PROPOSED AMENDMENTS TO THE ELECTORAL LAWS AMENDMENT BILL, [B54-2003]

SUBMITTED BY THE ELECTORAL COMMISSION TO THE PORTFOLIO COMMITTEE

RESPONSIBLE FOR HOME AFFAIRS

11 SEPTEMBER 2003

 

1. Page 3, Line 3

Clause 3 of the Bill is substituted by the following Clause:

"3. Section 7 of the Electoral Act, 1998, is hereby amended by the substitution for subsections (1) and (2) of the following subsections:

"(1) A person applying for registration as a voter must do so [(a)] in the prescribed manner [; and (b) only for the voting district in which that person is ordinarily resident.].

(2) [For the purposes of this section the] The head office in the Republic o~ a person referred to in section [33(1)(a)(ii)] 33(1)(b) is regarded as the ordinary place of residence of that person or a member of that person's household.".

 

2. Page3Line45

That in Clause 7, the following is substituted for all the words appearing after the introductory sentence:

 

"Voting in a voting district where not registered

24A. (1) A person, whose name does not appear on the certified segment of the voters' roll for a voting district, who applied for registration as a voter before the date the election was proclaimed, may submit to the presiding officer of the voting station for that voting district-

(a) his or her identity document;

(b) a sworn or solemnly affirmed statement in the prescribed form containing the following:

(i) his or her full name, identity number and date of birth;

(ii) his or her finger print;

(iii) the address where he or she ordinarily resides;

(iv) a declaration that the address is situated in a stated province in the Republic of South Africa;

(v) a declaration that he or she applied for registration as a voter in that province before the date of publication of the proclamation proclaiming the election;

(vi) a request that his or her name should be included in the certified segment of the voters' roll for that voting district for the purposes of the election for the National Assembly and also for the purposes of the election for the provincial legislature if he or she had so applied for registration in the province in which that voting district is situated; and

(vii) a declaration that he or she is a South African citizen, is eighteen years of age or older and is not disqualified from voting in the election in question; and

(c) proof that he or she applied for registration as a voter before the date of

publication of the proclamation.

(2) If the presiding officer is satisfied that the contents of the statement are correct-

(a) the presiding officer must make an endorsement to that effect on the statement; and

(b) the person making the request contemplated in subsection (1)(b)(vi) must be regarded as having been registered as a voter on the certified segment of the voters' roll for the voting district requested for the purposes of the election for the National Assembly and also for the purposes of the election for the provincial legislature if that person had applied for registration in the province where that voting station is situated."

3. Page 5. Line 42:

It is proposed that the following new clause be inserted after Clause 10:

"Amendment of section 38 of Act 73 of 1998

11. Section 38(5) of the Electoral Act, 1998, is hereby amended by the insertion of the following new paragraph after paragraph (a):

"(b) mark the voter's identity document in the prescribed manner;"."

 

4. Page 5 Line 52:

It is proposed that the following words be inserted after the word 'including":

"blindness or other"

 

5. Page 12~ Line 6:

It is proposed that the following new Item 10 be inserted after Item 9:

"10. (1) If a party gained no allocation of seats in terms of item 2(b), but the party gained a provisional seat in respect of the seats referred to in item 2(a), then the provisional allocation of seats in terms of item 2(a) will become the final allocation of seats for such party, and if a recalculation is required in terms of item 7, the adjusted allocation will become the final allocation.

(2) If a seat is allocated to a party in terms of sub-item (1), then the determination of seats in terms of item 2(b) will be recalculated as follows

(a) An amended quota of votes per seat shall be determined by dividing the total number of votes cast nationally on national ballot papers, minus the votes cast for a party referred to in sub-item (1), by the total number of seats in the National Assembly plus one, minus the seats awarded n terms of sub-item (1), and the result plus one, disregarding functions shall be the quota of votes per seat.

(b) The number of seats to be awarded to a party for the purposes of paragraph (d) must, subject to paragraph (c), be determined by dividing the total number of votes cast nationally in favour of each party, excluding those awarded seats in terms of sub-item (1), by the quota of votes per seat determined in terms of paragraph (a).

(c) Where the result of the recalculation in terms of paragraph (b) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus shall compete with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats not awarded in terms of paragraph (b) shall be awarded to the party or parties concerned in sequence of the highest surplus.

(d) The aggregate of a participating party's awards in terms of paragraphs (b) and (c) shall be reduced by the number of seats provisionally allocated to it in terms of item 5(f) and the results shall indicate that party's provisional allocation of the seats in terms of item 2(b).

(3) If no recalculation of provisional allocations is required in terms of item 7 In respect of the seats referred to in item 2(b), the provisional allocation of such seats in terms of paragraph (d) shall become the final allocation of such seats to the various parties, and if such a recalculation is required, the provisional allocation of such seats, as adjusted in terms of item 7, shall become the final allocation of such seats to the various parties.

(4) If a party forfeits a seat in terms of item 7(1) which was allocated to it in terms of sub-item (1), then the seats provisionally allocated to other parties in terms of item 2(b) must be recalculated in terms of item 7(2) and (3), taking such forfeiture into account.".