Referendums Amendment Act 97 of 1992

Referendums Amendment Act, 1992 (No. 97 of 1992)

GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
__Words underlined with a solid line indicate insertions in existing enactments.

Act

• to amend the Referendums Act, 1983, so as
• to extend the definition of voter;
• to regulate explicitly certain aspects relating to the holding of a referendum and the appointment of a chief referendum officer; and
• to adjust the power of the Minister of Home Affairs in relation to the making of regulations on prior votes; and
• to provide for matters connected therewith.

(Afrikaans text signed by the State President.)
(Assented to 18 June 1992.)

BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-

Amendment of section 1 of Act 108 of 1983

1. Section 1 of the Referendums Act, 1983 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of "voter" of the following definition:

"'voter', in relation to a referendum, means any person [who has, in terms of the Population Registration Act, 1950 (Act No. 30 of 1950), been classified as a White person or as a member of the Cape Coloured, Malay, Griqua, Chinese ot Indian Group or the Other Coloured Group and] who-

(a) is a South African citizen in terms of the South African Citizenship Act, 1949 (Act No. 44 of 1949);

(b) is of or over the age of 18 years;

(c) is the holder of either an identity document issued to him in terms of section 8 of the Identification Act, 1986 (Act No. 72 of 1986), or an identity document referred to in subsection (3)(a) of that section; and

(d) in terms of the proclamation by virtue of which the referendum is held, is entitled to vote at such referendum.".

Amendment of section 2 of Act 108 of 1983

2. Section 2 of the principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

"(1A) In the application of subsection (1) the State President may, if he deems it expedient-

(a) determine that more than one referendum shall be held at the same time to ascertain the views of different categories of voters, either on the same matter or on different matters;

(b) appoint the same officer as chief referendum officer in respect of all the referendums so held.".

Amendment of section 4 of Act 108 of 1983, as amended by sections 45, 46 and 47 of Act 97 of 1986

3. Section 4 of the principal Act is hereby amended-

(a) by the substitution for paragraph (g) of subsection (1) of the following paragraph:

"(g) if the said Minister considers it necessary for voters to be allowed to give their votes before the date on which the referendum is held, the manner in which a voter who for any reason specified in the regulations cannot attend a polling station may give his vote before [the] that date [on which the referendum is held]: Provided that if the Minister considers it desirable that every voter should be allowed so to give his vote, whether or not he can attend a polling station, such a reason need not be specified in the regulations;"; and

(b) by the substitution in subsection (3) for the word "notice" of the word "proclamation".

Short title

4. This Act shall be called the Referendums Amendment Act, 1992.

Commencement

3 July 1992