ELECTORAL ACT
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(a) claiming to have had a right to be elected at that election; or
(b) alleging himself or herself to have been a candidate at such election.
[Subsection amended by s. 40 of Act No. 6 of 2014]
(2) If, on the trial of an election petition presented in terms of subsection (1), the
Constitutional Court makes an order declaring—
(a) that the President was duly elected, such election shall be and remain valid as if no
election petition had been presented against his or her election; or
(b) that the President was not duly elected, the registrar of the Constitutional Court shall
forthwith give notice of that fact to the Chief Elections Officer who shall publish a
notice in the Gazette stating the effect of the order of the Constitutional Court.
[Subsection amended by s. 40 of Act No. 6 of 2014]
(3) A declaration by the Constitutional Court in terms of paragraph (b) of subsection (2)
shall not invalidate anything done by the President before that declaration.
[Subsection amended by s. 40 of Act No. 6 of 2014]
(4) Part XXIII, other than sections one hundred and sixty-six, one hundred and sixty-seven,
subsections (3), (4), (5), (6), (7) and (8) of section one hundred and seventy-one, sections one
hundred and seventy-three, one hundred and seventy-six, one hundred and seventy-eight,
subsection (2) of section one hundred and seventy-nine and one hundred and eighty shall apply,
with any changes that may be necessary, to an election petition presented in terms of subsection
(1).
[112 Application of Parts XIII, XIV and XV]
[Section repealed by s. 30 of Act No. 3 of 2012]
[112A Election of President in the event of casual vacancy]
[Section inserted by s. 64 of Act No. 17 of 2007 and repealed by s. 41 of Act No. 6 of 2014]
PART XVIII
PROVISIONS RELATING TO LOCAL AUTHORITY ELECTIONS
Preliminary
113
Application of Part XVIII
This Part shall apply in respect of—
(a) elections of councillors in terms of the Rural District Councils Act [Chapter 29:13]
and the Urban Councils Act [Chapter 29:15]; and
(b) elections to the office of mayor in terms of the Urban Councils Act [Chapter 29:15];
and to the preparation and maintenance of voters rolls in connection with such elections.
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Interpretation in Part XVIII
(1) Subject to section four, any word or expression to which a meaning has been assigned
in—
(a) the Rural District Councils Act [Chapter 29:13], shall bear the same meaning when
used in this Part in relation to a rural district council;
(b) the Urban Councils Act [Chapter 29:15], shall bear the same meaning when used in
this Part in relation to a city or municipal council, a town council or a local board.
(2) Where a council area is divided into wards, any reference in this Part to the council area
shall be construed, where appropriate, as a reference to that ward.
(3) Any reference in this Part to an office of the Registrar-General of Voters shall be
construed as a reference to such office or premises in the council area concerned as he or she
may determine.
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