Electoral Act, 1998 (Act No. 73 of 1998)Chapter 4 : ElectionsPart 1 : Voting41. Objections concerning voting |
| (1) | Subject to subsection (1A), at any time before a voter has been handed a ballot paper, an agent may object to that voter being entitled to vote or to vote at the voting station concerned. |
[Section 41(1) substituted by section 14(a) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (1A) | Where a voter’s name appears on the relevant segment of the voters’ roll concerned, an objection to that voter in terms of subsection (1) may only be made where— |
| (a) | it is based on the contention that the voter was included on the relevant segment of the voters’ roll due to fraud; or |
| (b) | exceptional circumstances exist which justify the objection being made outside the objection period prescribed in terms of section 14(2)(f). |
[Section 41(1A) inserted by section 14(b) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (2) | An agent, or the voter concerned, may object if the voter is refused a ballot paper. |
| (3) | An agent, or a voter, may object to any conduct, other than that mentioned in subsection (1), (1A) or (2), of an officer, an agent, or any other person present at a voting station. |
[Section 41(3) substituted by section 14(c) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (4) | An objection in terms of subsection (1), (1A) (2) or (3) must be made to the presiding officer in the prescribed manner. |
[Section 41(4) substituted by section 14(c) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (5) | The presiding officer, in the prescribed manner, must, except for an objection in terms of subsection (1A), decide the objection and notify the objector and any other parties involved in the objection, of the decision. |
[Section 41(5) substituted by section 14(c) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (5A) | Where an objection is made in terms of subsection (1A)— |
| (a) | the presiding officer must, in the prescribed manner, allow the voter concerned to vote but deal with the vote as if it were a special vote in terms of section 33 or 33A; and |
| (b) | the matter must be decided by the Commission as if it were an appeal in terms of subsection (6). |
[Section 41(5A) inserted by section 14(d) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (6) | An appeal against the decision of the presiding officer may be noted with the Commission in the prescribed manner and time. |
| (7) | The presiding officer must keep a written record in the prescribed manner of each objection and decision made in terms of this section. |