ELECTORAL ACT ____________________________________________________________________________________ Qualifications of voters and preparation of ward voters rolls 115 Qualifications of voters in local authority elections (1) Subject to this Part, every person who— (a) is qualified in terms of the Fourth Schedule to the Constitution for registration as a voter; and [Paragraph amended by s. 48 of Act No. 6 of 2014] (b) is resident within a ward; shall be entitled to be enrolled on a voter’s roll prepared for the ward. (2) Subject to section 23, a person shall be regarded as resident in a ward if— (a) in relation to any Communal Land within the ward, he or she is entitled in terms of the Communal Land Act [Chapter 20:04] to reside in that Communal Land or any part thereof; or (b) in relation to any other land, he or she is ordinarily resident therein or thereon. (3) If a claimant satisfies the Registrar-General of Voters that, for reasons related to his or her place of origin or otherwise, it is appropriate for him or her to be registered as a voter in a ward in which he or she is not resident, the claimant may be registered as a voter in that ward: Provided that no person shall be registered as a voter in more than one ward at any one time. [Section as substituted by s. 65 of Act No. 17 of 2007] 116 First ward voters rolls (1) Subject to this Part, before the date fixed for the coming into being of a council, the Registrar-General of Voters shall, under the supervision of the Commission, draw up— (a) in the case of a municipal council, the first ward voters roll for each ward constituting the council area to be used in elections for councillors; and (b) in the case of any other council, the first ward voters roll for each ward constituting the council area to be used in elections for councillors. (2) For the purpose of preparing ward voters rolls in terms of subsection (1), the RegistrarGeneral of Voters may— (a) cause to be transferred to any of those rolls the names of persons— (i) who are registered on the voters roll of a constituency falling wholly or partly within the ward concerned; and (ii) who the Registrar-General of Voters knows or has reason to believe are entitled to be enrolled on the ward voters roll of any ward within the council area concerned; or (b) direct that the voters roll of a constituency falling wholly or partly within the ward concerned, or any part of that roll, shall constitute the voters roll for the ward, where the Registrar-General of Voters knows or has reason to believe that the voters concerned are entitled to vote in elections held in that ward, and thereupon that constituency voters roll or part thereof, as the case may be, shall constitute the ward voters roll concerned; or (c) may enrol any person or class of persons— (i) who is or are registered in terms of the National Registration Act [Chapter 10:17]; and (ii) whom the Registrar-General of Voters is satisfied is or are entitled to be enrolled on any ward voters roll in terms of this Act. (3) The expenses incurred in compiling the first ward voters rolls shall be paid shall be charged upon and paid out of the funds of the Commission, or, to the extent of any insufficiency of the funds of the Commission for this purpose, the Consolidated Revenue Fund. [Section as substituted by s. 65 of Act No. 17 of 2007] 107

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