Pulling down an election poster could mean 5 years in jail. The rules
Defacing or unlawfully removing an election poster can mean a fine or up to five years in prison. Here's what the law says, Eskom's ban on posters on its poles, and the voting-day rules for 4 November.
Tearing down, defacing or unlawfully removing a party's election poster is a criminal offence in South Africa, and it carries a fine or up to five years in prison. With voting day on Wednesday, 4 November, poster fights are already ending up with the police.
What does the law actually say about election posters?
Section 72(1) of the Local Government: Municipal Electoral Act says no person may deface or unlawfully remove any billboard, placard or poster published by a party or candidate for the purpose of an election.
That applies to everyone, not only party members. A neighbour who rips a poster off a pole is covered as much as a rival campaigner.
Under section 80 of the same Act, anyone convicted of breaking section 72 faces a fine or up to five years' imprisonment.
Are parties and candidates held to a stricter standard?
Yes. The Electoral Code of Conduct, in Schedule 1 of the Municipal Electoral Act, binds every party and candidate contesting the election. Item 9 bars them from defacing, unlawfully removing or destroying another party's or candidate's posters and other election material.
A party or candidate who breaks the Code can be taken to the Electoral Court, and a conviction for contravening the Code carries a fine or up to 10 years in prison under section 80.
Has anyone been caught this election?
In KwaZulu-Natal, the FF Plus suspended one of its councillor candidates after allegations that the candidate removed ANC posters in Margate, News24 reported on 30 October. The South African reported that the candidate was arrested in the Ray Nkonyeni municipality. The case has not been tested in court.
Can posters go up on electricity poles?
Not on Eskom's. In a statement on 14 October, Eskom asked parties, independent candidates, supporters, advertising agencies and the public not to attach posters, banners or any promotional material to its poles, mini-substations, transformers or other electrical equipment.
Eskom said it had seen more election posters on its infrastructure during the campaign. Its reasons:
- People climbing poles or using ladders near live equipment risk electric shock, severe burns and death.
- Attachments can damage equipment and get in the way of inspections and maintenance.
Eskom said the ban applies all year, not only at election time, and that it may remove unauthorised material where needed for safety. The law targets defacing and unlawful removal, so an owner taking material off its own infrastructure is a different matter from a member of the public tearing posters down.
Municipal poles and streetlights fall under each municipality's outdoor advertising rules, which differ from city to city. Check your municipality's by-laws before putting anything up.
Can parties put up posters at voting stations on 4 November?
No. Section 72(2) of the Municipal Electoral Act says that on voting day, no party, candidate or supporter may put up, display or hand out any billboard, placard, pamphlet or poster, or anything else meant to affect the result, inside the boundaries of a voting station.
What should you do if a poster is dangerous or being destroyed?
| What you see | Who to tell |
|---|---|
| Posters or people on an Eskom pole, transformer or mini-substation | Eskom customer service or your local Eskom office |
| Someone tearing down or defacing posters | The police (SAPS) |
| A party or candidate breaking the Electoral Code | The IEC, through your local electoral office |
Sources: Eskom statement, Municipal Electoral Act.
Don't climb a pole or touch electrical equipment to remove a poster yourself. Eskom says all electrical installations should be treated as live.
FAQ
Is it illegal to remove election posters in South Africa?
Yes. Section 72(1) of the Municipal Electoral Act says no person may deface or unlawfully remove a party's or candidate's election poster. A conviction carries a fine or up to five years in prison.
Can election posters be put on Eskom poles?
No. Eskom said on 14 October 2026 that posters, banners and other promotional material must not be attached to its poles, transformers, mini-substations or other electrical infrastructure, and that it may remove unauthorised material for safety.
Are election posters allowed at voting stations on 4 November?
No. On voting day, parties, candidates and supporters may not put up, display or hand out posters, placards or pamphlets inside the boundaries of a voting station.
Who do I report a destroyed election poster to?
Report someone tearing down or defacing posters to the police. Breaches of the Electoral Code by parties or candidates can be reported to the IEC through your local electoral office.