Statistics Act, 1999
R 385
Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)Chapter 3 : Preparations for ElectionPart 6 : Officers, additional persons, institutions and agents28. Powers and duties of presiding officers |
| (1) | The presiding officer — |
| (a) | must manage, co-ordinate and supervise the voting at the voting station concerned; |
| (b) | must take all reasonable steps to ensure orderly conduct at that voting station; |
| (c) | may order a member of the security services to assist in ensuring orderly conduct at the voting station; |
| (d) | may exclude from the area within the boundary of a voting station any person other than— |
| (i) | a member, employee or officer of the Commission, or the chief electoral officer; |
| (ii) | an agent who is entitled to be present at a voting station; |
| (iii) | a ward candidate; |
| (iv) | the number of party candidates referred to in subsection (2) as the presiding officer may allow; |
| (v) | a person appointed by an accredited observer; |
| (vi) | a voter present for the purpose of casting a vote; and |
| (vii) | any other person or category of persons authorised by the Commission to be present at the voting station; and |
| (e) | may exercise the other powers and must perform the other duties conferred on or assigned to a presiding officer by or under this Act. |
| (2) | The number of party candidates to be allowed in a voting station is that which the presiding officer can comfortably accommodate within the voting station at any specific time having due regard to the demands of a free and fair election. |
| (3) |
| (a) | Despite subsection (1)(d), the presiding officer may order any person mentioned in subsection (1)(d)(ii) to (v) to leave the area within the boundary of the voting station if that person’s conduct is not conducive to a free and fair election at that voting station. |
| (b) | On request by a person ordered under paragraph (a) to leave the area of a voting station, the presiding officer must give that person the reasons for the order. |
| (4) | If a person refuses to comply with an order under subsection (3)(a), the presiding officer may order a member of the security services to forcibly remove that person. |
| (5) | 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; |
| (b) | the office of presiding officer for that voting station is vacant. |
