ELECTORAL ACT ____________________________________________________________________________________ (5) On the day and at the place fixed in terms of paragraph (a) of subsection (2) of section thirty-eight, the nomination officer shall hold a public court, commencing at ten o’clock in the morning, for receiving the nomination of candidates for election as a constituency member of the National Assembly for the constituency for which he or she is the constituency elections officer. [Subsection as amended by s. 35 of Act No. 17 of 2007 and s. 20 of Act No. 6 of 2014] (6) The nomination officer shall in open court— (a) announce whether any candidate has lodged his or her nomination paper before the sitting of the court and, if so, the name of every such candidate; and (b) receive any further nominations for election as a constituency member of the National Assembly for the constituency for which he or she is the nomination officer. [Paragraph amended by s. 20 of Act No. 6 of 2014] [Subsection as amended by s. 35 of Act No. 17 of 2007] (7) No nomination paper shall be received by the nomination officer in terms of subsection (6) after four o’clock in the afternoon of nomination day or, where there is more than one nomination day for the election concerned, the last such nomination day: Provided that, if at that time a candidate or his or her chief election agent is present in the court and ready to submit a nomination paper in respect of the candidate, the nomination officer shall give him or her an opportunity to do so. [Subsection as amended by s. 35 of Act No. 17 of 2007] (8) The nomination officer shall examine every nomination paper lodged with him or her which has not been previously examined by him or her in order to ascertain whether it is in order and shall give any candidate or his or her election agent an opportunity to rectify any defect not previously rectified and may adjourn the sitting of the court for that purpose from time to time: Provided that the sitting shall not be adjourned to any other day that is not a nomination day. [Subsection as amended by s. 35 of Act No. 17 of 2007] (9) If, on examining a nomination paper which specifies that the candidate concerned is to stand for or be sponsored by a political party, the nomination officer is doubtful that such fact is true, the nomination officer may require the candidate or his or her chief election agent to produce proof as to such fact, and may adjourn the sitting of the court for that purpose from time to time: Provided that the court shall not be adjourned to any other day that is not a nomination day. [Subsection as amended by s. 35 of Act No. 17 of 2007] (10) Subject to subsections (8) and (9), the nomination officer in open court shall reject any nomination paper lodged with him or her at any time— (a) if he or she considers that any symbol or abbreviation specified therein in terms of paragraph (b) or (c) of subsection (1)— (i) is indecent or obscene; or (ii) is too complex or elaborate to be reproduced on a ballot paper; or (iii) so closely resembles— A. the symbol of any other candidate contesting the election in the constituency concerned; or B. the recognised symbol or abbreviation of any political party, other than the political party, if any, for which the candidate concerned is standing or which is sponsoring him or her; as to be likely to cause confusion; or 69

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