Electoral Act, 1998 (Act No. 73 of 1998)Chapter 4 : ElectionsPart 1 : Voting39. Assistance to certain voters |
| (1) | The presiding officer or a voting officer, at the request of a voter who is unable to read, must assist that voter in voting in the presence of— |
| (a) | a person appointed in terms of section 85 by an accredited observer, if available; and |
| (b) | two agents, either from different parties or representing different independent candidates, if available. |
[Section 39(1)(b) substituted by section 7 of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
| (2) | A person may assist a voter in voting if— |
| (a) | the voter requires assistance due to a physical disability, including blindness or other visual impairment; |
[Section 39(2)(a) substituted by section 12 of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]
| (b) | the voter has requested to be assisted by that person; and |
| (c) | the presiding officer is satisfied that the person rendering assistance has attained the age of 18 years and is not an agent or a candidate. |
[Section 39(2)(c) substituted by section 12 of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]
| (3) | The secrecy of voting contemplated in section 38 must be preserved as far as possible in the application of this section. |
[Section 39(3) substituted by section 12 of Notice No. 1641, GG 25687, dated 6 November 2003 (Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003))]