ELECTORAL ACT
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shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment and, in the case
of a candidate, shall be disqualified from being nominated as a candidate for, or from election
as, a member of Parliament for a period of five years from the date of conviction.
47 Nomination fee
At the same time as the nomination paper is lodged in terms of section 46 there shall be
deposited with the nomination officer, by or on behalf of the person nominated, such
nomination fee as may be prescribed, which shall form part of the funds of the Commission.
[Section substituted by s. 15 of Act No. 3 of 2012]
48 Procedure when poll to be held
If a poll becomes necessary in terms of paragraph (c) of subsection (17) of section forty-six,
the nomination officer shall notify the Chief Elections Officer, who shall, as soon as practicable
after nomination day—
(a) publish in the Gazette a notice of—
(i) the names of the candidates in alphabetical order of surnames; and
(ii) the polling day or days;
and
(b) notify by such means as he or she thinks fit the situation of and hours specified in
terms of section fifty-five for the opening and closing of each fixed polling station for
the constituency.
[Section as amended by s. 87 of Act No. 17 of 2007]
49 Withdrawal of candidate
(1) Subject to this section, a duly nominated candidate for election for a constituency may
withdraw his or her nomination at any time before polling or the first polling day, as the case
may be, in the election concerned.
(2) A withdrawal of a candidate in terms of subsection (1) shall be effected by means of a
written notification to the constituency elections officer, signed by the candidate personally.
(3) …
[Subsection repealed by s. 36 of Act No. 17 of 2007]
(4) If, as a result of the withdrawal of a candidate in terms of this section, only one
candidate remains duly nominated for election for the constituency concerned, the nomination
officer shall forthwith declare such candidate to have been duly elected as a member of
Parliament with effect from the polling day or last polling day, as the case may be, fixed in
terms of paragraph (b) of subsection (2) of section thirty-eight and shall notify the Chief
Elections Officer accordingly, whereupon the Chief Elections Officer shall cause to be
published in the Gazette notice of the name of the candidate declared so elected and the day
with effect from which he or she was declared so elected:
Provided that, if by virtue of an appeal in terms of subsection (19) of section forty-six, an
additional candidate is to be regarded as duly nominated, the nomination officer shall revoke his
or her declaration in terms of this paragraph and shall notify the Chief Elections Officer
accordingly, whereupon the Chief Elections Officer shall cause to be published in the Gazette
notice thereof, and a poll shall take place in accordance with this Part and Part XIII.
[Subection as amended by s. 87 of Act No. 17 of 2007]
(5) If, after the withdrawal of a candidate in terms of subsection (1), two or more candidates
remain duly nominated for election for the constituency concerned, the nomination officer shall
take all such steps as are reasonably practicable to ensure that—
(a) the withdrawal is brought to the attention of voters in the constituency; and
(b) the name of the candidate who has withdrawn is either omitted or deleted from all
ballot papers.
[Subsection as amended by s. 87 of Act No. 17 of 2007]
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