Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 3A : Special Votes in an Election for the National Assembly9. Election officers, security services members and voters' intended absence from voting district on voting day |
[Regulation 9 heading substituted by section 5(5.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024]
| (1) | A person referred to in subregulation 6(1)(b), (c) or subregulation 6(2) may apply for a special vote by— |
| (a) | handing a written application in a form substantially similar to Appendix 1B, or by causing such application to be handed, to the municipal electoral officer of the municipality in which that person is registered as a voter during office hours on the date or dates stated in the election timetable; |
| (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; or |
| (c) | by sending an SMS containing the voter’s identity number to the chief electoral officer by no later than the date or dates stated in the election timetable. |
[Regulation 9(1)(a)(b) substituted by section 5(5.2)(5.3) of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024
| (2) | [Regulation 9(2) deleted by section 5.2 of Notice No. 371, GG 42289, dated 6 March 2019] |
| (3) | The chief electoral officer or an officer designated by him or her must consider every application received and if he or she is satisfied that— |
| (a) | the applicant is registered as a voter in that voting district; and |
| (b) | cannot vote at that voting station in that voting district due to the applicant's absence from the voting district while serving as an officer in the election, or while on duty as a member of the security services in connection with the election or due to his or her intended absence from that voting district, |
approve the application and if not, reject the application.
[Regulation 9(3)(a) substituted by section 6(6.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (4) | The applicant must be notified of the outcome of the application by the most convenient method available, including short message system (SMS) and electronic mail as possible but not later than two days before voting day. |
[Regulation 9(4) substituted by section 5.4 of Notice No. 371, GG 42289, dated 6 March 2019]
| (4A) | 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 9(4A) inserted by section 5.5 of Notice No. 371, GG 42289, dated 6 March 2019]
| (5) | If the application is approved and— |
| (a) | the applicant produces an identity document to the presiding officer or voting officer; and |
| (b) | if the presiding officer or voting officer is satisfied that the applicant is the person described in that identity document, |
[Words following Regulation 9(5)(b) substituted by section 6(6.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
the presiding officer marks the voters' roll with the letters SV against the applicant's name and 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.
| (6) | The applicant must be allowed to mark the ballot paper in secret and to place and seal it in an unmarked envelope 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 envelope is placed and securely kept in a sealed ballot box for special votes, after the applicants name on the voters' roll has been marked with the letters SV to indicate that he or she has cast a special vote. |
| (8) | [Regulation 9(8) deleted by section 6(6.3) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]. |
| (9) | The head of each South African embassy, high commission, or consulate abroad or an employee designated by him or her in writing, shall be a special voting officer. |
(10)
| (a) | Where a person referred to in regulation 6(b) and in regulation 9(1) is a member of the South African security services deployed on a South African National Defence Force peace keeping or other mission outside the Republic and it is impractical for that person to apply for a special vote to a special voting officer at a South African embassy, high commission or consulate, that person may so apply to a special voting officer, appointed for this purpose by the Chief Electoral Officer elsewhere other than at an embassy, high commission or consulate. |
| (b) | In such a case the provisions of subregulations (1) to (8) of this regulation, adjusted as may contextually be necessary, apply. |
[Regulation 9(10) inserted by section 2 of Notice No. R.217, GG26058, dated 16 February 2004]
[Regulation 9 substituted by regulation 2 of Notice No. R. 968, GG 37132, dated 6 December 2013]