ELECTORAL ACT ____________________________________________________________________________________ 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. [Subsection as amended by s. 32 of Act No. 17 of 2007] 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). [Subsection as amended by s. 33 of Act No. 17 of 2007] (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. [Subsection as amended by s. 33 of Act No. 17 of 2007] (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; [Paragraph as amended by s. 33 of Act No. 17 of 2007] (c) no member of the electoral college shall cast more than one vote for one candidate; (d) after the members of the electoral college have voted the presiding officer shall, in the presence of the members and the candidates, cause the votes to be counted; (e) after the counting of the votes the presiding officer shall prepare a list with the candidate or candidates who received the greatest number of votes at the top of the list and the rest of the candidates in descending order according to the number of votes cast for each and, subject to paragraph (f), shall declare the candidates whose names appear first and second at the top of the list to have been duly elected as Senators with effect from the day of such declaration; [Paragraph substituted by s. 33 of Act No. 17 of 2007] (f) if two or more candidates have received the same number of votes and the addition of a vote would entitle any of those candidates to be declared elected, the presiding officer shall arrange for a fresh vote to be taken in respect of those candidates, with each member of the electoral college being allowed one vote, and the candidate who, at the second poll, receives the greatest number of votes shall be declared to have been duly elected as a Senator with effect from the day of such declaration: Provided that, if after the fresh vote has been taken one or more vacancies have still not been filled because two or more candidates have received the same number of votes, the presiding officer shall, in the presence of the members of the electoral college and the candidates, draw lots for the purpose of determining which candidate or candidates shall be deemed to be duly elected and, after the drawing of the lots, he or she shall declare the candidate or candidates concerned to have been duly elected as a Senator or Senators, as the case may be, with effect from the day of such declaration. [Paragraph as amended by s. 33 of Act No. 17 of 2007] 59