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: - 39 -

Select target paragraph3

Add to table of contents