ELECTORAL ACT (as amended at 24th January 2008)
(a) solely on account of any minor variation between the name of any person as it
appears on the nomination paper and as it appears on the voters roll, if the
nomination officer is reasonably satisfied that the variation is due to an error; or
(b) on account of any other imperfection in the nomination paper if the nomination
officer constituency elections officer is satisfied that there has been substantial
compliance with this section.
(12) The nomination officer shall in open court announce the name of every candidate
who has been duly nominated.
(13) The sitting of the nomination court in terms of this section shall end immediately
after the announcement in terms of subsection (12) and after the close of the sitting no
candidate shall be entitled or permitted to lodge a nomination paper.
(14) The question whether any, and if so what, advice has been given by the nomination
officer in relation to a nomination paper shall not be inquired into by any court.
(15) A candidate shall not be regarded as duly nominated for a constituency if—
(a) his or her nomination was not lodged in terms of this section with the constituency
elections officer for the constituency in which the candidate seeks election; or
(b) his or her nomination paper has not been signed and countersigned in accordance
with subsection (1) or is otherwise not properly completed; or
(c) the sum referred to in subsection (1) of section forty-seven was not lodged with his
or her nomination paper; or
(d) he or she is not qualified for election at that election; or
(e) he or she has been duly nominated for election for another constituency for which
the poll has not taken place.
(16) If, at the close of the sitting of the appropriate nomination court the same person has
been nominated for—
(a) more than one senatorial or House of Assembly constituency; or
(b) a senatorial and House of Assembly constituency;
his or her nomination for all the constituencies for which he or she has been nominated shall
be void.
(17) If, at the close of the sitting of the nomination court—
(a) no person has been duly nominated for election for the constituency, the nomination
officer shall report the fact to the Chief Elections Officer and to the Clerk of
Parliament;
(b) only one person has been duly nominated for election for the constituency, the
nomination officer shall forthwith declare such candidate to have been duly elected
as a member of Parliament with effect from the polling day or last polling day, as the
case may be, fixed in terms of paragraph (b) of subsection (2) of section thirty-eight
and shall notify the Chief Elections Officer, whereupon the Chief Elections Officer
shall cause to be published in the Gazette notice of the name of the candidate
declared so elected and the day with effect from which he or she was declared so
elected:
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