Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 3A : Special Votes in an Election for the National Assembly10. Notice of intention to cast a special vote outside the Republic |
[Regulation 10 heading substituted by section 6(6.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024]
| (1) | Persons referred to in subregulation 6(3) who want to vote outside the Republic on a date designated for that purpose in the election timetable, must notify the Commission of their intended absence from the Republic on voting day, their intention to vote on the date designated for special votes in the election timetable, and the location of the place where they will cast their vote, which must be a place referred to in subregulation (3), and must do so by— |
[Words preceding Regulation 10(1)(a) by section 6(6.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024]
| (a) | submitting or causing to be submitted an application electronically to the chief electoral officer through the website by the relevant date set in the election timetable; or |
[Regulation 10(1)(a) by section 6(6.3) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024]
| (b) | [Regulation 10(1)(b) deleted by section 6(6.4) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024] |
| (2) | [Regulation 10(2) deleted by section 6(6.5) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024] |
| (3) | The places where such a person can apply for and cast a special vote are at any South African embassy, high commission or consulate abroad. |
| (4) |
| (a | Upon the receipt of a notice referred to in subregulation (1) the Chief Electoral Officer must consider the application and, if satisfied that the person is registered as a voter on the voters' roll certified for the election, approve the application and, if not, reject it. |
| (b) | The applicant must be notified of the outcome of the application by the most convenient method available, including short message system (SMS) or electronic mail as soon as possible but not later than two days before voting day. |
| (c) | The Chief Electoral Officer must provide the special voting officer of the embassy, high commission or consulate abroad with a list of voters whose applications to cast a special vote at that mission have been approved. |
[Regulation 10(4) substituted by section 6.3 of Notice No. 371, GG 42289, dated 6 March 2019]
| (5) | The commanding officer of units of security personnel serving in that capacity outside the Republic may notify the Chief Electoral Officer of the persons attached to that unit's intention to apply for and cast special votes outside the Republic. |
[Regulation 10(5) substituted by section 6.4 of Notice No. 371, GG 42289, dated 6 March 2019]
| (6) | The head of each South African embassy, high commission, or consulate abroad shall in consultation with the chief electoral officer designate in writing an employee to be the special voting officer. |
[Regulation 10(6) inserted by section 6.5 of Notice No. 371, GG 42289, dated 6 March 2019]
| (7) | If the application contemplated in subregulation (1) has been approved as contemplated in subregulation (4)(a) and— |
| (a) | the applicant produces his or her identity document to the special voting officer; and |
| (b) | the special voting officer is satisfied that the applicant is the person described in that identity document, |
the applicant’s hand is marked in the manner described in regulation 18 and he or she is handed a ballot paper, marked on the back for that election.
[Regulation 10(7)(a) and (b) substituted by section 7(7.1) and (7.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (8) | The applicant must be allowed to mark the ballot paper in secret and to place and seal it in an unmarked envelope identified for this purpose which is in turn placed and sealed in another envelope which is marked on the outside with the applicant’s name, identity number and the name of the South African embassy, high commission or consulate where the vote was cast. |
[Regulation 10(8) substituted by section 7(7.3) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (9) | The special voting officer must, as soon as the last applicant has voted, package and securely seal all the marked envelopes together with a record of all persons who have cast votes at the mission or location concerned, and send the package as promptly and securely as possible to the Chief Electoral Officer. |
[Regulation 10(9) inserted by section 6.5 of Notice No. 371, GG 42289, dated 6 March 2019]
| (10) | The Chief Electoral Officer must, upon receipt of the packages, keep them in safe custody until the close of voting stations on voting day when— |
| (a) | the packages are opened in the presence of agents; |
| (b) | each envelope is scrutinized against the list of approved special voters generated by the Chief Electoral Officer in conjunction with the voters’ roll; |
| (c) | the votes that are accepted as regularly cast, must be counted; and |
| (d) | the total number of votes counted for each party are added to the total numbers of votes counted for that party. |
[Regulation 10(10)(a) substituted by section 7(7.4) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (11) | Votes and packages received after 21h00 on voting day are listed and kept in safe custody but are not counted, except upon the order of a competent authority. |
[Regulation 10(11) inserted by section 6.5 of Notice No. 371, GG 42289, dated 6 March 2019]
[Regulation 10 substituted by section 2 of Notice No. R. 968, GG 37132, dated 6 December 2013]