ELECTORAL ACT (as amended at 24th January 2008)
irregularity or any other cause whatsoever may be presented to the Electoral Court by any
candidate at such election.
168
Provisions governing election petitions
(1) An election petition shall be—
(a) presented by lodging it with the Registrar of the Electoral Court; and
(b) signed by the petitioner or all of the petitioners if more than one.
(2) An election petition shall be presented within fourteen days after the end of the period
to which the election to which it relates:
Provided that, if the return or election is questioned upon an allegation of an illegal
practice, the petition may be presented, if the election petition specifically alleges a payment
of money or some other act to have been made or done since that day by the member or an
agent of the member or with the privity of the member or his or her chief election agent in
pursuance or in furtherance of the illegal practice alleged in the petition, at any time within
thirty days after the day of such payment or other act.
(3) Not later than seven days after the presentation of the election petition, security of an
amount fixed by the Registrar of the Electoral Court, being not less than the amount
prescribed by the Commission after consultation with the Chief Justice, for the payment of all
costs, charges and expenses that may become payable by the petitioner—
(a) to any person summoned as a witness on his or her behalf; and
(b) to the respondent;
shall be given by or on behalf of the petitioner.
(4) Security given in terms of subsection (3) may be by recognizance entered into by the
petitioner and sureties not exceeding four in number in a form approved by the Registrar of
the Electoral Court, which recognizance shall be signed in the presence of the Registrar of the
Electoral Court or a magistrate.
169
Notice of election petition to be served on respondent
Notice in writing of the presentation of a petition and of the names and addresses of the
proposed sureties, accompanied by a copy of the petition, shall, within ten days after the
presentation of the petition, be served by the petitioner on the respondent either personally or
by leaving the same at his or her usual or last known dwelling or place of business.
170
Respondent may object to security provided
(1) The respondent may, by notice in writing served upon the petitioner, within such
period as may be prescribed in rules of court, object to any recognizance given in terms of
section one hundred and sixty-eight on the ground that—
(a) the sureties or any of them are insufficient; or
(b) a surety is dead or cannot be found; or
(c) the recognizance has not been signed by the person named therein; or
(d) the recognizance is otherwise invalid or defective.
(2) An objection in terms of subsection (1) shall be heard and decided by the Electoral
Court and if the objection is allowed—
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