ELECTORAL ACT (as amended at 24th January 2008)
42
Quorum of electoral colleges
One-half of the total membership of the electoral college shall constitute a quorum of that
electoral college.
43
Nomination of Chiefs as candidates
(1) At every meeting of an electoral college the presiding officer shall call for
nominations of candidates for election to fill any vacancies in the membership of the Senate
that are to be filled by the electoral college concerned.
(2) Every candidate for election to the Senate as a chief in terms of this Part shall be
nominated by one Chief who is a member and present at the meeting of the electoral college
concerned and seconded by another Chief who is a member and present at the meeting of the
electoral college.
(3) No nomination in terms of subsection (2) shall be valid unless the candidate has
signified his or her acceptance of it.
(4)
{Repealed]
(5) If at a meeting of an electoral college—
(a) only one candidate has been duly nominated to represent the province concerned, the
presiding officer shall forthwith declare such candidate to have been duly elected as
a Senator with effect from the day of such declaration, and shall notify the
Commission and cause to be published in the Gazette notice of the name of such
candidate and the day with effect from which he or she was declared so elected;
(b) more than one candidate has been duly nominated to represent the province
concerned, a poll shall take place in accordance with this Part.
44
Conduct of poll for election of Chiefs
(1) This section shall apply in relation to any poll that becomes necessary in terms of
section 43(5)(b).
(2) Subject to subsection (3), after the close of nominations the presiding officer shall
adjourn the meeting of the electoral college for three hours.
(3) Unless requested by the electoral college to return earlier, the presiding officer shall,
on the expiry of three hours, reconvene the meeting of the electoral college for the purpose of
conducting the poll.
(4) The presiding officer shall make, before the nomination of candidates, a declaration
of secrecy before a commissioner of oaths.
(5) During the period that the meeting has been adjourned the presiding officer shall, in
the presence of the candidates, seal a ballot box for each candidate which is clearly labelled
with the name of such candidate.
(6) When the meeting of the electoral college is reconvened in terms of subsection (3)—
(a) the presiding officer shall conduct a secret poll in relation to the vacancies to be
filled by the electoral college;
(b) each member of the electoral college shall be entitled to one vote in relation to each
Senator to be elected by the electoral college;
(c) no member of the electoral college shall cast more than one vote for one candidate;
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