Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 4 : Voting18A. Voting procedure for a voter in respect of regional and provincial ballots whose address is not recorded on the voters' roll |
[Regulation 18A heading substituted by section 16(16.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (1) | If a voter intends to cast a regional or a provincial ballot and the voter’s name appears in the segment of the voters’ roll for the relevant voting district, but the voter has no address recorded on the voters’ roll or the voter’s address appearing on the voter’s roll is incomplete or inadequate, the voter concerned shall, in addition to the compensatory ballot, be entitled to cast a regional and provincial vote at that voting station provided that— |
[Words preceding regulation 18A(1)(a) substituted by section 16(16.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (a) | the voter provides his or her address, or the details of his or her place of ordinary residence, to the presiding officer or voting officer; and |
| (b) | the presiding officer or voting officer determines, in the presence of agents, that the voter’s address or place of ordinary residence as provided in terms of subregulation (1)(a) is located within the province in respect of which the voter intends to cast a regional or provincial ballot, as the case may be. |
[Regulation 18A(1)(b) substituted by section 16(16.3) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (2) | If the presiding officer or voting officer determines that the voter’s address or place of ordinary residence as provided in terms of subregulation (1)(a) is located within the province or region in respect of which the voter intends to cast a provincial or regional ballot, the voter concerned shall in addition to the national ballot for the National Assembly, be allowed to cast a provincial or regional ballot, as the case may be, in terms of section 38 of the Act. |
[Regulation 18A(2) substituted by section 16(16.4) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (3) | If an agent objects to a voter contemplated in subregulation (2) being entitled to cast a regional or a provincial ballot in terms of section 41(1A), the voter concerned must be handed and allowed to mark the ballot paper in secret as if it is a special vote contemplated in subregulation 15(6), provided that— |
[Words preceding regulation 18A(3)(a) substituted by section 16(16.5) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (a) | the outer envelope as contemplated in regulation 15(6) is marked on the outside with the voter’s name, identity number, voting district number and the address or place of ordinary residence provided by that voter in terms of subregulation (1)(a); |
| (b) | the outer envelope is marked “DISPUTED”; and |
| (c) | the marked envelope is placed in the ballot box but is not counted until the Commission decides the objections. |
| (4) | Once the Commission decides the objections contemplated in subregulation (3), the disputed votes are opened in the presence of agents and— |
[Words preceding regulation 18A(4)(a) substituted by section 16(16.6) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (a) | the ballot papers must be scrutinized to ascertain whether any of them must be rejected for a reason mentioned in section 47(3) of the Act; |
| (b) | the rejected ballot papers, if any, are filed separately; |
| (c) | the ballot papers cast by voters who the Commission has determined to be ordinarily resident in the province and region concerned are counted, and the total number of votes for each party and independent candidate are recorded in that election; and |
[Regulation 18A(4)(c) substituted by section 16(16.7) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (d) | the designated official must keep a separate record of the results of the votes counted and rejected in terms of subregulation (5)(a) and (b). |
[Regulation 18A inserted by section 13 of Notice No. 371, GG 42289, dated 6 March 2019]