On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 15/04/2011.
11.
—(1) Any person who considers that he is entitled to have his name entered in a register of electors and whose name has been omitted from the register (referred to in this section as the claimant) may apply to the Registration Officer to have his name entered therein.
(2) Every claim under subsection (1) shall be in writing and shall be in Form 3 in the First Schedule and shall reach the Registration Officer within 2 weeks from the date of publication in the Gazette of the notice of completion of the register.
(2A) Within 21 days from the expiry of the period of 2 weeks referred to in subsection (2), the Registration Officer shall exhibit notices containing the names and addresses of the claimants (if any) at the place or places in or near the electoral division in which those claimants reside and at the overseas registration centres specified in the notice mentioned in section 10(3).
[19/2001]
(2B) A claim under subsection (1) may be made at an overseas registration centre and be accompanied by the claimant’s application to be registered as an overseas elector made in accordance with section 13A.
[19/2001]
(3) Any person whose name appears in the register for any electoral division may object to the inclusion in the register of his own name or the name of any other person appearing therein or may object to the insertion in the register of the name of any claimant.
(4) In this section and section 12, every person objecting to the inclusion or insertion of any name in the register is referred to as the objector.
(5) Every objection to the inclusion of any name in the register shall be made in writing and shall be in Form 4 in the First Schedule and shall reach the Registration Officer within 2 weeks from the date of publication in the Gazette of the notice of completion of the register.
[14/2008]
(6) Every objection to the insertion of the name of any claimant in the register shall be made in writing and shall be in Form 5 in the First Schedule and shall reach the Registration Officer within 6 days from the date on which the notice containing the names of claimants is exhibited under subsection (2A).
[14/2008]
(7) [Deleted by Act 18 of 2005]
(8) The Registration Officer shall, as soon as practicable after receiving an objection to the inclusion or insertion of any name in any register, send a notice of the objection to the person in regard to whom objection has been made.
(8A) The notice of objection shall be in Form 6 in the First Schedule.
(9) The Registration Officer shall as soon as practicable hold a public inquiry into all claims and objections which have been duly made, giving not less than 6 clear days’ written notice of the date on which and the time and place at which the inquiry will commence to each claimant, objector and person in regard to whom objection has been made.
(9A) At any such public inquiry, any person appearing to the Registration Officer to be interested in or affected by the subject-matter of the inquiry may appear and be heard either by himself or by any other person duly authorised by him in writing in that behalf.
(9B) Notwithstanding subsection (9), the Registration Officer may, without any public inquiry, allow any claim in respect of which no objection has been made if he is satisfied that the claim should be allowed and shall insert the claimant’s name in the register and, where applicable, register the person as an overseas elector.
[19/2001]
(10) Where an objection is made to the inclusion or insertion of any name in the register, the Registration Officer shall call upon the objector, or some person authorised in writing in that behalf by the objector, to give prima facie proof of the ground of the objection.
(11) If such prima facie proof is given, the Registration Officer shall require proof of the entitlement of the person in regard to whom objection has been made, and —
(a)
if the person’s entitlement is not proved to the Registration Officer’s satisfaction, he shall expunge that person’s name from or, as the case may be, refuse to insert that person’s name in the register; or
(b)
if the person’s entitlement is so proved, he shall retain that person’s name or, as the case may be, insert that person’s name in the register and, where applicable, register that person as an overseas elector.
[19/2001]
(12) If, on the date fixed for inquiry into any objection, the objector or a person authorised in writing in that behalf by the objector fails to appear, or appears but fails to give such prima facie proof, then —
(a)
if the objection is to the inclusion in the register of the name of a person appearing therein, the Registration Officer shall retain the person’s name in the register without calling upon the person to prove his entitlement; or
(b)
if the objection is to the insertion in the register of the name of any claimant, the Registration Officer shall require proof of the entitlement of the claimant; and —
(i)
if the claimant’s entitlement is not proved to the Registration Officer’s satisfaction, he shall refuse to insert the claimant’s name in the register; or
(ii)
if the claimant’s entitlement is so proved, he shall insert the claimant’s name in the register and, where applicable, register the person as an overseas elector.
[19/2001]
(13) If an objection is made and is overruled by the Registration Officer and, in his opinion, the objection was made without reasonable cause, the Registration Officer may, if he thinks fit, order in writing the objector to pay to the person in regard to whom objection has been made such sum not exceeding $50 as the Registration Officer considers reasonable compensation for any loss of time incurred by the person in consequence of the objection.
(14) If, upon an objection being overruled, the objector appeals under section 12 to the Revising Officer and the appeal is dismissed, and in the opinion of the Revising Officer the appeal was made without reasonable cause, the Revising Officer may, if he thinks fit, order in writing the objector to pay to the person in regard to whom objection has been made such sum not exceeding $50 as the Revising Officer considers reasonable compensation for any loss of time incurred by the person in consequence of the appeal.
(14A) If any appeal is allowed by the Revising Officer, he shall have power to revise or cancel any order made by the Registration Officer for the payment of compensation by the objector.
(15) Any sum awarded as compensation under this section shall be recoverable as though the order of the Registration Officer or Revising Officer were an order of a District Court for the recovery of money by that Officer.
(16) [Deleted by Act 18 of 2005]