South Africa

Table of Contents:

• General Right to Vote
• Exclusion or Potential Exclusion Based on Disability
• Assistive Tools and Policies
• Candidacy or Holding Office

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Section 6, subsection 1 states:

Any South African citizen in possession of an identity document may apply for registration as a voter.

 

Excerpt from the Electoral Act 73 (1998, last amended 2013)

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Section 8, subsection 2 states:

The chief electoral officer may not register that person as a voter if that person- (c) has been declared by the High Court to be of unsound mind or mentally disordered…

 

Section 73, subsection 6 states:

The deputy presiding officer of a voting station must act as presiding officer whenever-

• (a) the presiding officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the presiding officer; or
• (b) the office of presiding officer for that voting station is vacant.

 

Section 77, subsection 3 states:

The deputy counting officer for a voting station or venue must act as the counting officer whenever-

• (a) the counting officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the counting officer; or
• (b) the office of counting officer for that voting station or venue is vacant.

 

Section 82, subsection 9 states:

An officer may be removed from office by the chief electoral officer on account of- (a) misconduct, incompetence or incapacity…

 

Section 83, subsection 11 states:

An institution must immediately terminate an employee's exercise of any power or performance of any duty in terms of this Act on account of that employee's-

• (a) misconduct, incompetence or incapacity;
• (b) absence from duty without leave of the chief electoral officer…

 

Excerpts from the Electoral Act 73 (1998, last amended 2013)

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Section 33, subsection 1 states:

In an election for the National Assembly, the Commission must allow a person to apply for and cast a special vote, prior to election day, if, on election day, that person cannot vote at a voting station in a voting district in which he or she is registered as a voter, due to his or her (a) physical infirmity or disability, or pregnancy…

 

Section 33A, subsection 1 states:

In an election for a provincial legislature, the Commission must allow a person to apply for and cast a special vote, prior to election day, if that person cannot vote at a voting station in the voting district in which he or she is registered, due to his or her- (a)  physical infirmity or disability, or pregnancy…

 

Section 39, subsection 2 states:

A person may assist a voter in voting if

• (a) the voter requires assistance due to a physical disability, including blindness or other visual impairment;
• (b) the voter has requested to be assisted by that person; and
• (c) the presiding officer is satisfied that that person has attained the age of 18 years and is not an agent or a candidate.

 

Section 39, subsection 3 states:

The secrecy of voting contemplated in section 38 must be preserved as far as possible in the application of this section.

 

Excerpts from the Electoral Act 73 (1998, last amended 2013)

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Section 73, subsection 6 states:

The deputy presiding officer of a voting station must act as presiding officer whenever-

• (a) the presiding officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the presiding officer; or
• (b) the office of presiding officer for that voting station is vacant.

 

Section 77, subsection 3 states:

The deputy counting officer for a voting station or venue must act as the counting officer whenever-

• (a) the counting officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the counting officer; or
• (b) the office of counting officer for that voting station or venue is vacant.

 

Section 82, subsection 9 states:

An officer may be removed from office by the chief electoral officer on account of-

• (a) misconduct, incompetence or incapacity…

 

Section 83, subsection 11 states:

An institution must immediately terminate an employee's exercise of any power or performance of any duty in terms of this Act on account of that employee's-

• (a) misconduct, incompetence or incapacity;
• (b) absence from duty without leave of the chief electoral officer…

 

Excerpts from the Electoral Act 73 (1998, last amended 2013)