Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 3A : Special Votes in an Election for the National Assembly8. Physical infirmity or disability or pregnancy: Voting outside voting district |
| (1) | An applicant referred to in regulation 6(1)(a) who wants to vote in a voting district where he or she is not registered as a voter, may apply for a special vote by— |
| (a) | delivering or causing to be delivered to the municipal electoral officer of the municipality in which the voting district where the vote will be cast is situated, by not later than the relevant date or dates stated in the election timetable, a written application in a form substantially similar to Appendix 1A; or |
| (b) | submitting or causing to be submitted by no later than the date stated in the election timetable, an application electronically to the chief electoral officer through the website. |
[Regulation 8(1)(a)(b) substituted by section 4(4.1)(4.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024]
| (2) | The chief electoral officer or an officer designated by him or her must consider such an application and if he or she is satisfied that— |
| (a) | the applicant is registered as a voter; and |
| (b) | cannot vote at the voting station where he or she is registered as a voter or by special vote in the voting district where he or she is registered as a voter due to physical infirmity or disability, or pregnancy, approve the application and if not, reject it. |
[Regulation 8(2) substituted by section 4.2 of Notice No. 371, GG 42289, dated 6 March 2019]
| (3) | 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. |
[Regulation 8(3) substituted by section 4.3 of Notice No. 371, GG 42289, dated 6 March 2019]
| (4) | The chief electoral officer must provide the presiding officer of each voting district with a list of voters in that voting district whose applications in terms of subregulation (1) have been approved. |
[Regulation 8(4) substituted by section 4.4 of Notice No. 371, GG 42289, dated 6 March 2019]
| (5) | The presiding officer causes the applicant to be visited by at least two voting officers, at an address within that voting district, specified in the application, on the date or dates stated in the election timetable, and— |
| (a) | on production of the applicant's identity document; and |
| (b) | if the voting officers are satisfied that the applicant is the person described in that identity document, the applicant's hand is marked in the manner prescribed in regulation 18 and he or she is handed a ballot paper, marked on the back for that election. |
[Regulation 8(5)(b) substituted by section 5(5.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (6) | The applicant is 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 voting district number. |
| (7) | The voting officers must take the marked envelope to the office of the presiding officer in whose area the vote was cast, where the envelope is placed and securely kept in a sealed ballot box for special votes. |
| (8) | The presiding officer referred to in subregulation (7) must immediately inform the presiding officer of the voting station where the applicant is registered on the voters' roll, either directly or via the municipal electoral officer of that area, that the applicant has cast a special vote and that presiding officer must mark his or her name on the voters' roll with the letters SV and the number of the voting district and municipality where the applicant has voted. |
| (9) | [Regulation 8(9) deleted by section 5(5.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]. |
[Regulation 8 substituted by section 2 of Notice No. R. 968, GG 37132, dated 6 December 2013]