Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 2 : Registration of Voters' and Voters' Roll

16. Publication and copies of voters' roll

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( 1) A copy of the voters' roll as it exists at any time must be available for inspection during office hours at the Commission's head office, and the provincial and municipal segments of the voters' roll must be available for inspection at the times and venues mentioned in a notice published by the chief electoral officer in the Government Gazette.

 

(2) The chief electoral officer must provide a certified copy of, or extract from, a segment of the voters’ roll as it exists at that time, to any person who has paid the prescribed fee, if the chief electoral officer is satisfied that—
(a) the person requires that information—
(i) to monitor the voters’ roll for election purposes;
(ii) for statistical or research purposes; or
(iii) any other purpose that is prescribed; and
(b) providing that information would not involve the unlawful processing of personal information in terms of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).

[Section 16(2) substituted by section 8(a) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]

 

(2A) Any person who uses the information obtained under subsection (2), for a purpose other than that specified in that subsection, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year or to both a fine and such imprisonment.

[Section 16(2A) inserted by section 8(b) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]

 

(3)Notwithstanding subsection (2), the chief electoral officer must, on payment of the prescribed fee, provide copies of the voters’ roll, or a segment thereof, which includes the addresses of voters, where such addresses are available, to a registered party and an independent candidate contesting the elections.

[Section 16(3) substituted by section 8(c) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]

 

(4)The information obtained in terms of subsection (3) may only be used by a registered party and an independent candidate for election purposes and any person using such information for other purposes is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year or to both a fine and such imprisonment.

[Section 16(4) substituted by section 8(d) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]

 

(5)For the purposes of subsections (2) and (3), the chief electoral officer may only provide the digits of the identity numbers of voters, which indicate the voters’ date of birth and citizenship, except where the person who requires the information satisfies the chief electoral officer that—
(a) exceptional circumstances require that additional digits of the voters’ identity number be disclosed; and
(b) providing that information would not involve the unlawful processing of personal information in terms of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).

[Section 16(5) inserted by section 8(e) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]