ELECTORAL ACT
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(2) The Registrar of the Electoral Court shall perform such functions as may be assigned to
him or her by or under this Act or any other enactment.
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Rules of Electoral Court
(1) The Chief Justice and the Judge President of the High Court, after consultation with a
committee appointed by the Chief Justice,, may make rules as to the practice and procedure to
be observed in respect of any jurisdiction which under this Act is exercisable or to be exercised
by the Electoral Court.
(2) The rules in terms of subsection (1) may make provision for—
(a) the practice and procedure to be observed in the hearing of election petitions;
(b) service of an election petition on the respondent;
(c) priority of set down for the hearing of an election petition.
(3) Rules of court made in terms of subsection (1) shall be submitted to the Minister
responsible for the administration of the High Court Act [Chapter 7:06] for his or her approval
and, if so approved, shall be published in the Gazette.
[Subsection as amended by s. 87 of Act No. 17 of 2007]
(4) Until rules of court for the Electoral Court are made in terms of this section, the rules of
the High Court shall apply, with such modifications as appear to the Electoral Court to be
necessary, with respect to election petitions and other matters over which the Electoral Court
has jurisdiction.
PART XXIII
ELECTION PETITIONS
166
Interpretation in Part XXIII
In this Part—
“respondent” means the President, a member of Parliament or councillor whose election or
qualification for holding the office is complained of in an election petition.
[Definition substituted by s. 78 of Act No. 17 of 2007]
167
Who may present election petition
A petition complaining of an undue return or an undue election of a member of Parliament
by reason of want of qualification, disqualification, electoral malpractice, irregularity or any
other cause whatsoever may be presented to the Electoral Court by any candidate at such
election.
[Section as amended by s. 87 of Act No. 17 of 2007]
168
Provisions governing election petitions
(1) An election petition shall be—
(a) presented by lodging it with the Registrar of the Electoral Court; and
(b) signed by the petitioner or all of the petitioners if more than one.
(2) An election petition shall be presented within fourteen days after the end of the period
of the election to which it relates:
Provided that, if the return or election is questioned upon an allegation of an illegal practice,
the petition may be presented, if the election petition specifically alleges a payment of money or
some other act to have been made or done since that day by the member or an agent of the
member or with the privity of the member or his or her chief election agent in pursuance or in
furtherance of the illegal practice alleged in the petition, at any time within thirty days after the
day of such payment or other act.
[Subsection as amended by s. 79 of Act No. 17 of 2007]
(3) Not later than seven days after the presentation of the election petition, security of an
amount fixed by the Registrar of the Electoral Court, being not less than the amount prescribed
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