Electoral Act, 1998 (Act No. 73 of 1998)Chapter 6 : AdministrationPart 4 : Appointment of officers, additional persons and institutions, and their powers and duties73. Powers and duties of presiding officers |
| (1) | The presiding officer of a voting station must co-ordinate and supervise the voting at that voting station so as to ensure that the election at the voting station is free and fair. |
| (2) | The presiding officer— |
| (a) | may exercise the powers and must perform the duties assigned to a presiding officer by or under this Act; |
| (b) | must take all reasonable steps to ensure orderly conduct at that voting station; and |
| (c) | may order a member of the security services to assist in ensuring orderly conduct at that voting station, and that member must comply with that order. |
| (3) | The presiding officer may exclude from the area within the boundary of a voting station any person other than— |
| (a) | a member, employee or officer of the Commission, or the chief electoral officer; |
| (b) | an agent who is entitled in terms of section 59 to be present at a voting station; |
| (c) | the prescribed number of candidates as the presiding officer may allow; |
| (d) | a person appointed by an accredited observer; |
| (e) | a voter present for the purpose of casting a vote; and |
| (f) | any other person or category of persons authorised by the chief electoral officer to be present at the voting station. |
| (4) |
| (a) | Despite subsection (3), the presiding officer may order any person mentioned in subsection (3)(b) to (j) to leave the area within the boundary of the voting station if that person's conduct is not conducive to a free and fair election at that voting station. |
| (b) | The presiding officer must give that person reasons for an order in terms of paragraph (a). |
| (5) | If a person refuses to comply with an order in terms of subsection (4), the presiding officer may order a member of the security services to forcibly remove that person, and that member must comply with that order. |
| (6) | The deputy presiding officer of a voting station must act as presiding officer whenever— |
| (a) | the presiding officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the presiding officer; or |
| (b) | the office of presiding officer for that voting station is vacant. |