| (b) | if that voter's name is in the certified segment of the voters' roll for the voting district concerned. |
| (3) | When a voter produces an identity document to a presiding officer or voting officer as required by subsection (2)(a), the presiding officer or voting officer must examine the identity document and determine whether— |
| (a) | the voter is the person described in that identity document; |
| (b) | the voter's name is in the certified segment of the voters' roll for the voting district concerned; and |
| (c) | that voter has not already voted in the election. |
| (4) | For the purposes of subsection (3)(a), the presiding officer or voting officer may require that the voter's fingerprints be taken. |
| (5) | If the presiding officer or voting officer is satisfied in respect of all the matters mentioned in subsection (3), that officer must— |
| (a) | record that the voter is regarded to have voted in the election; |
| (aA) | [Section 38(5)(aA) deleted by section 12(a) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)] |
| (c) | mark the back of a ballot paper for that election; and |
| (d) | hand the ballot paper to the voter. |
| (6) | Once the voter has received a ballot paper marked in terms of subsection (5)(a), the voter must— |
| (a) | enter an empty voting compartment; |
| (b) | mark the ballot paper in a way that indicates the registered party or candidate the voter wishes to vote for; |
| (c) | fold the ballot paper to conceal the voter's vote; |
| (d) | take the ballot paper to a ballot box for the election and show it to the presiding officer or a voting officer in a way that that officer can see the mark made in terms of subsection (5)(a); |
| (e) | place the ballot paper in the ballot box; and |
| (f) | without delay leave the voting station. |
| (7) | The voting compartment must comply with the provisions of section 70. |
| (8) | The Commission may prescribe a different voting procedure for those voters whose names appear on the voters’ roll, without addresses: Provided that if such voter does not comply with the prescribed procedure he or she may not vote in the provincial elections, but only in the national elections. |
[Section 38(8) inserted by section 12(b) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
