ELECTORAL ACT (as amended at 24th January 2008)
(a) signed by not fewer than twenty-five persons, each of whom shall be a
Senator or a member of the House of Assembly; and
(b) countersigned with the acceptance of the candidate.
(3) A nomination paper, duly completed in accordance with subparagraph (2), may
be lodged with the Clerk of Parliament during ordinary business hours up to four o’clock
in the afternoon on nomination day.
(4) The Clerk of Parliament shall forthwith examine every nomination paper lodged
with him or her in terms of subparagraph (3) in order to ascertain if it is in order, and shall
give any person lodging it an opportunity to rectify any defect therein, until four o’clock
in the afternoon on nomination day.
(5) The Clerk shall reject any nomination which, in his or her opinion, is not in
order, where the person lodging it has not rectified any defect after being given an
opportunity to do so in terms of subparagraph (4).
(6) A candidate shall not be regarded as duly nominated if—
(a) his or her nomination paper was not lodged with the Clerk of Parliament in
accordance with this paragraph; or
(b) his or her nomination paper has not been signed and countersigned in
accordance with subparagraph (2) or is otherwise not properly completed; or
(c) he or she is not qualified in terms of subparagraph (1) for election as
President.
(7) If the Clerk of Parliament has rejected a nomination paper in terms of
subparagraph (5)—
(a) the Clerk of Parliament shall forthwith notify the candidate or his or her
agent, giving reasons for the decision; and
(b) subject to subparagraph (8), the candidate shall have a right to bring the
decision on review before the Supreme Court.
(8) An application for a review of a decision of the Clerk of Parliament to reject a
nomination paper shall be lodged with the Registrar of the Supreme Court no later than
eleven o’clock in the morning three days before election day.
(9) The Chief Justice or any judge of the Supreme Court may give directions as to
the procedure to be followed in any review of a decision of the Clerk of Parliament to
reject a nomination paper so as to ensure the prompt determination of the review.
(10) The Supreme Court—
(a) may, on any review in terms of this paragraph, set aside the decision of the
Clerk of Parliament, and may substitute its own decision for that of the Clerk
of Parliament and give such directions in the matter as it thinks fit; and
(b) shall determine any review in terms of this paragraph by not later than the
day immediately preceding election day.
(11) If no application for a review of a decision of the Clerk of Parliament to reject a
nomination paper is lodged within the time prescribed in subparagraph (8), the decision of
the Clerk of Parliament shall be final.
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