South Africa: Electoral Act (continued)

Objections to the voters' roll

Section 15 of the Act makes provision for an objection to be lodged, by any person, with the Commission, against the exclusion from, or the inclusion of a person's name in a segment of the voters' roll. An objection may also be raised against the correctness of a person's details. A person who intends to object to another person's details on the above grounds must notify the other person of the intended objection.

The Commission must, subject to the provisions of section 15 (3), decide the objection and must inform of its decision the person who lodged the objection, the Chief Electoral Officer and, when appropriate, the person against whom the objection was lodged.

The Chief Electoral Officer must give effect to the Commission's decision within three days. No appeal may be brought against the Commission's decision, subject to section 20 (2)(a) of the Electoral Commission Act 51 of 1996.

Section 20(2)(a) of this Act provides: 'The Electoral Court may hear and determine an appeal against any decision of the Commission only in so far as such decision relates to the interpretation of any law or any other matter for which an appeal is provided for by law.'

Publication and copies of the voters' roll

A copy of the voters' roll must be available for inspection during office hours at the Commission's head office. The provincial and municipal segments of the voters' roll must be made available at times and venues to be published by the Chief Electoral Officer by notice in the Government Gazette.

According to section 16(2) it is possible, upon payment of the prescribed fee, for a person to obtain a certified copy of or extract from a segment of the voters' roll.

Special votes

Section 33 of the Act permits the Commission to allow a person to apply for a special vote if that person cannot vote at a voting station in the voting district in which the person is registered as a voter, due to that person's-

  • Physical infirmity or disability, or pregnancy;
  • Absence from South Africa on Government service;
  • Membership of a household of a person who is away from South Africa; or
  • Absence from a person's voting district while serving as an officer in the election concerned;
  • Absence from a person's voting district while on duty as a member of the security services in connection with the election.

The Commission is empowered by the Act to prescribe other categories of people who may apply for special votes.

The Act requires the Commission to set a procedure for applying for special votes, and a procedure for the casting and counting of special votes.

Declaration Votes

According to section 34 of the Act, the Commission has the discretion to prescribe circumstances in and conditions on which a person who unforeseeably and avoidably is unable to vote in the voting district in which he or she is registered, may vote in another place.

The procedures for applying for declaration votes, and the procedures for casting and counting of these votes may be prescribed by the Commission.

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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).