Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 6 : Counting of VotesPart 1 : Counting of votes at voting station26. Objections and appeals concerning sorting of ballot papers |
| (1) | An objection to the counting officer in terms of section 48(1) and (2) of the Act to any alleged irregularity in the sorting of ballot papers must be made in writing in a form substantially similar to Appendix 6 and it must be made before the commencement of the process contemplated in regulation 25(d). |
[Regulation 26(1) substituted by section 19(19.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (2) | The counting officer must summarily investigate the factual circumstances underlying the objection, and may for this purpose also direct enquiries to any person that may be able to assist. |
| (3) | The counting officer must thereafter decide the objection, endorse his or her decision on the written objection and thereafter verbally inform the objector and other interested persons involved in the objection of his or her decision. |
[Regulation 26(3) substituted by section 19(19.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (4) | A person wishing to appeal to the Commission against the decision of the counting officer in terms of section 48(3) of the Act, must do so by way of a written notice, served on the Commission at its offices in Pretoria by not later than 21:00 on the second day after the voting day, indicating the section of the Act in terms of which the appeal is brought and giving full particulars of the parties involved, the alleged irregularity objected to, the decision of the counting officer and the reasons for the appeal. |