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South
Africa
General Right to
Vote
Constitution:
(1996)
Section 19, subsection (3) states: "Every adult citizen has
the right (a) to vote in elections for any legislative body established
in terms of the Constitution, and to do so in secret; and (b) to stand
for public office and, if elected, to hold office."
Electoral Law:
(14 October 1998)
Section 6, subsection (1) states: "Any South African citizen
in possession of an identity document may apply for registration as a
voter."
Specific Inclusion
of People with Disabilities
Constitution:
(1996)
Section 9, subsection (3) states: "The state may not unfairly
discriminate directly or indirectly against anyone on one or more grounds,
including
disability
"
Exclusion Based
on Mental Disability
Constitution:
(1996)
Section 47, subsection (1) states: "Every citizen who is qualified
to vote for the National Assembly is eligible to be a member of the Assembly,
except
(d) anyone declared to be of unsound mind by a court of the
Republic
"
Voter Assistance
by Other Citizens
Electoral Law:
(14 October 1998)
Section 39, subsection (2) states: "A person may assist a
voter in voting if (a) the voter requires assistance due to a physical
disability; (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.
Section 39, subsection (3) continues: "The secrecy of voting
contemplated in section 38 must be preserved in the application of this
section."
Poll Worker Manuals:
Elections '99 Party Agents: Produced by the Independent Election Commission
(1999)
"Voters must enter the voting booth alone, unless they are
illiterate, or disabled and require assistance. Then they can ask for
help from a friend or the Presiding Officer" p 17
Off-Site Voting
Alternatives
Electoral Law
(14 April 1999: Election Regulations)
Section 5, subsection (1) states, "In this chapter the procedure
for applying for special votes and the procedures for the casting and
counting of special votes are prescribed as required by section 33(2)
of the [Electoral] Act, read with subregulation (2), in respect of persons
who cannot vote at a voting station in the voting district in which they
are registered due to their (a) physical infirmity or disability, or pregnancy
"
Section 6, subsection (1) states, "A person referred to in
regulation 5(1)(a) who wants to vote in the voting district in which he
or she is registered, may apply for a special vote
"
Section 6, subsection (3) states, "The presiding officer,
or a voting officer designated by him or her, must consider every application
received and if he or she is satisfied that (a) the applicant is registered
as a voter in that voting district; and (b) cannot vote at that voting
station due to physical infirmity or disability, or pregnancy, approve
the application and if not, reject the application."
Section 6, subsection (5) states, "if the application is approved,
the applicant must be visited by at least two voting officers at an address
wthin the voting district, specified in the application, on the date or
dates stated in the election timetable and (a) on production of the applicant's
identity document; and (b) if the voting officers are satisfied that the
applicant is the person described in that identity document
he or
she is handed a ballot paper, marked on the back for that election.
Section 6, subsection (6) states, "The applicant is allowed
to mark the ballot paper in secret and to place and seal it in an unmarked
envelope which is in turn placed and sealed in another envelope which
is marked on the outside with the applicant's name and identity number."
Poll Worker Manuals:
Voter Registration Course Presenter's Guide: Produced by the Independent
Electoral Commission (1998)
Of the three possible venues for registration, one of the options
is door-to-door registration for the physically disabled (1998, Slide
No. 10)
Handbook for Presiding Officers and Voting Officers: Produced by the Independent
Election Commission
Special voting stations are open the day before the general elections
and are locating in hospitals, old age homes, prisons, or other places
Handbook for Presiding Officer's Manual for Mobile Voting Stations for
Special Voters (1999)
Entire Handbook devoted to organization of a mobile polling station
for Special Voters.
Promotes Access
Poll Worker Manuals:
Elections '99 Presiding Officers and Deputy Presiding Officers: Electoral
Staff Recruitment and Training: Produced by the Independent Election Commission
(1999)
Assistant Presiding Officer is responsible for voters who are disabled
p 14
Functions of Deputy Presiding Officer include determining types
of assistance to be rendered to illiterate, blind and voters with disabilities
p 40
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