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regulations amendment SI 58 of 1992 (updated 20th August, 2004)
The Electoral Regulations
have been amended by Statutory Instrument 175 of Friday 20th August 2004.
- Section 6 is amended
to specify the new nomination deposits.
- Section 14 is amended
giving the prices of constituency and ward voters rolls.
6. The deposit on
nomination of a candidate for election
(a) as a member
of Parliament in terms of subsection (1) of section 47of the Act shall
be a sum of one hundred thousand dollars in cash;2
(b) to the office
of President in terms of subsection (1) of section 96 of the Act shall
be a sum of two hundred thousand dollars in cash.3
Copies of the printed roll for any constituency or ward may be obtained
from the offices of the Registrar-General upon payment of a fee of one
hundred thousand dollars in the case of a constituency voters roll, or
three thousand five hundred dollars in the case of a ward voters roll.4
of constituency registrars and polling officers when rolls printed
In this section-
"tendered ballot paper" means a ballot paper referred to in
"tendered votes list" means a list referred to in paragraph
(c) of subsection (6).
(2) Where the Registrar-General has made a declaration in terms of subsection
(4) of sec-tion 187 of the Act
for the purposes of an election, this section shall apply in relation
to that election.
(3) The Registrar-General shall arrange for every constituency registrar
and presiding offi-cer to be furnished with a copy of the rolls for that
election and every constituency registrar and presiding officer shall
(a) permit every
candidate to have access to a copy of the rolls for that election; and
(b) if a copy of the rolls for that election is requested by a candidate
(i) permit him
to reproduce a copy of the rolls for that election; or
(ii) make available to him a copy of the rolls for that election;
for the personal
use and possession of such candidate, whichever course the constitu-ency
registrar or presiding officer considers expedient in the circumstances.
the election, the presiding officer may himself, and if so required by
a candidate or his election agent shall, before allowing a person to vote
(a) require the
person to exhibit a passport, identity document issued in terms of section
7 of the National Registration Act [Chapter 10:17] or driver's
licence issued in terms of the Road Traffic Act [Chapter 13:11]
bearing the national identification number of the person;
(b) put to him all or any of the following questions but no other
(i) Are you the
person whose name appears as A.B. and whose address appears as C.D.
on the roll of voters now shown to you?
(ii) Have you already voted at a polling station or by post at this
election in this or any other constituency?
(iii) Have you received a postal ballot-paper to enable you to vote
by post at this election?
and if the person
A. comply with paragraph
B. answer the question set out in subparagraph (i) paragraph (b) distinctly
and absolutely in the affirmative and the questions set out in subpara-graphs
(ii) and (iii) of paragraph (b) distinctly and absolutely in the negative;
he shall not be handed a ballot-paper:
(a) no voter shall
be disqualified from voting solely on the grounds that his answer to
the question set out in subparagraph (i) of paragraph (b) indicates
that he has changed his name or address or both;
(b) in the case of a change of name, the voter may be asked to produce
proof of the same in the form of an affidavit, deed poll or notice of
change of name in the Gazette9
(5) The presiding
officer at the polling-station shall ascertain, by reference to the roll
for the constituency, that the person claiming to vote is a person enrolled
on that roll and, having ascertained that he is so enrolled and his number
on the roll, he shall
(a) mark the ballot-paper
with the official mark and hand it to the person claiming the vote;
(b) draw a line through the number and surname of the voter on the roll
as evidence that the voter has received a ballot-paper.
(6) If a person representing
himself to be a particular voter applies for a ballot paper and a line
has been drawn on the roll through the number and surname of that voter,
the applicant shall, upon duly answering the questions permitted by this
section to be asked, be entitled to mark a ballot-paper in the same manner
as any other voter and, after marking the ballot-paper
(a) the applicant
shall hand the ballot-paper to the presiding officer, who shall place
it in-side an envelope which he shall endorse with the name of the voter
and his number on the roll and seal the envelope; and
(b) the sealed envelope referred to in paragraph (a) shall then be handed
back to the voter, who, in the presence of the presiding officer, shall
place it in the ballot box; and
(c) the name of the voter and his number on the roll shall be entered
by the presiding offi-cer on a list.
(7) If a candidate
or his election agent or a voter makes before the presiding officer or
con-stituency registrar a declaration on oath stating that a person whose
name appears on the roll
(a) is dead; or
(b) through sickness, absence or other reason is incapable of being
present at the polling-station to record his vote at the election then
being held; or
(c) is disqualified on grounds stated; or
(d) has had a postal ballot paper dispatched to him;
the presiding officer shall refuse to hand a ballot paper to a person
who applies for a ballot pa-per in the name of the person who is the subject
of the declaration, unless the person so apply-ing for a ballot paper
(i) makes a declaration
on oath before the presiding officer that he is the person whose name
appears on the roll for the constituency and that the statements made
in the first-mentioned declaration, which shall be read over to him,
are false or relate to some other person of the same name or that he
did not receive a postal ballot paper, as the case may be; or
(ii) first delivers to the presiding officer for cancellation any postal
ballot paper which he has received, together with the form of declaration
of identity and envelopes received therewith.
(8) Immediately after
the close of the poll, the presiding officer shall make up into a sepa-rate
packet and seal in accordance with the provisions of paragraph (b) of
subsection (2) of section 6010 of the Act
(a) the marked copies
of the roll; and
(b) the tendered votes list;
and shall forthwith
deliver or cause them to be delivered to the constituency registrar, and
the statement required by subsection (3) of section 6011
of the Act shall show the number of ten-dered ballot papers.
(9) In relation to
postal ballot papers
(a) it shall not
be necessary for the application to be accompanied by the voters registra-tion
card of the applicant;
(b) the constituency registrar shall draw a line through the number
and surname of the voter in a copy of the roll, certified as correct
by the Registrar-General, as evidence that the voter has been issued
with the postal ballot paper to which he is entitled but without showing
the particular ballot paper issued to him.
(10) The constituency
registrar shall, if possible before the polling day, send to the pre-siding
officer of every polling-station in the constituency a list of persons
to whom postal ballot papers have been issued and the presiding officer
shall write on the roll the letters "P.V." oppo-site the name
of each such voter.
(11) Immediately after
the declaration of the result of the poll the constituency registrar shall
deal with the marked copies of the rolls in accordance with the provisions
(1) of section 7012
of the Act.
(12) After opening
the ballot box in terms of paragraph (a) of subsection (3) of section
7213 of the Act, the constituency registrar
(a) separate the
envelopes containing tendered ballot papers from the other ballot papers;
(b) open the sealed packet containing the tendered votes list; and
(c) verify the tendered votes list by comparing it with the number of
envelopes containing tendered ballot papers; and
(d) attach the envelopes containing tendered ballot papers to the tendered
votes list and place them in a separate container, and such papers shall
not be included in the count.
(13) At a time and place convenient to the constituency registrar and
the candidates and their election agents who were present at the counting
of the votes, and in the presence of such candidates and their election
agents as are present, the returning officer shall
(a) open the sealed
packets containing the marked copies of the roll received by him from
the presiding officer, and shall take out and compare one with another
all the marked copies of the roll on which the fact of any person having
received a ballot paper has been recorded by the presiding officer in
accordance with this section; and
(b) compare with the copies of the roll marked by the presiding officers
the roll on which the issue of postal ballot papers has been recorded.
(14) The constituency
registrar shall not mark, alter or in any way deface, or permit any other
person to mark, alter or deface, any marked copy of a roll, and shall
be responsible for any such roll being placed in its proper packet in
the same condition as it was when taken out.
(15) The constituency
registrar shall, upon the completion of the comparison of each marked
copy of the roll, reseal every such copy of the roll in its proper packet,
and shall, as soon as possible after polling-day, report to the Registrar-General
full particulars of every case in which personation or duplicate voting
appears to have taken place, and shall, on request, al-low any candidate
or agent of a candidate present to copy the report before it is sent.
(16) Section 7814
of the Act shall, mutatis mutandis, apply to the sealed packet
of tendered ballot papers, the tendered votes list and the marked copies
1 Section substituted
by Statutory Instrument 8A/2002.
2 Paragraph amended
by Statutory Instrument 175/2004.
3 Paragraph amended by Statutory Instrument 175/2004.
4 Subsection substituted by Statutory Instrument 272/1999 and amended
by Statutory Instrument 8A/2002.
5 Subsection repealed by Statutory Instrument 8A/2002 (originally inserted
by SI 237/2000).
6 Subsection repealed by Statutory Instrument 8A/2002 (originally inserted
by SI 237/2000).
7 Cross-reference updated by Statutory Instrument 161A/2000.
8 Subsection inserted by Statutory Instrument 8A/2002.
9 Proviso as substituted by Statutory Instrument 17A/2002.
10 Cross-reference updated by Statutory Instrument 161A/2000.
11 Cross-reference updated by Statutory Instrument 161A/2000.
12 Cross-reference updated by Statutory Instrument 161A/2000.
13 Cross-reference updated by Statutory Instrument 161A/2000.
14 Cross-reference updated by Statutory Instrument 161A/2000.
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