The offence
Elections Act Section 51 (3) (a)
“a person commits an illegal practice where the person – directly or indirectly, by that person or by any other person on that person’s behalf, gives, lends or agrees to give or lend, offers or promises to procure, any money or valuable consideration to or for any voter or to or for any other person on behalf of a voter or to or for any other person, in order to induce the voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at an election”
Other actions that are also an offence under the Elections Act:
1. procuring or promise to procure a job for a voter;
2. offering or making any gift or loan to a voter;
3. obtaining money from other people with which to bribe a voter;
4. receiving or agreeing to receive any money, gift, loan or valuable consideration, office, place or employment either to vote or to refrain from voting;
5. corruptly giving drinks or entertaining for the purpose of influencing a person to vote or refrain from voting;
6. corruptly accepting the above;
7. the making of or directly threatening force , violence or restraint against a voter in order to induce or compel the voter to vote or to refrain from voting.
The Punishment
Elections Act Section 52(1)
A person who is guilty of an offence under section 51(a) is liable to imprisonment for 3 years and a fine of R20, 000
Who should be enforcing this law - The police? The Electoral Commissioner? Or both?