ELECTORAL ACT
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89A Refusal of precautions against double voting
Any person who, having applied for a ballot paper in a polling station, refuses without just
cause—
(a) to undergo a prescribed test to determine whether or not he or she has already voted;
or
(b) to be marked in the prescribed way;
shall be guilty of an offence and liable to a fine not exceeding level five.
[Section inserted by s. 57 of Act No. 17 of 2007]
90 Refusal to leave polling station
Any person who, without lawful excuse, refuses or fails to leave a polling station when
lawfully required to do so by the presiding officer shall be guilty of an offence and liable to a
fine not exceeding level four or to imprisonment for a period not exceeding three months or to
both such fine and such imprisonment.
91 Destruction or damaging of voters roll or data relating thereto
(1) Any person who, with the intention of disrupting or preventing the holding of an
election, destroys, damages or conceals—
(a) any voters roll or portion of a voters roll;
(b) any data or information relating to a voters roll;
whether the voters roll, data or information is in electronic or printed form shall be guilty of an
offence and liable to imprisonment for a period not exceeding ten years.
(2) If in a prosecution for an offence under subsection (1) it is proved that the accused
person destroyed, damaged or concealed anything referred to in paragraph (a) or (b) of that
subsection and thereby prevented any voter from voting in an election, it shall be presumed,
unless the contrary is shown, that the accused person intended to disrupt or prevent the holding
of the election.
92 Employer to allow employees to vote
(1) Every employer of a person who is entitled to vote in an election shall allow the
employee leave of absence from his or her work for the whole of either the morning or the
afternoon of the polling day or of one of the polling days, as the case may be, to afford the
employee an opportunity to vote in the election.
(2) An employee shall not be required to suffer any deduction from his wages or salary by
reason of any leave of absence taken in terms of subsection (1).
(3) Any employer who contravenes subsection (1) or (2) shall be guilty of an offence and
liable to a fine not exceeding level ten.
PART XVI
ELECTION EXPENSES AND ELECTION AGENTS
93 What expenses permissible
No election expenses of a candidate shall be lawful except in respect of the following
matters—
(a) purchasing voters rolls;
(b) the expenses of printing, the expenses of advertising, and the expenses of publishing,
issuing and distributing, addresses and notices;
(c) stationery, messages, postage, telegrams, telefacsimiles, electronic mails and the use of
telephones;
(d) public meetings and hiring of halls or premises therefor;
96
Select target paragraph3
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