ELECTORAL ACT
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(b) the Chief Justice or the senior presiding judge of the Supreme Court, in the case of an
appeal from a decision on an electoral petition;
may, notwithstanding any other enactment, give such directions as to the filing of documents
and the hearing of evidence and argument as will, in his or her opinion, ensure that the timelimit is met, and the parties shall comply with those directions.
[Section substituted by s. 34 of Act No. 6 of 2018]
PART XXIV
GENERAL
183
When incapacity may be removed
Whenever a person has become subject to any incapacity under this Act or any other law by
reason of a conviction, or by reason of a declaration or report of a court, and any witness who
gave evidence against such incapacitated person upon the proceedings for the said conviction,
declaration or report is convicted of perjury or of contravening subsection (2) of section one
hundred and seventy-four in respect of that evidence, the incapacitated person may apply to the
Electoral Court which, if satisfied that the conviction, declaration or report, so far as it concerns
that person, was based upon perjured or false evidence, may order that his or her incapacity
shall from that time cease, and the incapacity shall cease accordingly.
184
No person required to divulge how he or she voted
No person who has voted at an election shall in any legal proceedings, whether taken to
question the election or return or otherwise, be required to state for whom he or she has voted.
185
Evidence as to holding of election
Upon any charge of an electoral malpractice or any other offence against this Act alleged to
have been committed at or in connection with an election, the certificate of the constituency
elections officer for the constituency concerned, certifying that the election mentioned therein
was being or had been held, shall be sufficient evidence of the fact that such election was being
or had been held.
[Section as amended by s. 87 of Act No. 17 of 2007]
186
Penalty for interruptions in connection with elections
Any person who wilfully interrupts, obstructs or disturbs any proceedings taken under this
Act in connection with an election 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.
187
Maintenance of secrecy
(1) Every person in attendance at the counting of the votes after a poll in terms of this Act
shall maintain, and aid in maintaining, the secrecy of the voting and shall not attempt to
ascertain at such counting any number on the back of any ballot paper or communicate any
information obtained at such counting as to the candidate for whom any vote is given in any
particular ballot paper.
(2) A person who has, in the carrying out of his or her duties under this Act, obtained
knowledge as to the candidate for whom any other person has voted, shall not, except in answer
to a question lawfully put to him or her in the course of proceedings in a competent court,
disclose such knowledge.
(3) No person shall, except upon the order of a competent court or as authorised by this Act,
break the seal of or open any sealed packet transmitted or in the course of transmission in terms
of this Act to the Chief Elections Officer or to a constituency elections officer.
137
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