ELECTORAL ACT ____________________________________________________________________________________ (6) This section must be read subject to section 50A, which provides for the pre-polling day substitution in certain circumstances of candidates who have withdrawn or died. [Subsection inserted by s. 21 of Act No. 14 of 2016] 50 Death of candidate (1) If— (a) the Chief Elections Officer is satisfied that a duly nominated candidate for election for a constituency died before the poll commenced or, if the poll has commenced, before the close thereof; or (b) the proceedings relating to an election for a constituency have been stopped in terms of subsection (2); the Chief Elections Officer shall, so far as concerns that constituency, declare that all proceedings relating to that election are void and all proceedings relating to that election shall be commenced afresh in the same manner as if a vacancy had occurred: Provided that no fresh nomination shall be necessary in the case of a candidate who was duly nominated at the time when the proceedings were declared void, if such candidate or his or her chief election agent notifies the constituency elections officer in writing of his or her intention to remain a candidate. (2) If a nomination officer is satisfied that a duly nominated candidate for election in that constituency died before the close of the poll in that constituency, he or she shall stop all proceedings relating to that election and forthwith notify the Chief Elections Officer. [Subsection as amended by s. 87 of Act No. 17 of 2007] (3) This section must be read subject to section 50A, which provides for the pre-polling day substitution in certain circumstances of candidates who have withdrawn or died. [Subsection inserted by s. 22 of Act No. 6 of 2014] 50A Pre-polling day substitution in certain circumstances of candidates who have withdrawn or died (1) In this section— “forthwith” must be construed in accordance with subsection (5); “qualifying political party” means a political party that, in terms of section 38A(1)(a), provided through the National Command Centre the names of the office-bearers of the party there referred to. (2) If, no later than seven days after after3 the nomination day or last nomination day, as the case may be, fixed in terms of section 38(1)(b)(i), a duly nominated candidate sponsored by a qualifying political party for election for a constituency withdraws his or her nomination or dies, then, no later than forty-eight hours after the party concerned becomes aware that its candidate has withdrawn or died, and in any event, not later than nine days after after 4 the nomination day or last nomination day, as the case may be, fixed in terms of section 38(1)(b)(i) (a), any two of the party’s designated office-bearers may provide to the appropriate provincial elections officer through the National Command Centre, a nomination paper conforming to section 46(1) and (2) for another candidate (“substitute candidate”) in substitution for the candidate who has withdrawn or died. (3) The Chief Elections Officer shall forthwith transmit any nomination paper lodged in terms of subsection (2) to the appropriate provincial elections officer for scrutiny, and the provincial elections shall, after scrutiny of the nomination paper, forthwith report to the Chief Elections Officer whether, in his or her opinion, the substitute candidate would qualify for nomination if he or she had been nominated in accordance with section 46. (4) Where— 3 Sic: second ‘after’ appears to have been included in error. 4 Sic: ibid 73