescribed.

Wards.

Division of location or native village into Wards. For the purpose of the election of representatives to the Board, a location or native village shall be divided into wards.

Delimitation Scheme.

(a) Immediately on promulgation of these regulations the Manager shall prepare a scheme for determining the boundaries of such wards. *-- -— 1

(b) The boundaries of such wards shall be determined in such a manner that the number of _vcu ers in each ward shall, as faras possible, be equal, but that the number of voters shall not in the case of any such ward be more than 15 per cent aDove or more than 15 per cent below that mean number of voters which represents exact equality, all fractions being disregarded. The provisions of this sub-section shall apply to every subsequent alteration or adjustment under section _twenty-three of this chapter.

jSize of wards. A ward shall consist

(a) in the case of the location or native village of a deiined area containing approximately five hundred (500) voters.

nin kk® case of an area other than a location or nativecontaining approximately one

(a) Notification of every such scheme, inviting objections hereto, shall be published in at least one newspaper cir­culating in the municipality once a week three consecutive weens and by notice conspicuously displayed at the office oi the superintendent for the same period.

(b) Any objection to such scheme shall be lodged with the anager within seven days of termination of such*period ofthree weeks.

(c) The Council shall thereupon consider such scheme ogether with any objections received and may adopt such

scheme with or without such amendments or alterations as it may deem fit.

f— I jUiT^ sc ieme shall come into operation upon a date to be x lxec. by the Council in its resolution adopting such scheme.

vj.j_j.agt; ui a aexinea area hundred (100#) voters.

Adoption of schem

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. - 5 -23. Alteration of wards.

(a) _ Upon a petition presented to it by the .doard or upon its own motion, the Council shall be entitled in respect of any scheme adopted by it :

(i) to increase or decrease the number of wards therein(iij to alter the boundaries of existing wards

Provided, however, that any such alteration may only take effect at the next ensuing election, JUc oSv> vA (Viwyu 2o

(b) ihe provisions of dection twenty-two of this chapter shall mutatis mutandis apply to any such alteration.

«

• Members of the Board.

24- Qualifications» Wo person shall be q lalified to be elected as a member of the Board unless

J , , 1 .vs j ne is a native of the apparent age of thirty (30) years(b) he has continuously resided for at least two (2) yearsin the urban area and is resident in the ward in which he seeks election

(c) in the case of the location he is a registered occupier orin the case of an area other than a location or native village he is a registered owner of immovable property situated in the ward.

25* Disqualifications. Uo person

*r}' (a) whose estate is in liquidation or under assignment in trust ior his creditors

(b) whose estate is sequestrated as insolvent and who has not obtained his rehabilitation

(c) who is of unsound mind declared as such by a competent Court

i t ) any. office or place of profit under or in the gift of(js- the Council or the Board ni’- of jju h ij'frson

; n/ > f) W 10, ias a keen convic ted y i 1111 n a -peFie€i— ef —-ttrree■ yrraTlT~pfi’or to f ni-«. nomin^TnE'TOT1' of any offence in respect of which asentence of impri^onm^nt without the -ofitioa of ar-iFine *or of imprison- mssi-ior a periocfoi^on3 month or-mqp usiwjL Ll'i tl'iu oyflutr off tt f in e . as been imposed or who has been convicted of contraventing section

/ —hundred and .seventeen of chapter 3 of these regulationsohall oe capable of being elected as a member of the Board or con- t m u m g as such.

26. Vacation of office.

(a) Any member who

(i) shall cease to possess the qualifications required by section twenty-four of this chapter

(ii) shall become disqualified under section twenty-five of this chapter

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(iii) dies

* * (iv) le£3££S_ without notice to the Board and perjalasAon of the Manager the ward for which he is elected ior~a continuous' oeriod of -si* weeks or more

(v) fails without leave of the Board to attend three H (3) consecutive meetings of the Board

(vi) resigns his seat by notice in writing delivered to the chairman of the Board iHgnj ' * •

shall ipso facto vacate his office. *1

<, b) In the case of any vacant in the office of member of theOil B?ard. occurring in any marj^^r whatever, such vacancy shall forth-

with be filled in the nprfmer directed by this chapter of these ' regulations. Providgra, however, that where a vacancy occurs \

- within three (3) mp^fths of the expiration of office of the person r) causing the vacaja^y the Council may nominate any other person to

^rr‘. o hold office diH^ing the remainder of such period. // N -Vc; Bvery member about to go out of office at the conclusion of any annual election shall retain office until the declaration referred to in section fifty-five of this chapter and shall there- fu-pon go out of office unless he be a candidate who is declared to be elected a member.

Voters.27* .Qualification of voters. Subject to the disqualifications set out

in section twenty-nine of this chapter, every person who

4 -(a) is a native male over the apparent age of 21 y ears

(b) is a native female over the apparent age of <30 ?years[c ) has been continuously resident within the urban area for a period of not less than six months

(d) is a registered occupier in the case of a location or native village or the registered owner of immovable property or pays rent for and occupies a detached dwelling of not less than two (2) rooms under one roof in an area other than a location or native villageshall be entitled to be enrolled on the voters' roll -for the election of members to the Native Advisory Board: Provided, however, that no person shall at any one time be enrolled on the voters’ roll in more than one ward.

Aho rn y vote. Subject to the provisions of section thirty-six oi this chapter no person whose name does not appear on the voters' roll for the time being in force shall be entitled to vote at any election under these regulations.

iA *29. Dis.qualif 1 c a tl on s. Wo person

(a) of unsound mind declared as such by a competent Court ^iVj’. \ , » 1

who has been convicted within a period of three years'* of any .v offence in respect of which a sentence of imprisonment wajttJiout the

y option of a fine has been imposed

shall oe entitled to be enrolled on the voters' roll or qualified to vote at any election held for members of the Board.

Voters'/..

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% Voters’, Roll.30.' Compilation ,of .roll.

(a) As soon after the promulgation of these regulations as conveniently may be the Council shall cause a list to be made of all persons qualified to be enrolled as voters thereunder.(b) Such list shall be sub-divided into as many parts as there are wards and each part shall show in alphabetical order the full name and residential address of each voter qualified to vote within the ward to which such part refers.

31. Amendments to rqll. Whenever the number of wards have been in-_creased or uecreased or the boundaries thereof altered or otherwise adjusted,, the Council shall as soon as possible thereafter cause such alterations of the voters' roll to be made as may be necessary to show in each part thereof the particulars of voters resident in each ward.

32. Publication of noting. The Council shall, during the months of January in each year, publish a notice once a week lor three con­secutive weeks in at least one newspaper circulating in the urban area calling ior applications from qualified persons for enrolment as voters on the voters' roll: • Provided, however, that no such

__ application shall be necessary in the case of a person whose name is already on such roll.

33. Registering officer.(a) The Council shall appoint one of its officials to be Registering Officer who shall determine all applications for enrolment as voters.

(b) Such Officer may enrol the names of any voters which have been omitted from the voters' roll and strike out the names of all persons not entitled to be enrolled: Provided, however, that

no oerson's name shall De j truck out unless ^wojaays' notice by letter to his last known place of otlSiness or residence shall have been given to such person.no person shall be enrolled as a voter upon such an application made after the thirtieth day of April and before the date of the Annual Election in any year, or in £he case of a by-election after the publication of a notice calling for nominations until such by-election shall have been held.

iii) the non-enrolment of any voter upon an application made shall not invalidate any election held after the date of such application.

34* Registration in ward of residents. Every voter shall be registered in the ward where he resides and shall vote only in such ward: Provided, however, that where any voter has changed his place of residence from one ward to another he may apply for the like transfer of his name on the voters' roll and the provisions of proviso (iij to section thlrty-three of this chapter shall mntatis mqtandis. apply.

35* Roll to .be in force until new one framed. The list when settledand amended in accordance with the provisions of sections thirty-three

(i)

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and* thirty-four of this chapter shall be the voters' roll for the election to be held in the next succeeding month of June and such roll shall be deemed and taken to be the conclusive and only proof of the right of every person enrolled therein to receive a Voting^ Certificate in accordance with the provisions of section thirty-six of this chapter.

Voting certificate.(a) So soon after the thirtieth day of April in each year as the voters' roll has jaeen settled, the Registering officer shall furnish each person whoso name appears thereon as a voter with a voting certificate.(b) Upon production on the day of election of such certificate to the Presiding Officer of the ward in which the holder thereof isegistered, such voter shall be entitled to record one vote for any

candidate offering himself for election in that ward.COvA ^

False statements. Any person who wilfully makes any false state- mint in connection with any application for enrolment as a voter or in connection with the obtaining or presentation on election day of a voting certificate shall be guilty of an offence under these regulations.

Election of Members. ,Annual election of members. There shall be an annual election of members which shall take place on a day to be fixed by the returning officer which day shall be during the third week in the month of June of each and every year for the purpose of(a) electing members to the Board for the ensuing electoral year to replace those retiring from office on account of the expiration of their period of office(b) filling up such casual vacancies as may be required to be filled under the provisions of section forty, of this chapter.

Vacancy. Whenever a vacancy is caused by a member retiri ig or in any other way vacating his' seat, the voters in the ward represented by such member shall elect a member to fill the seat so vacated.

Casual Vacancy.(a) A casual vacancy shall be deemed to be any vacancy except a vacancy caused by the retirement of a member on the expiry of the period of office for which he was elected: Provided, however, that where any member has vacated his seat prior to the expiration of his period of office and such vacancy has not been filled prior to the annual election such vacancy shall be deemed to be a vacancy caused by retirement due to expiration of his period of ofrice.

(b) When and as often as any casual vacancy shall occur in the membership of the Board, the member to be elected to fill such vacancy shall be elected in the manner provided for the election of candidates at the annual election and the provisions of this chapter of these regulations shall mutatis mutandis apply to such elections: Provided,-however, that

(i) if such vacancy occurs within three (3) months of' theensuing annual election, such vacancy shall remain untilthe holding of and be filled at such ensuing annualelection. . .(ii)/.. .

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•*> (11) in giving notice under section forty-three of this i chapter, not less than fourteen days in the case' of

nominations and five weeks iij the case of the date of election shall be- allowed after the date of such notice.

4-1 • Increase of members to represent new wards.(a) Where the number of wards is increased at any time, then upon such increase the number of members shall be increased by one for each ward by which the number of wards is increased.

(b) The election of members for the new wards shall take place as s^on as possible after such boards have been created,

4.2 . Returning officer.

(a) A returning officer, an assistant returning officer if necessary, and such number of presiding ofiicers as may be required shall be appointed annually by the Native Commissioner-yL"'.(b) The fees payable to any person so appointed under the provision of sub-section (a) hereof shall be\paid> ty the Council.

43• Notice of nomination.

(a) Not'later than the fifteenth day of May of each and every year the returning officer_ shall give notice of the next ensuing annual election in one or more newspaper circulating in the urban area and on the notice board at the office of the superintendent.(b) Such notice shall

(i) appoint a polling day to be held during the third jweek in the next ensuing month of June,

(ii) specify the particular wards for which the election is to be held ,

(iii) call for nominations to be lodged on or before the thirty-first day of May in the manner hereinafter set out.

AA• dominations.

(a) No person shall be a candidate at any election or be qualified to be elected a member for any ward unless he shall have received a requisition signed 'by at least ten (1 0) enrolled voters of such ward.

- -I (b) Such requisition with his acceptance thereof given under his own 1 hand shall be lodged personally with the returning officer on or

/ ] before twelve o’clock noon on the thirty-first day of lay.

4-5 . Notification. of acceptance and rejection of nqninations^Immediately upon the closing of nominations the returning officer shall scrutinise all nominations received and as soon thereafter as possible shall cause to be posted up at the office of the superintendent and atlsbrae'') convenient place in the case of an area other than a location or native village(a) a list of the nominations accepted and rejected in the case of each of the wards

(b) the wards in which an election will take place(c)/ . . .

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cQ the polling stations in each of the wards mentioned in sub-eection b) hereof.

4-6* One nomination only. Where only one valid nomination has been received in respect of a particular ward, the returning officer shall on the notice referred to in section forty-five of this chapter, declare the person nominated duly elected and such person shall become a member from the date of such declaration or on which the retiring member ceased to be a member of the Board, whichever be the later date.

4-7• Casual vacancies in certain circumstances.(a) If no nominations .have been received in respect- oi any ward the vacancy therefor shall be deemed to be a casual vacancy which shall be filled in accordance with the provisions oi' section .fortv of this chapter,

(b) If after further nominations have been called for to fill such casual vacancy no nomination is received, the Council shall be entitled to appoint any duly qualified person to be a member of the Board to fill such vacancy.(c) If, after polling day has been fixed for an election in any ward, any duly nominated candidate thereat dies before the poll has com­menced, the returning officer shall, upon oeing satisfied of the fact of the death, withdraw so far as it concerned that ward the notice fixing the' polling day and all proceedings relating to such election shall be commenced afresh in precisely the same manner asif a casual vacancy had occurred.

The Polling.4-8. Election arrangements. For the purposes of any election there shall

be one polling station at some convenient place in each ward, the site of which shall be notified in the notice referred to in section forty-five of this chapter.

49. Presiding officer.

(a) The presiding officer and other officers at the polling station shall keep order thereat, shall regulate the number of voters to be admitted at a time and shall exclude all other persons except the returning officers, the clerks, the candidates, the agents of the candidates and the constables on duty. N •(b) Any person who on being ordered by the presiding officer to leave the polling station shall fail or refuse to do so shall be guilty of an offence under these regulations.

50, O.pening and qlosing of poll. The poll shall commence at 8 o'clock a.m. and close at 9 o'clock p.m.

51. Manner. .Qf voting;. The voting at all elections held under theseregulations shall be by ballot which shall be conducted in substance as follows s-

(a) The person coming to vote shall present his voting certificate to the presiding officer who shall satisfy himself, to the best of his ability, that such person is the person referred to therein and that the particulars therein correspond with those on the voters’ roll.

(b)/..

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(b) Upon being so satisfied the presiding officer shall enter his number upon the counterfoil in the ballot paper book and shall tear out the ballot paper corresponding to buch counterfoil and having stamped such paper with a perforated stamp provided therefor shall hand it to the voter.

(c) When the voter has received such ballot paper on which shall be printed in alphabetical order the names of all the duly nominated candidates at such election he shall signify for whom he desires to vote bvv secretly placing a cross opposite the name of the candidate whom he wishes elected. He shall then fold the ballot paper in half and drop it in the ballot box.

(d) Should the voter either sign his name on the ballot paper or make any mark or write any word by whicn he can oecor-ie identified, such oallot paper shall be considered invalid and not taken into account,

t o f t '52 . P_roduction .of voting certificate.

(a) The production by any person of a voting certificate shall be proof of the right of such person to record his vote: Provided, however, that the presiding officer .may on good cause challenge the identity of any person tendering such certificate and may in such case record such vote separately for subsequent inquiry.f.b; Notwithstanding such separate recording such vote shall be treated as a'valid vote and recorded for the person in whose favour it was cast until a decision is reached on the subsequent inquiry.

(c) Before being entitled to record his vote, every voter shall surrender his voting certificate to the presiding officer who shall immediately endorse such certificate with his initials and retain it in safe custody.

53- Assistance to voters.

(a) Where any voter is unable for any reason to record his vote tae presiding officer may on application by such person render such assistance as may De necessary to enable such voter to record his vote.

(b) No person, other than the presiding officer, shall be entitled to or shall render any such assistance to any voter.

54. .Voter required to vote without delay.

(a) Every voter recording his vote shall do so without undue delay.

v9^er w^° delays unduly in recording his vote, may, unless he forthwith proceeds to vote upon being thereunto required by the presiding officer, be removed from the polling station by or upon the instruction’s of the presiding officer.

(c; Any voter so removed shall not be entitled to record his vote at such election.

55* Declaration of noT1 .

(a) Immediately after the close of the poll the presiding officer in each ward shall, in the presence only of such candidate and such agents of the candidates as may be in attendance (not exceeding two agents oi each candidate) open the ballot box and ascertain the result oi' the poll by counting the votes given to each candidate

and/..

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> kand shall forthwith declare the - candidate who is elected under the provisions of tiiis chapter for such ward.

(b) In the event of the number of votes being equal for any two or more candidates, the presiding officer shall by lot immediately determine the election.

(c) As soon as practicable after the declaration of poll the presiding officer shall inform the returning officer thereof and shall post up the name of the successful candidate at the same place as the notice under section forty-five of this chapter.

56 v jjeall_n& up of papers.

(a) Immediately after the declaration of poll the presiding officer shall make up into one packet the following

(i) the unused ballot papers

(ii) the counterfoils- of the ballot papers

(iii) the marked copies of the voters’ roll(iv) the counted and rejected ballot papers

(v) a certificate stating the name of the member declared to be elected.

(b) The presiding officer shall- seal such packet and shall deliver It to the returning officer clearly marked on the outside as to which ward it relates. ♦

(c) No such sealed packet shall be opened unless by Order of Court.

57. Destruction of sealed pacers. Six months after the uay of the election all s.ealed packets shall be destroyed by the presiding officer unless otherwise ordered by a Court.

58 • Immaterial mistakes not to affect validity of electio n s . N oelection shall be declared invalid by reason of any mistake or non- compliance with the terms of these regulations if it appears that the election was conducted in accordance with the principles laid down therein and such mistake or non-compliance did not affect the result of the election.

Electoral Expenses. N v59. Amoui) t ,..o£Lij-£P-ens_es all owed. No candidate shall expend moneys or

incur expenses at or in connection with any election in exc&ss of^Le sum of one .hundred pounds or cause or permit such to be done on his behalf. H S U V„

'Of YVVWV^^ " y-£:tufn- ' . Within thirty (3u) days after the result .of any election

has been declared, every candidate at such election shall completearu.. deliver to the returning officer an affidavit giving particulars Ox o — '

(i) all moneys provided for electoral expenses by any person other than the candidate, including the name, address and occupation of such person,

(ii) in detail all payments made by the candidate or on hisDehalf at or in connection with the election, such payments to be supported b, bills and receipts,

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- 13 -(iii) all disputed and unpaid claims.

offences.

61 • Treating.(a)-No person shall corruptly by hi..self or by any other person either before, during or after an election directly or indirectly giA'e or provide or pay wholly or in part the expense of giving or providing any meat, drink, entertainment, lodging or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote_at the election or on account of such person or any other person having voted or. refrained from voting or being about to vote or refrain from votingat such election.(b) No voter shall corruptly accept or take any such meat, drink, entertainment, lodging or provision.

62. Undue Influence,(a) No person shall directly or indirectly by himself or by any other person or on his behalf make use or threaten to make use ox any xorce, violence or restraint or inflict or threaten to inflict by hiraselxor by any other person any temporal or spiritual injury,^damage, harm or loss upon or against or do or threaten to do any detriment to^any person in order to induce or compel, such person to vote or refrain from voting or on account of such person having voted or relrained from voting at any election.(b) No person shall by abduction, duress or any fraudulent deviceor contrivance impede or prevent the free exercise of the iranchise by any voter or thereby compel, induce or prevail upon any voter either to give or to refrain from giving his vote at any eleccion.

63* Bribery. No person shall(a) directly or indirectly himself or by his agent give, lend or _ agree to give or lend or-offer, promise or promise to procure or to endeavour to procure any money or valuable consideration to or for any voter or to or for any person on behalf of any voter or to or _ for any other person in order to induce any voter to vote or retrain from voting or corruptly do any such act as aforedaid on account, of such voter having voted or refrained from voting at any election.(b) directly or indirectly himself or by his agent give, lend or agree to give or lend or offer, promise or promise to procure or to endeavour to procure any money or valuable consideration to orany voter or to or for any person on behalf of any voter or^to or for any other person for acting or joining in any procession before or during any election.(c) directly or indirectly himself or by his agent give or procure or agree to give or procure or offer promise or promise to procure or to endeavour to procure any office place or employment or any profit, advancement or enrichment to or for any voter or to or for any person on behalf of any voter or to or for any other person in order- to induce such voter to vote or refrain from voting or corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election.(d) directly or indirectly himself or by his agent make any such gift loan offer promise procurement or agreement as aforesaid to or for any person 'in order to induce such person to procure or endeavour to procure the return of any person to serve as a councillor or the vote of any voter at any election.

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(e) upon or in consequence of any such gift loan ofier promise procurement or agreement procure or engage promise or endeavour o procure the return of any person to serve as. a councillor or the vote of any voter at any election.(f) advance or pay or cause to be paid any money to or to the use of any other person with the intent that such money or..any par- thereof shall be expended in bribery at any election or who knowing­ly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in brioery atany election: Provided always that this enactment shall noi.. exten or be construed to any money paid or agreed to be paid for or on account of any lawful expenses bona fide, incurred at, or concerning any election.(g) before or during any election directly or indirectly nxmself or by his agent receives agrees or contracts for any money giit loan or valuable consideration office place or employment ior himself or for any other person for voting or agreeing to voteor for refraining or agreeing to refrain from voting at any eiec 1 .

(h) after any election directly or indirectly himself or by his agent receive any money or valuable consideration on account ox any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election.

(i) either directly or indirectly himself or by his agent corruptly convey or transfer any property or pay any^money to _ any person for the purpose of enabling him to be qualified as a councillor or registered as a voter thereby to influence his vote at any future election,

Every candidate or other person.who either directly or indirectly pays any money on behalf of any voter for the purpose of inducing him to vote or refrain from voting and every person on whose behalf and with whose privity any such- conveyance transfer or payment as in this section is mentioned shall be guilty of an offence.

6J\. Personation. No person shall at any election apply ior a ballot paper in the name cf sfome other person whether that name is that of a person living or dead or of a fictitious^ person or having voted once at any such election apply at the same eleccion ±or a ballot paper in his own name.

65. Punishment for contraventions of certain sections.- Where any contraventions of section six tv-one , sixty-two 9 sixty-three, or sixtv-four has been committed with reference to any election by or with the knowledge and consent of the candidate or his election agent the election of such candidate shall if he has been elected be null and void and such person shall be incapable of being elected as a member of the Board for a period of three (3) years thereafter.

6 6. 7oting by /orohiblted persons.. No person shall voteor induce any person to vote at any election knowing^that he or such person is prohibited by this chapter of these regulations from voting or is not qualified or has ceased to be qualified to vote- at such election.

67, Publication of false statements of withdrawal.. No person shall be- fore or during an election knowingly publish a false statement

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of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate.

6 8. Defamatory statements of a candidate. NO person shall afterpublication of the notice referred to in section forty.-.three of this chapter and before the close of the poll publish or expose or cause to be published or exposed to public view any document^or writing or printed matter containing any untrue statement defamatory of any candidate and calculated to influence the vote of any voter.

69• Obstructing elections. No person shall interrupt obstruct or disturb the proceedings at any election.

Chapter 3 - Powers and Duties of Native

Advisory roarde

Meetings

99. Place of meet____________ ting. The Board shall meet on the las is Tuesday oJeach and every monttPat a time to be fixed the Boar.dxand al place to be determined by the Council.

100. Chairman .of Board.

X(a) At its- first meeting after the election referred to in section thirty-eight of chapter 2 of these regulations the Board^shall elect from amongst its members a chairman and a vice-chairman for the ensuing electoral year.

/ (b) Such chairman and vice-chairman shall be- elootod from a list^jttyj^ r,T prepared by the Manager and approved by the Native,l if Qommissiouer.M ' „ „

(c) The chairman, or in his absence the vice-chairman, shall preside over all meetings of the Board. If at any meeting the chairman and the vice-chairman are absent, the members present shall, for the purpose of that meeting, elect a chairman from the members present.

101. Secretary. The Council shall appoint a person upon such terms and conditions as to salary and otherwise us it may deem fit to act as secretary to the Board. , HkA

102. Quorum. The quorum of the .board shall be one-half of the total number of the members of the board.

103. Adjournment .in the event of no quorum., If at the expiration of 'twenty (~20) minutes after the hour at which any meeting of the Board is appointed to be held a quorum shall not have assembled, no meeting shall take place: Provided, however, that the members present may

(i) unanimously decide to allow further time not exceeding an additional ten (10) minutes in order to enable a quorum to assemble, ana may thereafter,

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Collection Number: AD1715

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS (SAIRR), 1892-1974

PUBLISHER: Collection Funder:- Atlantic Philanthropies Foundation

Publisher:- Historical Papers Research Archive

Location:- Johannesburg

©2013

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