ELECTORAL ACT
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(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
fourteen 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
[Paragraph amended by s. 48 of Act No. 6 of 2014]
(c) fix a day or days, not less than thirty 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.
[Paragraph amended by s. 48 of Act No. 6 of 2014]
(3) The day on which the voters roll for the ward concerned is to be regarded as closed for
the purposes of an election to which this section applies shall be the day on which the vacancy
occurred in the council concerned.
(4) Subject to this Part, the Commission may, by further notice, alter any place or day fixed
in terms of subsection (2), and the place or day as so altered shall be deemed to have been fixed
in terms of that subsection.
[Section as substituted by s. 66 of Act No. 17 of 2007]
[122 When election to office of mayor to be held]
[Section repealed by s. 31 of Act No. 1 of 2008]
[123 Postponement of elections]
[Section repealed by s. 68 of Act No. 17 of 2007]
Conduct of elections
[124 Notice of election and nomination day]
[Section repealed by s. 68 of Act No. 17 of 2007]
125
Nomination of candidates
(1) A candidate for election in terms of this Part shall be nominated by means of a separate
nomination paper in the form prescribed, which—
(a) shall be signed by no fewer than five persons whose names are enrolled on the voters
roll for the council area concerned or, where the council area is divided into wards, on
the voters roll for the ward concerned:
Provided that, where the council area is divided into wards the nomination paper
of a candidate for election to the office of mayor shall be signed by no fewer than five
persons whose names are enrolled on the voters roll for each such ward;
and
(b) shall be countersigned by the candidate or his duly authorised agent indicating his or
her consent to the nomination.
(2) Nomination papers may be lodged with the Commission at any time after the
publication of the proclamation referred to in section 38(1)(c)(i) or section 121A(2), as the case
may be, but before the closing of the nomination court on nomination day or the last nomination
day, as the case may be, in the election concerned.
[Subsection substituted by s. 43 of Act No. 6 of 2014]
(3) …
[Subsection repealed by s. 31 of Act No. 3 of 2012]
(4) If, at the closing of the nomination court on nomination day or the last nomination day,
as the case may be—
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