ELECTORAL ACT
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(ii) whose furnished particulars are inadequate or inaccurate in any material way;
or
(iii) whose name appears on more than one party list contrary to section 45D(1)(b),
(c), (d) or (e), whether in that electoral province or elsewhere.
(6) The exercise by the nomination officer of his or her powers under subsection (5)(b) does
not invalidate the nomination form:
Provided that if less than—
(i) six valid nominations of party-list candidates for the Senate; and
(ii) six valid nominations of party-list candidates for the National Assembly; and
(iii) ten valid nominations of party-list candidates for a provincial council;
remain after any deletions of names in terms of subsection (5)(b), the political party concerned
must nominate additional party-list candidates to match the minimum number of valid
nominations in each of the categories of party-list candidates referred to in paragraphs (i), (ii)
and (iii) of this proviso.
(7) If the exercise by the nomination officer of his or her powers under subsection (5)(b)
results in any senatorial or provincial council party list not being headed by a female candidate,
or causes two or more female names or two or more male names to be listed consecutively in
such list, the nomination officer shall re-arrange the order of names in such list to bring it into
conformity with the requirements of the Constitution, while, however, deviating as little as
possible from the order of preference specified by the political party concerned in the
nomination paper.
(8) Without derogating from section 189, the nomination officer shall not reject any
nomination paper on account of any imperfection if he or she is satisfied that there has been
substantial compliance with this section.
(9) Where the nomination officer finds a nomination paper lodged in terms of this section to
be defective for any reason, he or she shall give the political party concerned an opportunity to
rectify the defect and may adjourn the sitting of the court for that purpose to a later time during
that day, or to a time on the following day when the ordinary candidates are nominated.
(10) The nomination officer shall in open court announce the names of the party-list
candidates who has been duly nominated.
(11) The sitting of the nomination court in terms of this section shall end immediately after
the announcement in terms of subsection (10) and after the close of the sitting no political party
shall be entitled or permitted to lodge a nomination paper.
(12) The question whether any, and if so what, advice has been given by the nomination
officer in relation to a nomination paper shall not be inquired into by any court.
(13) Any voter registered on any voters roll may—
(a) before the sitting of the nomination court, at the office of the nomination officer and
during office hours, inspect any nomination paper lodged with the constituency
elections officer in terms of this section;
(b) after the close of the sitting and during such period as may be prescribed, inspect any
nomination paper at such time and subject to such conditions as may be prescribed.
(14) If a nomination paper has been rejected in terms of subsection (5), or if any name of a
party-list candidate has been deleted from the nomination form by the nomination officer—
(a) the nomination officer shall forthwith notify the political party concerned, giving
reasons for his or her decision; and
(b) the political party shall have the right of appeal from the decision to a judge of the
Electoral Court in chambers, and the judge may confirm, vary or reverse the decision
of the nomination officer and there shall be no appeal from the decision of that judge;
and
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