ELECTORAL ACT
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(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
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