ELECTORAL ACT
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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
Select target paragraph3
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