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Electoral
Act
Modified February
04, 2002
Contents
PART
VII
Objections
to Registration of Voters
25. Objections
by constituency registrar
26. Objections
by voters
27. Hearing
and determination of objections by designated magistrate and procedure
thereon
28. Statement
of case for opinion of judge in chambers
29. Posting
of names of persons objected to
25 Objections
by constituency registrar
(1) If a constituency
registrar has reason to believe that—
(a) a claimant is not entitled to be registered; or (b) a claimant
is not entitled to be registered on the voters’ roll on which he has claimed
to be registered; or (c) a voter registered on a voters’ roll is not
qualified for registration on that voters’ roll;
he shall send to the claimant or voter, as
the case may be, written notice of objection to which a form of notice
of appeal shall be annexed: Provided that no such objection shall be taken
or notice sent during the period between the issue of a proclamation referred
to in section 38 or 39 and the close of polling at the election to
which such proclamation relates.
(2) A notice of objection in terms of
subsection (1) shall be in the prescribed form and shall set forth—
(a) the grounds of objection; and
(b) that, unless notice of appeal is given within a time stated therein,
being not less than seven days, or the constituency registrar, on representations
made by the person to whom the objection relates, withdraws his objection,
the claim will be rejected and the claimant registered on the appropriate
voters’ roll or the voter’s name struck off the voters’ roll, as the case
may be. (3) If—
(a) notice of appeal is not duly given or
is withdrawn or the constituency registrar does not withdraw his objection,
the constituency registrar shall reject the claim, register the claimant
on the appropriate voters’ roll or strike the voter’s name off the voters’
roll, as the case may be; (b) notice of appeal is duly given—
(i) the constituency registrar
shall, unless he withdraws his objection, forthwith set down the objection
for hearing before a designated magistrate of the province in which the
claimant or voter resides; and (ii) the designated magistrate shall appoint
a day and place for the hearing, the day so appointed being not more than
30 days after the date of receipt of the notice of appeal.
(4) The constituency registrar shall give
written notice to the appellant of the day and place appointed for the
hearing.
(5) A notice of appeal shall be accompanied
by the sum of $50 as a deposit. (6) The appellant may withdraw his
appeal on written notice to the constituency registrar and—
(a) if the objection has been set down
in terms of subsection (3) for hearing, the constituency registrar
shall notify the designated magistrate of such withdrawal; and (b) the
sum deposited in terms of subsection (5) shall be forfeited and
the money paid into the Consolidated Revenue Fund unless the constituency
registrar is satisfied that there was good reason for the appeal and
the withdrawal thereof and has authorised the refund of such sum.
26 Objections
by voters
(1) A voter may object
to the retention of any name on the voters’ roll of the constituency in
which he himself is registered. (2) An objection in terms of subsection (1)
shall be— (a) in writing,
setting forth the grounds of the objection; and (b) lodged in duplicate
with the constituency registrar; and (c) accompanied by the prescribed
deposit. (3) If an objection
in terms of subsection (1) is lodged and—
(a) the constituency registrar upholds the objection, he shall give written
notice accordingly to—
(i) the voter who has objected and refund
the whole of the sum deposited in terms of paragraph (c) of subsection (2)
or, where the effect of upholding the objection is to strike the name
of the person to whom the objection relates off the voters’ roll or
to place it on another voters’ roll, refund half such sum; and
(ii) the person to whom the objection
relates, where the effect of upholding the objection is to strike his
name off the voters’ roll or to place it on another voters’ roll:
Provided that if the voter who has objected
returns the sum to the constituency registrar accompanied by a written
notice to the effect that he wishes the objection to be heard, or
if the person to whom the objection relates gives the constituency
registrar notice to the effect that he wishes the objection to be
heard, paragraph (b) shall apply as if the constituency registrar
did not uphold the objection;
(b) the constituency registrar does
not uphold the objection, he shall—
(i) forthwith set down the objection for
hearing before a designated magistrate of the province in which the person
to whom the objection relates resides; and (ii) the designated magistrate
shall appoint a day and place for the hearing, the day so appointed being
not more than 30 days after the date of lodging of the objection.
[Subsection (3) as substituted by s. 3
of Act 2 of 2002.]
(4) The constituency
registrar shall— (a) give
written notice to the person lodging the objection and to the person to
whom the objection relates of the day and place appointed for the hearing;
and (b) send with such notice to the person to whom the objection relates
a copy of the objection, setting forth the grounds thereof.
(5) Notwithstanding anything in this section,
if the constituency registrar receives an objection in terms of subsection (1)
during the period of 30 days immediately prior to the polling day or first
polling day, as the case may be, fixed for an election in the constituency
in which the person to whom the objection relates is registered, he shall
take no action on such objection until after the close of the polling
day or last polling day, as the case may be. (6) A voter who has objected
in terms of this section may withdraw his objection on written notice
to the constituency registrar and—
(a) the constituency registrar shall
notify the person to whom the objection relates and the designated magistrate
of such withdrawal; and
(b) the sum deposited in terms of paragraph (c)
of subsection (2) shall be forfeited to the Consolidated Revenue
Fund unless the constituency registrar is satisfied that there was good
reason for the objection and the withdrawal thereof and has authorised
the refund of such sum; and
(c) no further proceedings shall be
taken in relation to that objection.
27 Hearing
and determination of objections by designated magistrate and procedure
thereon
(1) On the hearing
of an objection in terms of section 25 or 26 by a designated magistrate
the following provisions shall apply—
(a) the person lodging the objection
may appear either in person or by an agent appointed in writing under
his hand; (b) the person to whom the objection relates may—
(i) appear either in person or by
an agent appointed in writing under his hand; or
(ii) forward by post addressed to
the designated magistrate a statement in writing, signed by him and
witnessed by another voter of the same constituency, setting forth
his reasons for his claim or for remaining on the voters’ roll, as
the case may be;
(c) if the person lodging the objection
does not appear as provided in paragraph (a), the designated magistrate
shall disallow the objection unless the person to whom the objection
relates has, in writing, admitted the validity of the objection;
(d) if the person to whom the objection
relates has, in writing, admitted the validity of the objection, the
designated magistrate shall direct the constituency registrar—
(i) in the case of a claim for registration
as a voter, to reject the claim or to register the voter on the correct
voters’ roll;
(ii) in the case of an objection to
a registered voter, to strike his name off the voters’ roll or to
place it on the correct voters’ roll;
(e) if the person lodging the objection
appears as provided in paragraph (a), the designated magistrate
shall hear and determine the objection and may direct the constituency
registrar—
(i) in the case of a claim, to register
the claimant or reject the claim; or
(ii) in the case of an objection to
a registered voter, to retain his name on the voters’ roll, to place
it on the correct voters’ roll or to strike it off the voters’ roll;
as he may think fit;
(f) no grounds of objection shall be
entertained except such as are specifically set forth in the objection
as lodged;
g) if any party to the proceedings appears
by an authorised agent, the designated magistrate may, if he considers
it necessary, adjourn the hearing for the attendance of that party in
person and may make an order requiring his attendance accordingly;
(h) if the designated magistrate holds
that an objection is frivolous or vexatious, he may make such order
as to costs as he thinks fit.
(2) The designated magistrate may order
the forfeiture and the payment into the Consolidated Revenue Fund of—
(a) the sum deposited in terms of subsection (5)
of section 25 if—
(i) the appellant or his duly authorised
agent fails to appear on the date appointed for the hearing and fails
to lodge with the clerk of the court of the designated magistrate,
within 24 hours after that date, a reasonable excuse for such failure
to appear; or
(ii) he has disallowed the appeal
and held that the grounds of appeal were frivolous or vexatious;
(b) the sum deposited in terms of paragraph (c)
of subsection (2) of section 26 if—
(i) the person lodging the objection
does not appear as provided in paragraph (a) of subsection (1)
and the person to whom the objection relates has not in writing admitted
the validity of the objection; or
(ii) he has held that the grounds
of objection were frivolous or vexatious; and
if he makes no such order the deposit shall be returned to the depositor.
28 Statement
of case for opinion of judge in chambers
(1) If, on the
hearing of an objection in terms of section 25 or 26—
(a) the nature of the claim or objection
is such that the designated magistrate is doubtful as to the proper
decision to be given upon it, he may draw up a statement of the facts
and state a question for decision and shall sign it; or
(b) a party to the proceedings so requests,
the designated magistrate shall draw up a statement of the facts and
state a question for decision and sign it and such statement shall be
signed by the party at whose request it is made; and
the designated magistrate shall transmit the statement to the registrar
of the High Court to be laid before a judge in chambers.
(2) Where a case is laid before a judge
in terms of subsection (1), the person lodging the objection and
the person to whom the objection relates and any other party interested
shall be entitled to be heard in person or represented by a legal practitioner
in argument upon the question stated in the case.
(3) The judge before whom a case is laid
in terms of subsection (1)—
(a) may call for further information,
if he thinks fit, from the designated magistrate who transmitted it;
and
(b) shall give such decision thereon
as appears to him right and proper; and
there shall be no appeal from the decision of the judge. (4) Where
a case has been transmitted at the request of a party in terms of paragraph (b)
of subsection (1), the judge may make such order as to costs as
he thinks fit.
29 Posting
of names of persons objected to
The name of every
person whose registration is objected to shall be publicly exhibited outside
the court of the designated magistrate who is to hear and determine the
objection and at such other place or places as the constituency registrar
may direct and shall be maintained there until the objection is so heard
and determined.
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