Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 4 : Voting19. Objections concerning voting |
(1) An agent or a voter wishing to object in terms of section 41(2) or (3) of the Act—
| (a) | [Regulation 19(1)(a) deleted by section 14.1 of Notice No. 371, GG 42289, dated 6 March 2019]; |
| (b) | to a voter being refused a ballot paper; or |
| (c) | to any other conduct of an officer, an agent, or any other persons present at a voting station, |
must do so by handing to the presiding officer at the time of the occurrence a written objection in a form substantially similar to Appendix 5.
[Regulation 19(1) substituted by section 14.1 of Notice No. 371, GG 42289, dated 6 March 2019]
| (2) | The presiding officer must summarily investigate the factual circumstances underlying the Objection, and may for this purpose also direct verbal enquiries to anyone that may be able to assist. |
| (3) | The presiding officer must thereafter decide the objection, endorse his or her decision on the written objection and thereafter verbally inform the objector and any other parties involved in the objection of his or her decision. |
| (4) | An agent wishing to object in terms of section 41(1) to a voter being entitled to vote on the grounds contemplated in section 41(1A) must do so by handing to the presiding officer at the time of the occurrence a written objection in a form substantially similar to Appendix 5A, which must— |
| (a) | contain detailed reasons for the objection; and |
| (b) | attach such documents as are necessary to substantiate the basis of such objection. |
[Regulation 19(4) inserted by section 14.2 of Notice No. 371, GG 42289, dated 6 March 2019]
| (5) | If an agent objects to a voter contemplated in subregulation (4), 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) and the procedure set out in regulation 18A(3) and (4), with such changes as may be required by the context, shall be followed. |
[Regulation 19(5) inserted by section 17 of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]