ELECTORAL ACT (as amended at 24th January 2008) and strike the name of the person to whom the objection relates off the voters roll or place it on another voters roll, as the case may be, within fourteen days of the date when the constituency registrar gives notice in accordance with this paragraph, unless, within that period— A. the voter who has objected submits to the constituency registrar a written notice to the effect that he or she wishes the objection to be heard (notwithstanding that the objection is upheld); or B. the person to whom the objection relates submits to the constituency registrar a written notice to the effect that he or she wishes the objection to be heard; in which event paragraph (b) shall apply as if the constituency registrar did not uphold the objection; (b) the constituency registrar does not uphold the objection, he or she shall (after affording the objector an opportunity to withdraw the objection in any case where it was based on an obvious error or misunderstanding on the part of the objector)— (i) forthwith set down the objection for hearing before a designated magistrate of the province in which the person to whom the objection relates resides; and (ii) the designated magistrate shall appoint a day and place for the hearing, the day so appointed being not more than thirty days after the date of lodging of the objection. (4) The constituency registrar shall— (a) give written notice to the person lodging the objection and to the person to whom the objection relates of the day and place appointed for the hearing; and (b) send with such notice to the person to whom the objection relates a copy of the objection, setting forth the grounds thereof. (5) Notwithstanding anything in this section, if the constituency registrar receives an objection in terms of subsection (1) during the period of thirty days immediately prior to the polling day or first polling day, as the case may be, fixed for an election in the constituency in which the person to whom the objection relates is registered, he or she shall take no action on such objection until after the close of the polling day or last polling day, as the case may be. (6) A voter who has objected in terms of this section may, at any time after the objection is set down for hearing in terms of subparagraph (i) of paragraph (b) of subsection (3), withdraw the objection on written notice to the constituency registrar and the constituency registrar shall notify the person to whom the objection relates and the designated magistrate of such withdrawal, and no further proceedings shall be taken in relation to that objection. 29 Hearing and determination of objections by designated magistrate (1) On the hearing of an objection in terms of section twenty-seven or twenty-eight by a designated magistrate the following provisions shall apply— (a) the objector may appear either in person or by an agent appointed in writing under his or her hand; (b) the person to whom the objection relates may— - 26 -

Select target paragraph3

Add to table of contents