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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Rules

Rules for the First Sitting of the National Assembly, National Council of Provinces and Provincial Legislatures

5. Ballot

 

 

(1) Ballot papers substantially in the form of Annexure C must be prepared as directed by the returning officer.

 

(2) The ballot papers must have printed thereon, in alphabetical order according to their surnames and the full names of all the duly nominated candidates.

 

(3) One ballot paper marked on the reverse side thereof with the official mark provided for the purpose must be issued by an assistant returning officer, in the event of an election under these Rules in the National Assembly and provincial legislature, to every member present and eligible to vote at the meeting and, in the event of an election under these Rules in the National Council of Provinces, to every head of a provincial delegation, in the following manner:
(a) The returning officer must call out the names of persons eligible to vote from the official members' list, or from a list of the names of heads of provincial delegations, as the case may be.
(b) When the name of a member or a head of a provincial delegation is called, he or she must, if present at the meeting, be issued with a ballot paper and record his or her vote in accordance with Rule 5(5).

 

(4) The name of the member or head of a provincial delegation to whom a ballot paper is issued must be marked off by an assistant returning officer on the list referred to in Rule 5(3)(a).

 

(5) A member or a head of a provincial delegation must record his or her vote by placing a cross against the name of the candidate for whom he or she desires to vote in the space provided on the ballot paper for recording a vote.

 

(6) A member or a head of a provincial delegation to whom a ballot paper has been issued must, after having recorded his or her vote thereon, fold it in such a manner that the official mark thereon is visible to an assistant returning  officer, and place it in the ballot box provided for the purpose, after the assistant returning officer has noted the official mark.

 

(7) If, during the ballot, the presiding officer is satisfied that a ballot paper has been inadvertently spoiled, he or she must instruct the returning officer to cancel that ballot paper, endorse the counterfoil thereof accordingly and issue a new ballot paper to the member or the leader of the provincial delegation concerned.