ELECTORAL ACT ____________________________________________________________________________________ (b) was guilty of personation or of an illegal practice or was not qualified or was disqualified as a voter at the election; the vote given for the respondent by such person shall be deducted from the total number of votes given for the respondent at the election. (3) At the conclusion of the trial of an election petition the Electoral Court shall determine whether the respondent was duly elected or whether any, and if so what, person other than the respondent was or is entitled to be declared duly elected, and if the Electoral Court determines that— (a) the respondent was duly elected, such election shall be and remain as valid as if no petition had been presented against his or her election; (b) the respondent was not duly elected but that some other person was or is entitled to be declared duly elected— (i) the respondent shall forthwith be deemed to have vacated his or her seat; and (ii) the Electoral Court shall forthwith certify its determination to the Commission, and to the President of the Senate or the Speaker of the National Assembly, as the case may be, and the Commission shall thereupon, by notice published in the Gazette, declare such other person duly elected with effect from the day of the determination of the Electoral Court; [Subparagraph substituted by s. 80 of Act No. 17 of 2007 and amended by s. 48 of Act No. 6 of 2014] (c) the respondent was not duly elected and that no other person was or is entitled to be declared duly elected— (i) the seat of the respondent shall forthwith become vacant; and (ii) the Electoral Court shall forthwith certify its determination to the President of the Senate or the Speaker of the National Assembly, as the case may be, and the President of the Senate or the Speaker of the National Assembly shall thereupon notify the President that the vacancy has occurred and the cause of such vacancy. [Subparagraph substituted by s. 80 of Act No. 17 of 2007 and amended by s. 48 of Act No. 6 of 2014] (4) Where a charge is made in an election petition of an electoral malpractice having been committed at the election to which the petition refers, the Electoral Court shall, in addition to the certificate in terms of subsection (3), at the same time report in writing to the President of the Senate or the Speaker of the National Assembly, as the case may be — (a) whether any electoral malpractice has or has not been proved to have been committed by or with the knowledge and consent of a candidate at that election or by or with the knowledge and consent of any of his or her agents, and the nature of such electoral malpractice; and (b) the names of all persons who have been proved at the trial to have been guilty of any corrupt practice or illegal practice; and (c) whether electoral malpractices have, or whether there is reason to believe electoral malpractices have, extensively prevailed at the said election. [Subsection as amended by s. 80 of Act No. 17 of 2007 and s. 48 of Act No. 6 of 2014] (5) The Electoral Court may, in addition to the certificate required in terms of subsection (3), at the same time make a special report to the President of the Senate or the Speaker of the National Assembly, as the case may be, as to any matter arising in the course of the trial, including the commission or possible commission of any electoral malpractice, where the Electoral Court considers that an account of such matter ought to be submitted to Parliament. [Subsection as amended by s. 80 of Act No. 17 of 2007 and s. 48 of Act No. 6 of 2014] (6) A copy of every certificate and report made by the Electoral Court under this section shall, as soon as possible, be presented to the Senate by the President of the Senate or to the National Assembly by the Speaker, as the case may be. [Subsection as amended by s. 80 of Act No. 17 of 2007 and s. 48 of Act No. 6 of 2014 and by s. 32 of Act No. 6 of 2018] 133