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Electoral
Act
Modified February
04, 2002
Contents
PART
V
Residence
Qualifications of Voters
20. Residence
qualifications
20 Residence
qualifications
(a1) In this
section and section 21—
"proof of
identity" means a passport, identity document issued in terms
of section 7 of the National Registration Act [Issue of identity
documents] [Chapter 10:17] or drivers licence issued
in terms of the Road Traffic Act [Chapter 13:11];
"proof
of qualification as a voter" means a passport or identity document
issued in terms of section 7 of the National Registration Act [Issue
of identity documents] [Chapter 10:17];
"proof of
residence", in relation to a constituency, means proof by way
of—
(a) a receipt
or demand for payment of any rate in terms of the Urban Councils Act
[Chapter 29:15], rate or levy in terms of the Rural District
Councils Act [Chapter 29:13], or charge for the provision
of electricity, in the name of the owner of the property concerned
or (in the case of an occupier other than the owner, such a receipt
or demand in the name of the owner accompanied by a written statement
of the owner confirming the occupation of the property by the occupier);
or
(b) a sworn statement
by the employer of the voter or claimant confirming the voter’s or claimant’s
address; or (c) a sworn statement by the voter or claimant confirming
his or her address or place of residence; or (d) a bank statement,
hospital bill or envelope with a post marking, bearing the name of the
voter or claimant and the voter’s or claimant’s address, or such other
proof of residence as may be prescribed; or (e) a verbal or written
statement of the name of the chief, headman and, if applicable, village
head of the area and village where the voter or claimant resides.
[Subsection (a1) as inserted by s. 3
of Act 2 of 2002.]
(1) In order to have
the requisite residence qualifications to be registered as a voter in a
particular constituency, a claimant must be resident in that constituency
at the date of his claim: Provided that, if a claimant satisfies the Registrar-General
that, for reasons related to his place of origin, political affiliations
or otherwise, it is appropriate for the claimant to be registered as a voter
in a constituency in which he is not resident, the claimant may be registered
as a voter in that constituency. (2) For the purposes of subsection (1),
a claimant shall be deemed to be residing in a constituency while he is
absent therefrom for a temporary purpose. (3) A voter who is registered
on the voters’ roll for a constituency, other than a voter who has been
registered in that constituency in terms of the proviso to subsection (1),
shall not be entitled to have his name retained on such roll if, for a continuous
period of 12 months, he has ceased to reside in that constituency. Provided
that nothing in this subsection shall prevent his name from being struck
off such voters’ roll—
(a) on his being registered in another
constituency; or (b) if he becomes disqualified for registration as
a voter.
(4) The Registrar-General or any constituency
registrar may demand from any voter who is registered on the voters’ roll
for a constituency proof of identity, proof of qualification as a voter,
proof of residence in that constituency or all or any combination of the
foregoing.
[Subsection (4) as inserted by s. 3
of Act 2 of 2002.]
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