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Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 3 : Proclamation of and Preparations for Elections

Part 5 : Special votes and declaration votes

33. Special votes in election for National Assembly

[subsection 33 heading substituted by No. 6 of Act No. 18 of 2013 Government Gazette 37069]

 

 

(1) In an election for the National Assembly, the Commission must allow a person to apply for and cast a special vote, prior to election day, if, on election day, that person cannot vote at a voting station in a voting district in which he or she is registered as a voter, due to his or her—
(a) physical infirmity or disability, or pregnancy;
(b) absence from that voting district while serving as an officer in the election; or
(c) being on duty as a member of the security services in connection with the election.

 

(2) In an election for the National Assembly, the Commission must allow a person to apply for and cast a special vote, prior to election day, in the voting district in which that person is registered if he or she cannot vote in that voting district on election day, due to his or her intended absence from that voting district.

 

(3) In an election for the National Assembly, the Commission must allow a person, who is outside the Republic, to apply for and cast a special vote if that person’s name appears on the segment of the voter’s roll for persons who are in the Republic, if that person notifies the Commission within 15 days after the proclamation of the date of the election of his or her intention to vote outside the Republic and the location of the South African embassy, high commission or consulate where he or she will cast his or her vote: Provided that the Commission may make special arrangements for security services personnel serving in that capacity outside the Republic.

 

(4) In an election for the National Assembly, the Commission must allow a person to apply for and cast a special vote if that person’s name appears on the segment of the voter’s roll for persons ordinarily resident at a place outside the Republic, if that person notifies the Commission within 15 days after the proclamation of the date of the election of his or her intention to vote outside the Republic and the location of the South African embassy, high commission or consulate where he or she will cast his or her vote.

 

(5)        For the purposes of Schedule 1A, votes cast in accordance with subsections (3) and (4) shall be counted as votes cast nationally.

 

(6)        The Commission must prescribe

(a)        the procedures for applying for special votes in an election for the National Assembly; and

(b)        the procedure, consistent in principle with Chapter 4, for the casting and counting of special votes.

 

[Section 33 substitution by No. 6 of Act No. 18 of 2013 Government Gazette 37069]