ELECTORAL ACT (as amended at 24th January 2008) publication of the proclamation, on which a nomination court will sit in terms of section 46 to receive nominations of candidates for election as councillor; and (ii) a day or days, not less than twenty-eight or more than fifty days after the nomination day or last nomination day, as the case may be, fixed in terms of subparagraph (i), on which a poll shall be taken if a poll becomes necessary: Provided that day or days fixed for polling in terms of paragraphs (a)(ii), (b)(ii) and (c)(ii) shall be the same for the Presidential election, general election and elections for the purposes of elections for councillors. (2) The polling day or polling days fixed in terms of subsection (1) shall be deemed to be a public holiday or public holidays, as the case may be, for the purposes of the Public Holidays and Prohibition of Business [Chapter 10:21]. (3) For the purposes of the appointment and election of Chiefs as Senators in terms of section 34(1)(c) and (d) of the Constitution the President shall, in the proclamation referred to in subsection (1), fix the times and places at which and a day or days— (a) between the date of publication of the proclamation and the day or the last day, of the poll for the Presidential election fixed in terms of subsection (1)(a)(ii), on which— (i) each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act [Chapter 29:17], shall convene for the purpose of electing the Council of Chiefs in terms of section 37 of the Traditional Leaders Act [Chapter 29:17]; and (ii) the Council of Chiefs referred to in section 37 of the Traditional Leaders Act [Chapter 29:17] shall convene for the purpose of electing the President and the Deputy President of the Council of Chiefs; and (b) being not earlier than the day or the last day, as the case may be, for the Presidential election fixed in terms of in terms of subsection (1)(a)(ii) and not later than 48 hours after the day or last day, as the case may be, of the election so fixed, on which the electoral colleges shall meet in terms of Part X. (4) Subject to section 58(1) of the Constitution, the President may, by further proclamation in the Gazette, alter any day, time or place fixed in terms of subsection (1) or (3) and the day, time or place as so altered shall be deemed to have been fixed in terms of the appropriate subsection. 39 Vacancies and by-elections (1) A vacancy in the membership of Parliament which exists otherwise than by reason of a dissolution of Parliament shall, subject to this section, be notified to the President and the Commission in writing by the President of the Senate or the Speaker of the House of Assembly, as the case may be, as soon as possible after the President of the Senate or the Speaker of the House of Assembly becomes aware of the vacancy. (2) The President shall, within a period of fourteen days after— - 33 -