ELECTORAL ACT
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(4) Any person who contravenes subsection (2) or (3) shall be guilty of an offence and
liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or
to both such fine and such imprisonment.
188
How public notice may be given and documents served
(1) A public notice required to be given by the Registrar-General of Voters, the Chief
Elections Officer, a constituency registrar, a constituency elections officer or any other person
whatsoever who under this Act is required to give public notice shall, except where it is
expressly directed to be published in the Gazette or in any other particular manner, be
sufficiently given if it is published in a newspaper circulating in the constituency or area
intended to be affected by the notice or if it is posted outside the principal outer door of every
magistrates court office in such constituency or area or in such place or places, if any, as the
Commission may determine.
(2) Save as is otherwise specially provided in this Act and without derogation from section
40 of the Interpretation Act [Chapter 1:01], when any notice or other document is required to be
served on any person under this Act, it may be served—
(a) by delivering it to the person to whom it is addressed; or
(b) by leaving it at his or her last known place of residence or any place of residence stated
on a voters roll as his or her place of residence; or
(c) by sending it to any place of residence referred to in paragraph (b) through the post by
registered letter marked upon the outside “electoral notice letter” and, unless the
contrary is proved, the notice or other document shall be deemed to have been served
at the time at which such registered letter would have been delivered in the ordinary
course of post.
189
Validation of certain documents despite misnomer or inaccurate
description
No misnomer or inaccurate description of any person or place in any voters roll or in any
list, nomination paper, ballot paper, notice or other document required for the purposes of this
Act shall affect the full operation of the document with respect to that person or place where the
description of the person or place is such as to be commonly understood.
190 Complaints to Commission
(1) Any claimant or person aggrieved by the decision or conduct of a voter registration
officer or other employee of the Commission under section 24, 25 or 35 may (at the head office
or any provincial office of the Commission) lodge a complaint in the form of an affidavit with
the Commission no later than forty-eight hours after the decision or conduct complained of.
(2) Upon receiving a complaint in terms of subsection (1), the Commission shall, if it
considers the complaint to be justified, order the voter registration officer or employee
concerned to take appropriate remedial action.
(3) The Commission may in writing delegate its functions under subsection (2) to the Chief
Elections Officer or any other officer of the Commission.
[Section substituted by s. 35 of Act No. 6 of 2018]
191
Provision of copies of electoral legislation
(1) The Commission shall ensure that—
(a) every political party contesting an election and every observer is provided, for the
prescribed fee, if any, with an electronic copy of this Act and all regulations and rules
made under this Act; and
(b) this Act and all regulations and rules made under this Act are available at all times,
whether in printed or electronic form, to members of the public for the prescribed fee.
138
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