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

Chapter 4 : Elections

Part 1 : Voting

36. Hours of voting
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(1)Unless the Commission determines other voting hours for an election in general or for a particular voting station must —
(a)open for voting at 07:00; and
(b)remain open for voting until 21:00, at which time it must close for voting.

[Section 36(1) substituted by section 10  of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]

 

(2)If the Commission determines other voting hours for an election in general or for a particular voting station, the chief electoral officer must widely publicise the determined voting hours.

[Section 36(2) substituted by section 10  of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]

 

(3)No person may  be admitted to a voting station for the purpose of voting, before the voting station has opened for voting or after the voting station has closed for voting.

[Section 36(3) substituted by section 10  of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]

 

(4)[Section 364(4) deleted by section 10  of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]

 

(5)[Section 36(5) deleted by section 10  of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]

 

(6)Voting at a voting station must continue until every voter has voted who—
(a)is entitled to vote at that voting station; and
(b)has reported for voting at that voting  station before the closing time.

[Section 36(6)(b) substituted by section 10  of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]

 

(7)To ensure free and fair elections, the Commission may, on the voting day —
(a)extend voting hours at a voting station until as late as midnight on that voting day; or
(b)temporarily close a voting station for part of voting day if it is temporarily impossible to conduct a free and fair election at that voting station.

[Section 36(7) substituted by section 10  of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]