Electoral Act, 1998 (Act No. 73 of 1998) > Chapter 3 : Proclamation of and Preparations for Elections > Part 5 : Special votes and declaration votes > 33. Special votes in election for National Assembly

[Section 33 heading substituted by section 6 of Notice No. 914, GG 37069, dated 26 November 2013 (Electoral Amendment Act, 2013 (Act No. 18 of 2013))]

(1)	In an election for the National Assembly, the Commission must allow a person to apply for and cast a special vote, prior to election day, if, on election day, that person cannot vote at a voting station in a voting district in which he or she is registered as a voter, due to his or her—

(a)	physical inﬁrmity or disability, or pregnancy;

(b)	absence from that voting district while serving as an officer in the election; or

(c)	being on duty as a member of the security services in connection with the election.

(2)

In an election for the National Assembly, the Commission must allow a person to apply for and cast a special vote, prior to election day, in the voting district in which that person is registered if he or she cannot vote in that voting district on election day, due to his or her intended absence from that voting district.

(3)

In an election for the National Assembly, the Commission must allow a person, who will be outside the Republic on voting day, to cast a special vote if that person’s name appears on the segment of the voters’ roll for persons who are in the Republic, and if that person notifies the chief electoral officer, in the prescribed manner, by no later than the relevant date stated in the election timetable of his or her intention to vote outside the Republic and the location of the South African embassy, high commission or consulate where he or she will cast his or her vote: Provided that the Commission may make special arrangements for security services personnel serving in that capacity outside the Republic.

[Section 33(3) substituted by section 13(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]

(4)

In an election for the National Assembly, the Commission must allow a person to cast a special vote if that person’s name appears on the segment of the voters’ roll for persons ordinarily resident at a place outside the Republic, if that person presents himself or herself to vote at the South African embassy, high commission or consulate on whose segment of the voters’ roll his or her name appears.

[Section 33(4) substituted by section 13(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]

(4A)	In an election for the National Assembly, the Commission must allow a person to cast a special vote if—

(a)	that person’s name appears on the segment of the voters’ roll for persons ordinarily resident at a place outside the Republic;

(b)	that person intends to vote at a specified voting station within the Republic or at a South African embassy, high commission or consulate other than one on whose segment of the voters’ roll his or her name appears; and

(c)	he or she notifies the chief electoral officer in the prescribed manner by no later than the relevant date stated in the election timetable of his or her intention to vote at a specified voting station within the Republic or at a specified South African embassy, high commission or consulate.

[Section 33(4A) inserted by section 13(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]

(5)	Persons contemplated in subsections (3), (4) or (4A) may only cast a vote for the election of the compensatory seats for the National Assembly in terms of Schedule 1A.

[Section 33(5) substituted by section 32 of the Electoral Matters Amendment Act, 2024, Notice No. 4740, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]

(6)	The Commission must prescribe—

(a)	the procedures for applying for special votes in an election for the National Assembly; and

(b)	the procedure, consistent in principle with Chapter 4, for the casting and counting of special votes.

[Section 33 substituted by section 6 of Notice No. 914, GG 37069, dated 26 November 2013 (Electoral Amendment Act, 2013 (Act No. 18 of 2013))]