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PART
VI
CORRUPT AND ILLEGAL PRACTICE AND ELECTION
OFFENCES
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31.
Any person who, directly or indirectly, by
himself or any Bribery other person-
(a) gives, lends, or procures, or agrees to
give, lend or procure, or offers, promises, or
promises to procure, any money 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 refrain from voting, or who corruptly
does any such act as afore- said on account of
such voter having voted or refrained from
voting at any election;
(b) gives, lends or agrees to give or lend, or
offers, or promises to procure or to endeavour
to procure, any money to or for any voter or
to or for any other person on behalf of any
voter or to or for any other person for acting
or joining in any procession or demonstration
before, during or after any election;
(c) makes any gift, loan, offer, promise,
procurement or agreement to or for any person
in order to induce such person to procure or
to endeavour to procure the return of any
candidate at any election or the vote of any
voter at any election;
(d) upon or in consequence of any gift, loan,
offer, promise, procurement or agreement,
procures or engages, promises, or endeavours
to procure, the return of any candidate at any
election or the vote of any voter at any
election;
(e) advances or pays, or causes to be advanced
or paid, any money to or for the use of any
other person, with the intent that such money
or any part 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 bribery at any
elections;
(f) before or during any election receives or
contracts for any money or loan for himself or
for any other person for voting or agreeing to
vote or for refraining agreeing to refrain
from voting at any election; or
(g) after any election receives any money on
account of any person having voted or
refrained from voting or having induced any
other person to vote or refrain from voting at
such election; or
(h) conveys or transfers, or is concerned with
the conveyance or transfer of, any property,
or pays or is concerned with the payment of
any money, to any person for the purpose of
enabling him to be registered as a voter,
thereby to influence his vote at any future
election, or pays or is concerned with the
payment of any money on behalf of any other
voter for the purpose of inducing to vote or
refrain from voting;
shall be guilty of the offence of bribery.
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Bribery |
32.
Any person who-
(a) at any election applies for a ballot paper
in the name of some person, living or dead, or
of a fictitious person;
(b) having voted once at any election, applies
again at the same election for a ballot paper;
or
(c) votes or induces or procures any person to
vote at any election knowing that he or that
person is not entitled to vote at that
election;
shall be guilty of the offence of personation.
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Personation |
33.
Any person who corruptly by himself or by any
other person either before, during or after an
election, directly or indirectly gives or
provides or pays wholly or in part the
expenses of or gives or pro- vides any food,
drink, entertainment, lodging or provisions
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 an election shall be guilty of the offence
of treating.
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Treating |
34
(1) Any person who directly or indirectly, by
himself or by any other person-
(a) makes use of or threatens to make use of
any force, violence or restraint upon any
other person;
(b) -inflicts or threatens to inflict by
himself or by any other person, or by any
supernatural or non-natural means, any
temporal or spiritual injury, damage, harm or
loss upon or against any person; or
(c) does or threatens to do anything to the
disadvantage of any person; in order to induce
or compel that person-
(i) to sign and refrain from signing a
nomination paper;
(ii) to vote or refrain from voting; or
(iii) to refrain from offering himself as a
candidate for an election;
on account of that person having-
A. signed or refrained from signing a
nomination paper;
B. voted or refrained from voting at any
election; or
C. refrained from offering himself as a
candidate; shall be
guilty of the offence of undue influence.
(2) Any person who, by abducting, duress or
any fraudulent device or contrivance impedes
or prevents the free exercise of his vote by
any voter or thereby compels, induces or
prevails upon any vote at any election shall
be guilty of the offence of undue influence. |
Undue
influence |
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35.
Any person who is guilty of the offence of
bribery, personation
treating or undue influence shall be liable on
conviction to a fine not exceeding eight
hundred penalty units or to imprisonment for a
period not exceeding two years, or to both
(As
amended by Act No. 13 of 1994)
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Penalty |
36. (1) Any person who, before or during an
election, illegally Illegal practice publishes
a false statement of the illness, death or
withdrawal of a candidate at that election for
the purpose of promoting or procuring
statements in the election of another
candidate, knowing that statement to be false
or not believing it to be true, shall be
guilty of an illegal practice.
(2) Any person who, before or during an
election, publishes any false statement of
fact in relation to the personal character or
conduct of a candidate in the election, shall
be guilty of an illegal practice, unless he
can show that he had reasonable grounds for
believing and did believe, the statement to be
true. |
Illegal
practice of publishing false statements in
respect of candidates |
37. Any person who forges or fraudulently
destroys any practice
nomination paper, or delivers to a returning
officer any nomination of paper knowing the
same to be forged, shall be guilty of an
illegal practice.
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Illegal practice in respect of nomination of
candidates |
38.
Any person who at an election obstructs a
voter either at the
polling station or on his way thereto or there
from shall be guilty of an illegal practice. |
Illegal
practice in respect of voters |
39.
Any person who, at a lawful public meeting
held in connection with the election of any
person between the day of the meetings
publication of a notice appointing nomination
day and the day on which the result of the
election is published, acts or incites others
to act in a disorderly manner for the purpose
of preventing the transaction of the business
which the meeting is called, shall be guilty
of an illegal practice.
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Illegal
practice in respect of public meetings |
40.
Any person who, with intent to influence
persons to give or refrain from giving their
votes at an election, uses or procures the use
of any wireless transmitting station outside
the Republic shall be guilty of an illegal
practice.
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Illegal
practice in broadcast |
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41.
Any person who is guilty of an illegal
practice shall be liable on conviction to a
fine not exceeding eight hundred penalty units
or to imprisonment for a period not exceeding
two years, or both.
(As
amended by Act No. 13 of 1994)
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Penalty
for illegal practices |
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