ELECTORAL ACT (as amended at 24th January 2008)
Provided that if, by virtue of an appeal in terms of subsection (19), an
additional candidate is to be regarded as duly nominated, the nomination officer
shall revoke his or her declaration in terms of this paragraph and shall notify the
Chief Elections Officer, whereupon the Chief Elections Officer shall cause to be
published in the Gazette notice thereof and paragraph (c) shall apply;
(c) more than one person has been duly nominated for election for a constituency, a poll
shall take place in accordance with this Part and Part XIII.
(18) Any voter registered on any voters roll may—
(a) before the sitting of the nomination court, at the office of the nomination officer and
during office hours, inspect any nomination paper lodged with the constituency
elections officer;
(b) after the close of the sitting and during such period as may be prescribed, inspect any
nomination paper at such time and subject to such conditions as may be prescribed.
(19) If a nomination paper has been rejected in terms of subsection (10) or been regarded
as void by virtue of subsection (16)—
(a) the nomination officer shall forthwith notify the candidate or his or her chief election
agent, giving reasons for his or her decision; and
(b) the candidate shall have the right of appeal from such decision to a judge of the
Electoral Court in chambers and such judge may confirm, vary or reverse the
decision of the nomination officer and there shall be no appeal from the decision of
that judge; and
(c) if no appeal in terms of paragraph (b) is lodged within four days after the receipt of
notice of the decision of the constituency elections officer, the right of appeal of the
candidate shall lapse and the decision of the nomination officer shall be final; and
(d) if an appeal in terms of paragraph (b) is lodged, the judge concerned may—
(i) direct that any further proceedings under this section in relation to that
election shall be suspended, if necessary, pending determination of the
appeal; and
(ii) specify a day or days on which any poll in terms of this Part and Part XIII
shall be held;
and if he or she does so, the Chief Elections Officer shall cause notice thereof to be
published in the Gazette.
(20) Any person who—
(a) as a candidate or otherwise, forges any signature purporting to be that of a
nominator; or
(b) as a candidate or otherwise, lodges a nomination paper knowing that any signature
therein purporting to be that of a nominator is forged; or
(c) being a candidate, permits the lodging of a nomination paper on his or her behalf
knowing that any signature therein purporting to be that of a nominator is forged;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment and, in the case of a candidate, shall be disqualified from being nominated as a
- 40 -
Select target paragraph3
Add to table of contents