Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 7 : Party Agents and Candidates37. Powers and duties of agents |
| (1) | Whilst observing proceedings in terms of section 59(1) of the Act, an agent must not interfere with the proceedings but may lodge objections with or bring any alleged irregularities to the attention of the presiding officer. |
| (2) | The presiding or any other officer in a voting station must allow at least one of the agents present in the voting station to observe proceedings at each of the following three points: |
[Words preceding regulation 37(2)(a) substituted by section 26(26.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (a) | The point where voters submit their identity documents for the purpose of marking off their names on the voters' roll. |
| (b) | The point where ballot papers are handed over to voters. |
| (c) | The point where voters' hands are marked with an indelible ink. |
| (3) | [Regulation 37(3) deleted by section 26(26.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024] |
| (4) | Agents will be accommodated as set out above on a rotational basis agreed upon amongst themselves, or should they fail to so agree, as directed by the presiding officer or deputy presiding officer. |
[Regulation 37(4) substituted by section 26(26.3) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (5) | The allocation of agents as set out above must be in a manner that ensures all parties and independent candidates have an equitable opportunity of observing the processes. |
[Regulation 37(5) substituted by section 26(26.4) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
[Regulation 37 substituted by section 2 of Notice 1206 of 2008, GG 31454, dated 26 September 2008]