ELECTORAL ACT
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(4) The presiding officer shall show to the candidates and their agents present every ballot
paper envelope which he or she proposes to reject in terms of subsection (3)(b) and, if a
candidate or an agent objects to his or her decision, the presiding officer shall add to the
endorsement on the envelope the words “rejection objected to”.
[Subsection amended by s. 42 of Act No. 3 of 2012]
79 Safe-keeping of documents
The presiding officer shall, immediately after the declaration of the result of the poll, seal in
separate packets or containers—
(a) all the postal ballot papers cast in the election; and
(b) unopened, all ballot paper envelopes which have been endorsed “vote rejected” in
terms of section 78(3)(b); and
(c) unopened, all ballot paper envelopes which have been endorsed “vote rejected” but
whose rejection has been objected to as provided in section 78(4).
[Section amended by s. 42 of Act No. 3 of 2012]
80 Offences in relation to postal votes
(1) A person who attempts to induce any other person to obtain a postal ballot paper with
the intention of influencing him or her by bribery or intimidation to record his or her vote in
favour of a particular candidate 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 and, in addition to any such punishment, may, if he or she is convicted of that
offence by the High Court, be declared by the High Court to be disqualified from voting at any
election for a period not exceeding five years.
(2) Any person who—
(a) makes or induces any other person to make a false statement in an application for a
postal ballot paper; or
(b) fails to deliver or post forthwith an envelope containing or purporting to contain a
postal ballot paper entrusted to him or her by a voter for the purpose of delivering or
posting it to the Chief Elections Officer;
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.
[Part XIV substituted by s. 26 of Act No. 3 of 2012]
PART XIVA
SPECIAL VOTING
[Part XIVA inserted by s. 26 of Act No. 3 of 2012 and repealed by s. 34 of Act No. 6 of 2014]
PART XV
GENERAL PROVISIONS RELATING TO POLLS
82 Electoral officers, candidates and agents to make declaration of secrecy
Every electoral officer, candidate or agent of a candidate authorised to attend at the
counting or collating of votes at a polling station or constituency centre shall, before the opening
of the poll, make a declaration of secrecy—
(a) if he or she is a constituency elections officer or a presiding officer, before a
commissioner of oaths; or
(b) in any other case, before a commissioner of oaths or the constituency elections officer
or the presiding officer.
[Section as substituted by s. 53 of Act No. 17 of 2007]
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