ELECTORAL ACT
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(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 or she considers it necessary, adjourn the hearing for the
attendance of that party in person and may make an order requiring his or her
attendance accordingly.
(2) The designated magistrate may make such order as to costs as he or she thinks fit if—
(a) in the case of an appeal against an objection by a constituency registrar in terms of
section twenty-seven—
(i) the appellant or his or her 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 twenty-four hours after that date, a reasonable
excuse for such failure to appear; or
(ii) he or she has disallowed the appeal and held that the grounds of appeal were
frivolous or vexatious;
(b) in the case of the hearing of an objection by a voter in terms of section twenty-eight—
(i) the objector 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 or she has held that the grounds of objection were frivolous or vexatious.
30 Statement of case for opinion of judge in chambers
(1) If, on the hearing of an objection in terms of section twenty-seven or twenty-eight—
(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 or she 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 objector 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 or she thinks fit, from the designated magistrate
who transmitted it; and
(b) shall give such decision thereon as appears to him or her 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 or she thinks fit.
31 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 voter registration officer may direct and shall be maintained
there until the objection is so heard and determined.
[Section amended by Second Schedule to Act No. 3 of 2016]
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