ELECTORAL ACT (as amended at 24th January 2008) 120 … [Repealed] When elections to be held 121 Casual or special vacancies in councils to be notified to responsible Minister and Commission (1) A casual or special vacancy on a council shall be notified in writing by the town clerk or chief executive officer of the council concerned to the Minister responsible for the Rural District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15], as the case may be, and the Commission, no later than twenty-one days after the town clerk or chief executive officer becomes aware of it. (2) Upon being notified of a vacancy in terms of subsection (1) the Commission shall publish a notice in accordance with section 121A(2). 121A Notice of election and nomination day to fill casual vacancies in councils (1) A by-election to fill— (a) a casual or special vacancy in a council; or (b) a vacancy arising from— (i) any area added to a council area being constituted an additional ward; or (ii) the number of councillors of a council area or ward being increased; shall be held on a date fixed by the Commission, which date shall be not less than thirty-five days nor more than ninety days after the date on which the vacancy occurred: Provided that, except where the number of vacancies exceeds one-half of the total number of councillors, no by-election shall be held to fill such a vacancy which occurs within one hundred and eighty days before the day or first day fixed in a proclamation in terms of section 58(1) of the Constitution as the day or days on which elections are to be held for the purpose of electing councillors. (2) Not less than twenty-eight or more than sixty-six days before the day appointed for any by-election to fill a casual vacancy or special vacancy, the Commission shall, by notice published in a newspaper and posted at its office— (a) state the number of vacancies to be filled and, where appropriate, the wards in which the vacancies have occurred; and (b) fix a place or places within the council area at which, and a day or days, not less than seven or more than twenty-one days after the publication of the notice in the newspaper, on which a nomination court will sit in terms of section 46 to receive nominations of candidates for election as councillor or mayor, as the case may be; and (c) fix a day or days, not less than fourteen or more than forty-five days after the nomination day or last nomination day, as the case may be, fixed in terms of paragraph (b), on which a poll shall be taken if a poll becomes necessary. - 78 -