ELECTORAL ACT (as amended at 24th January 2008) (a) he or she has been notified in terms of this section of a vacancy in the membership of Parliament; or (b) a declaration is made by the Chief Elections Officer in terms of section fifty; or (c) a nomination day or the last nomination day, as the case may be, where no person has been duly nominated for election; publish a notice in the Gazette ordering a new election to fill the vacancy in the same manner, with any changes that may be necessary, as is provided in section thirty-eight in regard to a general election, and the provisions of this Act shall apply accordingly: Provided that the President shall not be required to act in terms of this subsection in respect of any vacancy in the membership of Parliament which arises within a period of twenty-one days before the making of a proclamation in terms of subsection (1) of section 58 of the Constitution fixing a day or days for the holding of a general election. (3) The day on which the voters roll for the constituency concerned is to be regarded as closed for the purposes of an election to which this section applies shall be the day on which the vacancy occurred in the membership of Parliament. PART X ELECTION OF CHIEFS TO PARLIAMENT 40 Election of Council of Chiefs and of President and Deputy President of Council of Chiefs and other Senator Chiefs For the purpose of electing— (a) the President and the Deputy President of the Council of Chiefs referred to in section 37 of the Traditional Leaders Act [Chapter 29:17]— (i) each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act [Chapter 29:17] shall convene at the time and place and on the day or days fixed by the President in terms of section 38(3)(a)(i) to elect the Council of Chiefs referred to in section 37 of the Traditional Leaders Act [Chapter 29:17]; and (ii) the Council of Chiefs shall convene at the time and place and on the day or days fixed by the President in terms of section 38(3)(a)(ii) to elect the President and the Deputy President of the Council of Chiefs; and (b) two Chiefs to the Senate to represent each non-metropolitan province in terms of section 34(1)(d) of the Constitution, each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act [Chapter 29:17], shall constitute an electoral college which shall be convened at the time and place and on the day or days fixed by the President in terms of section 38(3)(b). 41 Presiding officers For the purposes of the nomination and election of Chiefs to the Senate, the Commission shall appoint one of its officers to be the presiding officer of the electoral college referred to in section forty. - 34 -