Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)Chapter 5 : Voting51. Objections concerning voting |
| (1) | Subject to subsection (1A), at any time before a voter has been handed a ballot paper, an agent or ward candidate may object to that voter being allowed to vote or to vote at the voting station concerned. |
[Section 51(1) substituted by section 20(a) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (1A) | Where a voter's name appears on the relevant segment of the voters' roll concerned, an objection to that voter in terms of subsection (1) may only be made where— |
| (a) | it is based on the contention that the voter was included on the relevant segment of the voters' roll due to fraud; or |
| (b) | exceptional circumstances exist which justify the objection being made outside the period referred to in terms of section 11(3). |
[Section 51(1A) inserted by section 20(b) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (2) | An agent or ward candidate, or the voter concerned, may object if the voter is refused a ballot paper. |
| (3) | An agent or ward candidate, or a voter, may object to any conduct, other than that mentioned in subsection (1), (1A) or (2), of an officer, an agent, or any other person present at a voting station. |
[Section 51(3) substituted by section 20(c) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (4) | An objection in terms of subsection (1), (1A), (2) or (3) must be made in writing on a prescribed form and handed to the presiding officer concerned. |
[Section 51(4) substituted by section 20(c) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (5) | The presiding officer must, except for an objection raised in terms of subsection (1A), summarily investigate the factual circumstances underlying the objection, and may for that purpose also direct verbal enquiries to anyone that may be able to assist. |
[Section 51(5) substituted by section 20(c) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (6) | After having investigated the objection,other than an objection in terms of subsection (1A), the presiding officer must— |
[Words preceding section 51(6)(a) substituted by section 20(d) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (a) | decide the objection; |
| (b) | record the decision on the written objection; and |
| (c) | verbally inform the objector and any other parties involved in the objection of the decision. |
| (6A) | Where an objection is raised in terms of subsection (1A)— |
| (a) | the presiding officer must, in the prescribed manner, allow the voter concerned to vote but deal with the vote as if it were a special vote in terms of section 55; and |
| (b) | the matter must be decided by the Commission as soon as it is reasonably practical before declaring the results. |
[Section 51(6A) inserted by section 20(e) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (7) | The presiding officer must keep a written record of each objection and decision taken in terms of this section. |