Regulations



PART I: ELECTION OF MEMBERS OF COUNCIL


2. Enfranchised voters

A person shall be an enfranchised voter if, on the date on which he nominates a candidate for an election or casts a vote during an election, as the case may be, he is -

2.1 registered or deemed to be registered in terms of the Act to practise a veterinary profession or a para-veterinary profession;
2.2 not serving a sentence of imprisonment; and

2.3 permanently resident in the Republic.

3.Calling for nominations

3.1 The registrar shall as soon as possible after the commencement of the Act and as frequently thereafter as an election may be necessary, publish a notice to the effect that he awaits nominations of candidates for the election concerned.

3.2 Such notice shall –

3.2.1 specify the number of vacancies on the council for which nominations are being awaited;
3.2.2 specify the nomination day concerned;

3.2.3 be published in the Gazette in both official languages;

3.2.4 be published in such other newspapers as the council may determine; and

3.2.5. if the election concerned arises from the expiry of the term of office of a member of the council by effluxion of time, be thus published at least three months prior to the date on which the member concerned will vacate his office.

3.3 Each enfranchised voter shall be entitled to nominate as many candidates as the number of vacancies specified in terms of regulation 3.2.1.

4. Submission of nominations

4.1 The nomination of a candidate shall –


4.1.1 be made in the form set out in Annexure A; and

4.1.2 be lodged with the registrar before 16h00 on the nomination day concerned.

4.2 A separate form referred to in regulation 4.1.1 shall be used for the nomination of each candidate.

4.3 Each such form shall be duly completed and shall be signed by both the person who is nominated as a candidate and the two persons by whom he is nominated.

5. Acceptance of nominations


5.1 The registrar shall accept the nomination of a person as a candidate for an election if he is satisfied that –

5.1.1 the nomination concerned substantially complies with the requirements set out in regulation 4;

5.1.2 the persons by whom the person concerned has thus been nominated, are enfranchised voters; and

5.1.3 the nominated person concerned qualifies in terms of section 6 of the Act to be elected as a member of the council.

5.2 If the registrar refuses to accept the nomination of a person as a candidate for an election, he shall notify the nominated person concerned and the persons by whom that person has been nominated, in writing of his refusal and of the grounds on which it is based.

5.3 If a vacancy for an elected member of the council occurs between the date of compilation of a notice referred to in regulation 3 and the nomination day specified in such notice, the nominations received for the vacancies specified in the notice concerned shall also be deemed to be nominations for the vacancy concerned.

5.4 If the number of candidates whose nominations for an election have been accepted, is equal to or less than the number of vacancies for elected members of the council on the nomination day concerned –

5.4.1 those candidates shall be deemed to have been duly elected as members of the council; and
5.4.2 the election of those candidates as members of the council shall be made known in the manner referred to in regulation 15.

5.5 If there are still one or more vacancies for elected members of the council after vacancies have been filled in terms of regulation 5.4, the registrar shall and in the manner referred to in regulation 3, call for nominations for candidates for election to the remaining vacancies.


6.Notice of elections

6.1 If the number of candidates for an election exceed the number of vacancies for elected members of the council on the nomination day concerned, the registrar shall issue a notice to the effect that an election is to be held.

6.2 Such notice shall –

6.2.1 be issued within 30 days of the nomination day concerned;

6.2.2 contain the full names and residential addresses and the election manifestos which shall not exceed two hundred words, of each candidate;


6.2.2.1 The election manifesto shall include the following information of the candidate:

6.2.2.1.1 Academic qualifications;

6.2.2.1.2 career record;

6.2.2.1.3 special interests;

6.2.2.1.4 public and professional service; and

6.2.2.1.5 a mission statement.

6.2.3 specify the number of vacancies for which members of the council have to be elected; and

6.2.4 specify the polling day concerned.

6.3 If a vacancy for an elected member of the council occurs between a nomination day and the date of compilation of a notice referred to in sub regulation 6.1 –


6.3.1 the provisions of regulation 5.4 shall mutatis mutandis apply if the number of candidates is equal to or less than the number of vacancies, including the said vacancy, for elected members of the council; and

6.3.2 the said vacancy shall otherwise be included in the number of vacancies specified in terms of regulation 6.2.3.

6.4 The registrar shall within 48 hours of the date of issue of a notice referred to in regulation 6.1 send a copy thereof by ordinary post to each person who is registered or deemed to be registered in terms of the Act to practise a veterinary profession or a para-veterinary profession, at his permanent postal address as entered in the applicable register on the said date.

7. Death of candidates

If a candidate for an election dies before or on the polling day of that election –

7.1 the provisions of regulation 5.4 shall mutatis mutandis apply if the remaining number of candidates is equal to or less than the number of vacancies for elected members of the council; and

7.2 the election concerned shall otherwise be proceeded with as if the candidate concerned had not died, but any vote recorded in his favour during the election concerned shall be disregarded in determining the result of that election.

8. Issuing of ballot papers

8.1 A copy of a notice referred to in regulation 6.1 which is forwarded to a person in terms of regulation 6.4 shall be accompanied by –

8.1.1 a ballot paper;

8.1.2 voting directions;

8.1.3 a ballot envelope;

8.1.4 an identification statement; and

8.1.5 a documents envelope

8.2 A ballot paper shall –

8.2.1 indicate the full names of the candidates for the election concerned in alphabetical order of surnames;

8.2.2 contain a blank outlined square with dimensions of at least 10 mm by 10 mm opposite the name of each candidate; and

8.2.3 contain an indication in both official languages –

8.2.3.1 that it is a ballot paper for the election of members of the council; and
8.2.3.2 of the number of members of the council to be elected during that election.


8.2.A A ballot envelope shall have a gummed flap with which it can be sealed after a completed ballot paper has been placed therein;
8.3 The voting directions referred to in regulation 8.1.2 shall indicate how a person shall proceed to cast his vote and return his ballot paper to the registrar and shall contain a quotation of regulation 9.

8.4 An identification statement shall contain a declaration in the form set out in Annexure B in any two official languages;

8.5 A documents envelope shall –

8.5.1 be large enough to place a ballot envelope and an identification statement therein;
8.5.2 have a gummed flap with which it can be sealed after a ballot envelope and an identification statement has been placed therein; and

8.5.3 be addressed to the registrar.

8.6 If the registrar after consideration of a written application by a person to whom a ballot paper has been issued in terms of these regulations, is satisfied that the documents referred to in regulation 8.1 are lost or destroyed, he shall issue a fresh ballot paper and accompanying documents to the person concerned.

9.Voting directions

9.1 Each enfranchised voter shall be entitled to vote during an election for as many candidates as the number of members of the council to be elected during that election.

9.2 The number of members of the council to be elected, is as indicated on the accompanying ballot paper.
9.3 An enfranchised voter may cast only one vote in favour of each candidate of his choice.

9.4 An enfranchised voter may cast his vote during an election by –

9.4.1 marking on the ballot paper which has been issued to him, one cross or any other mark which denotes a clear choice for a particular candidate and within the outlined blank square provided on the ballot paper;
9.4.2 folding such ballot paper with the face inward and thereafter placing it in the ballot envelope;

9.4.3 thereafter sealing such ballot envelope by sticking the gummed flap thereof;

9.4.4 thereafter making the declaration referred to in regulation 8.4 on the identification statement concerned by duly completing and signing it;

9.4.5 thereafter placing such identification statement in the documents envelope; and

9.4.6 thereafter sealing such documents envelope by sticking the gummed flap thereof and sending it to the registrar by post or delivering it to him by hand.

9.5 A documents envelope which is sent to or delivered to the registrar in terms of regulation 9.4.6 shall reach the registrar before 16h00 on the polling day.

10.Ballot boxes

10.1 the registrar shall as soon as possible after the date of issue of a notice referred to in regulation 6.1, prepare a ballot box for the election concerned.

10.2 A ballot box shall be sealed beforehand, while it is empty, by a commissioner of oaths in such manner as to ensure that any ballot envelope placed therein in terms of these regulations, can be removed therefrom only by breaking the seal concerned; and

10.3 Such commissioner of oaths shall provide the registrar with a written statement regarding his sealing of the ballot box concerned.

10.4 A ballot box which has been thus sealed shall until it is opened in terms of these regulations, be kept by the registrar in such a manner as to ensure that access thereto can be gained only with a view to placing ballot envelopes for the election concerned therein in terms of regulation 12.1.5.

11.Grounds for the rejection of ballot papers

11.1 A ballot paper shall be rejected by the registrar if –

11.1.1 it is not contained in a sealed documents envelope together with an identification statement when it is received by the registrar;
11.1.2 the declaration on the identification statement, has not been duly completed or completed in such a manner that it is not possible for the registrar to determine the identity of the voter with reference to the register kept by the registrar.

11.1.3 the declaration on the identification envelope has not been signed by the voter;

11.1.4 the person by whom the declaration on the identification envelope concerned has been made –

11.1.4.1 is not an enfranchised voter; or

11.1.4.2 has already cast a vote

11.1.5 a cross or mark which has been made thereon in terms of sub regulation 9.4.1 extends beyond the outline of a square on the ballot paper to such extent that it is not possible for the registrar to determine without reasonable doubt in favour of which candidate the vote concerned has been cast;

11.1.6 the number of candidates opposite whose names crosses or marks referred to in subregulation 9.4.1 are made, exceeds the number of members of the council to be elected during the election concerned.

11.2 If a ballot paper is received by the registrar after 16h00 on the polling day of an election, he shall forthwith destroy that ballot paper and the identification envelope in which it is contained without opening it or performing any other act in terms of these regulations in connection therewith.


12.Examination of identification envelopes


12.1 The registrar shall –

12.1.1 open each documents envelope received and record the date of receipt thereof on the ballot envelope contained therein;

12.1.2 ensure that each such documents envelope contains an identification statement and that the declaration thereon has been made;

12.1.3 compare the particulars furnished in each such declaration with the applicable register and the list referred to in regulation 12.1.4;

12.1.4 record in a suitable list kept by the register for this purpose, the fact that the person by whom such declaration has been made, has cast his vote; and

12.1.5 thereafter place such ballot envelope in the ballot box referred to in regulation 10 after he has enclosed it, if necessary, in terms of regulation 12.2.

12.2 If the registrar after an examination and comparison referred to in regulation 12.1, is satisfied that a ballot paper has to be rejected on any of the grounds referred to in regulation 11.1.1, 11.1.2, 11.1.3 or 11.1.4 he shall enclose that ballot envelope in which that ballot paper is contained, with the words "Spoilt/Bedorwe" and record the number of the regulation in terms whereof it is rejected thereon.


13.Examination of ballot papers


13.1 The registrar shall as soon as possible after 08h30 on the first working day following the polling day for a particular election, break the seal on a ballot box referred to in regulation 10 and remove the contents of that ballot box therefrom in a room –

13.1.1 in which no unused ballot papers for the election concerned are present; and

13.1.2 to which only himself, a person referred to in section 14(2) of the Act, who exercises performs or carries out any power, function or duty in terms of these regulations under the delegation, control or direction of the registrar, and a person referred to in regulation 13.5, have access.

13.2 After the seal on a ballot box has been broken in terms of regulation 13.1, no person shall –

13.2.1 bring any unused ballot papers for the election concerned, or a ballot paper which has been received by the registrar after the closing time on the polling day, into the room concerned; or

13.2.2 remove any identification envelope or ballot paper which has been removed from such ballot box, from the room concerned;

before the result of the election concerned has been determined.

13.3 The registrar shall divide the ballot envelopes which have been removed from such ballot box into those which have been endorsed as contemplated in regulation 12.2, and those which have not been thus endorsed, and shall thereafter open the latter ballot envelopes and examine the ballot papers contained therein.

13.4 If the registrar after an examination referred to in regulation 13.3 is satisfied that a ballot paper has to be rejected on any of the grounds referred to in regulation 11.1.5, 11.1.6 or 11.1.7, he shall –

13.4.1 endorse the ballot paper concerned and the ballot envelope in which it was contained, with the words "Spoilt/Bedorwe" and record the number of the regulation in terms whereof it is rejected thereon; and

13.4.2 replace the ballot paper concerned in the ballot envelope concerned and thereafter keep it with the ballot envelopes which have been endorsed in terms of regulation 12.2.

13.5 Subject to the provisions of regulation 18 each candidate shall personally or through a duly authorised representative be entitled to be present at and peruse any act performed in terms of this regulation or regulation 14.

14.Determination of result of elections


14.1 As soon as the registrar has determined the validity of the ballot papers which were examined by him in terms of regulation 13.3, he shall use the ballot papers which have not been rejected to determine the number of votes which have been recorded in favour of each candidate during the election concerned.

14.2 Subject to the provisions of regulation 14.3 the vacancies on the council for which members have to be elected, shall be filled by those candidates in favour of whom, in numerical order, the largest number of votes as determined in terms of regulation 14.1 have been recorded during the election concerned.

14.3 If the registrar determines in terms of regulation 14.1 that an equal number of votes have been recorded on two or more candidates during an election, and in consequence it is not possible to determine the outcome of the election concerned, he shall forthwith determine by lot which of those candidates are deemed to be elected.

15.Announcement of elected members of council

15.1 The registrar shall as soon as possible after vacancies for elected members of the council have been filled in terms of these regulations, published a notice specifying –

15.1.1 the full names in alphabetical order of surnames, and residential addresses of the persons who have thus been elected members of the council; and

15.1.2 the dates on which the terms of office of the persons concerned as members of the council are respectively to commence and to terminate.

15.2 Such notice shall be published –

15.2.1 in the Gazette in both official languages; and

15.2.2 in such other newspapers as the council may determine.

15.3 The registrar shall notify each person referred to in regulation 15.1.1 in writing of his election as a member of the council.


16.Preservation of election documents


16.1 The registrar shall as soon as possible after a vacancy for an elected member of the council has been filled in terms of these regulations, bind all documents relating to the election concerned in separate packages which are suitably marked, and thereafter seal it together in a package which is marked with the words "Election documents" and the dates of the nomination day and polling day concerned.

16.2 A package referred to in regulation 16.1 shall be preserved by the registrar in an unopened condition for a period of at least three years after the date of publication in the Gazette of a notice referred to in regulation 15.1, unless he is otherwise directed by a competent court.


17.Report on election


17.1 the registrar shall as soon as possible after an election has been held, report to the council on –

17.1.1 the number of persons who were nominated as candidates for the election concerned;

17.1.2 the number of nominations which he refused to accept and the grounds for each such refusal; and

17.1.3 the number of ballot papers-

17.1.3.1 which were issued by him for the election concerned;

17.1.3.2 which were submitted to him; and

17.1.3.3 which were rejected on each of the grounds referred to in regulation 11.

17.2 No person shall disclose any particulars other than those referred to in regulation 15 and 17.1 with regard to the result of an election, except under a law, or unless he is directed thereto by a competent court.


18. Declaration of secrecy

The registrar, a person referred to in section 14(2) of the Act who exercises, performs or carries out any power, function or duty in terms of these regulations under the delegation, control or direction of the registrar, and a person referred to in regulation 13.5, shall beforehand make a sworn declaration or an affirmation before a commissioner of oaths, in which he declares that he shall maintain and help to maintain the secrecy of the election and save for a lawful reason, not disclose to any person any information regarding the election concerned other than that which may be made known in terms of regulation 15 and 17.1.

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Links to African Council websites

Veterinary Statutory Bodies in Africa
http://www.rr-africa.oie.int/en/RC/en_vsbs.html

Veterinary Council of Namibia
http://www.van.org.na/section.php?secid=10

Veterinary Council of Zimbabwe (department of livestock and veterinary services)
http://www.dlvs.gov.zw/

Kenya Veterinary Board
http://kenyavetboard.org/

Veterinary Council of Tanzania
http://www.mifugouvuvi.go.tz/vertinary-council-of-tanzania/

Botswana Veterinary Association
http://www.bva.org.bw/bva_content.php?id=2

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