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Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 4 : Elections

Part 1 : Voting

39. Assistance to certain voters

 

 

(1) The presiding officer or a voting officer, at the request of a voter who is unable to read, must assist that voter in voting in the presence of—
(a) a person appointed in terms of section 85 by an accredited observer, if available; and
(b) two agents from different parties, if available.

 

(2) 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 the person rendering assistance has attained the age of 18 years and is not an agent or a candidate.

[Subsection (2) (a) and (c) substitution by No. 12  of Act No. 34 of 2003 Government Gazette 25687]

 

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

[Subsection (3) substitution by No. 12  of Act No. 34 of 2003 Government Gazette 25687]