Superior Courts Act, 2013
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsMunicipal Elections Party Elections Broadcasts and Political Advertisements Regulations, 20114. Party election broadcasts |
| (1) | PEB(s) must only be broadcast during the election broadcast period. |
| (2) | A political party or an independent candidate that intends to broadcast a PEB must submit the same to the broadcasting service licensee at least five (5) working days prior to the broadcast thereof. |
| (3) | A public BSL must permit a PEB during an election broadcast period. |
| (4) | A commercial or community BSL that intends to broadcast PEB(s) must inform the Authority, in writing, of its intention to do so within twenty-one (21) days of the publication of these regulations. |
| (5) | A BSL that is obliged, or intends to broadcast PEB(s) must ensure that the PEB conforms to technical standards and quality as listed in Schedule 2 of Annexure A. |
[Regulation 4(5) substituted by section 5(5.1) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (6) | A BSL to whom a PEB has been submitted by a political party or an independent candidate for broadcast must not in any way edit or alter the content of the PEB. |
| (7) | A BSL that rejects a PEB submitted by a political party or an independent candidate for broadcast, must within twenty-four (24) hours of receipt of such PEB: |
| (a) | furnish the political party or independent candidate concerned with written reasons for the rejection; and |
| (b) | afford the political party or independent candidate concerned an opportunity, within forty-eight (48) hours after receiving the rejected PEB, to alter or edit the PEB and re-submit it to the BSL concerned or confirm in writing that it will not be resubmitting the PEB; |
[Regulation 4(7) substituted by section 5(5.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (8) | Where the BSL has rejected a PEB and the political party or independent candidate concerned has confirmed in writing to the BSL that it will not be re-submitting the PEB, then the BSL must within forty-eight (48) hours notify the Authority of such rejection and must also furnish to the Authority written reasons for the rejection. |
[Regulation 4(8) substituted by section 5(5.3) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (9) | A political party or an independent candidate who’s PEB has been rejected and which has no intention of altering or editing the PEB, may refer the matter to the Authority and inform the concerned BSL of the referral to the Authority, within forty-eight (48) hours of being informed in writing of the rejection. |
| (10) | A political party or independent candidate that submits a PEB to a BSL for broadcast must ensure that the PEB does not: |
| (a) | contravene the provisions of the Municipal Electoral Act, the Electoral Code, the Electoral Act, the Constitution, the Act, and the Broadcasting Act; and |
| (b) | contain any material that is calculated, or that in the ordinary course is likely to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act. |
[Regulation 4(10) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (11) | A political party or independent candidate that submits a PEB for broadcast to a BSL is deemed to have indemnified the BSL against incurred costs, damages, losses, and third-party claims arising from the broadcast thereof. |
[Regulation 4(11) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (12) | A BSL that broadcasts PEB must: |
| (a) | make available, every day and throughout the election broadcast period, twelve (12) time-slots of forty (40) seconds each for the broadcast of PEB, excluding the concluding message (tail) disclaimer; |
| (b) | do so in accordance with the sequence and timing that will be prescribed by the Authority upon allocation of airtime slots after the publication of these Regulations; |
| (c) | ensure that all PEB(s) broadcast are identified as such; and |
| (d) | ensure that all PEB(s) broadcast by it are identified through a standard pre-recorded concluding message (tail) disclaimer. |
[Regulation 4(12) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (13) | A PEB must not exceed forty (40) seconds in duration. |
[Regulation 4(13) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (14) | Content broadcast as a PEB cannot be broadcast as a PA. |
[Regulation 4(14) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (15) | A BSL must not broadcast a PEB immediately before or after another PEB or immediately before or after a PA. |
[Regulation 4(15) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (16) | A PEB air-time allocated to, but not used by a political party or independent candidate, shall be forfeited by the political party or independent candidate concerned. |
[Regulation 4(16) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (17) | Where a political party or an independent candidate fails to deliver a PEB to the BSL before the expiry of five (5) working days prior to the broadcasting thereof, the political party or independent candidate shall be deemed to have forfeited its allocated airtime. |
[Regulation 4(17) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (18) | Where a political party or an independent candidate elects to forfeit its allocated PEB air-time, then such air-time must not be allocated to another political party or independent candidate but must be used by the broadcaster concerned for the purpose of broadcasting its normal programming. |
[Regulation 4(18) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (19) | Where a political party or an independent candidate does not wish to use its allocated PEB air-time, the BSL concerned must not, during the relevant time-slot, in any way vary the sequence or scheduling of PEB(s). |
[Regulation 4(19) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (20) | A BSL or political party or an independent candidate must not permit or engage in any interference with, or trading in, the sequence or scheduling of PEB(s). |
[Regulation 4(20) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (21) | Where a political party or independent candidate has complied with the requirements of regulation 4, and a BSL concerned is unable to broadcast such political party's or independent candidate’s PEB due to a breakdown in transmission, the BSL, after consulting the Authority, must broadcast the PEB within forty-eight (48) hours from the date on which the PEB was scheduled. |
[Regulation 4(21) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (22) | A PEB must be in the broadcast language(s) as contained in the issued broadcasting service license of the relevant BSL. |
[Regulation 4(22) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (23) | A Low Power Broadcasting Service Licensee must not broadcast a PEB. |
[Regulation 4(23) substituted by section 5(5.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (24) | A PEB must not be broadcast after the end of the election broadcast period. |
| (25) | A PEB must be in the broadcast language(s) as contained in the issued broadcasting service license of the relevant BSL. |
[Regulation 4 substituted by section 3 of the Municipal Elections Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2021, Notice No. 161, GG44370, dated 31 March 2021]
