South Africa: Electoral Act (continued)

Registration

According to section 8 of the Act, if the Chief Electoral Officer is satisfied that a person's application for registration complies with the provisions of the Electoral Act, the Chief Electoral Officer must register the person as a voter by entering that person's details on the voters' roll.

The Chief Electoral Officer may not register a person as a voter if the person:

  • Has not registered in the prescribed manner, or has applied for registration fraudulently;
  • is not a South Africa citizen;
  • has been declared by the High Court to be of unsound mind or mentally disordered;
  • is detained under the Mental Health Act, 1973; or
  • is not ordinarily resident in the voting district for which that person has applied for registration.

A person's name may be entered in the voter's roll for only one voting district.

Applications to change registration details

A registered voter or a person who has applied for registration, whose place of residence or whose name has changed, must apply in the prescribed manner to have such change reflected in the voters' roll, or in such person's application for registration (section 9(1)).

If the application for a change of details envisaged by this section complies with the Act, the Chief Electoral Officer must effect the necessary changes to the voters' roll or to the application concerned. A change of name as a result of marriage does not fall within under the change of name contemplated by section 9(1).

De-registration as a voter

In terms of section 10 it is possible to de-register as a voter in the prescribed manner. The Chief Electoral Officer must de-register a person as a voter upon receipt of the necessary application. The person's details will then be removed from the voters' roll.

The Chief Electoral Officer has the duty to effect the necessary changes to the voters' roll, should he or she become aware that the details of a voter are incorrect or have changed. The Chief Electoral Officer must de-register a person if he or she is satisfied that the voter does not qualify or no longer qualifies for registration.

Notification by Chief Electoral Officer

The Chief Electoral Officer has the duty (section 12) to notify a person of a refusal of:

  • Registration in terms of section 7;
  • a name change or a change of residence in terms of section 9;
  • de-registration in terms of section 10.

The Chief Electoral Officer must also notify the person concerned of any amendments he or she effects to that person's details as reflected in the voters' roll.

The Chief Electoral Officer's notification envisaged in this section must be accompanied by reasons for the steps or decision taken.

Appeals against decisions of the Chief Electoral Officer

In terms of section 13, a person who feels aggrieved by a decision taken by the Chief Electoral Officer may appeal to the Commission against such decision. The Commission must consider and decide the appeal and notify the appellant and the Chief Electoral Officer of the decision.

In terms of section 14(2), the Commission may prescribe a number of important dates related to the general registration of voters. These include, inter alia;

  • The date by which an aspirant voter must have applied for registration as a voter,
  • the date by which the Chief Electoral Officer must have notified a person;
  • of a refusal of registration in terms of section 7; of a name change or a change of residence in terms of section 9; of de-registration in terms of section 10, and of any other amendment to a person's details on the voters' roll, effected by the Chief Electoral Officer;
  • the date by which an appeal in terms of section 13 must be noted;
  • the date by which the Commission must consider and decide an appeal and notify the appellant and the Chief Electoral Officer of its decision.
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Reference

ELECTORAL ACT 73 1998, includes amendments of 2000 and 2003, [www] http://www.elections.org.za/Documents/iec-a6_act.pdf [PDF document, opens new window] (accessed 26 Feb 2010).