ELECTORAL ACT
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(2) Any disagreement between the Commission and the National Disability Board arising
from a meeting under subsection (2) shall be referred to the chairperson of the Commission,
whose decision on the issue shall be final.
(3) The sole item of business at the meeting of the Electoral College for Persons with a
Disability shall be to elect the two Senators referred to in section 120(1)(d) of the Constitution,
for which purpose—
(a) the Commission shall appoint one or more employees of the Commission to be
returning officers for the election and generally to conduct and supervise the election
in accordance7the manner agreed under subsection (2)(c) or in the manner prescribed;
and
(b) two separate ballots or separate series of ballots shall be held, one for the election of a
female Senator referred to in section 120(1)(d) of the Constitution, and another for the
election of a male Senator; and
(c) any Electoral College delegate may be assisted by any other person to participate in
and vote at the Electoral College, or be represented by an authorised proxy; and
(d) any Electoral College delegate may—
(i) nominate any other Electoral College participant to be a candidate for a
Senatorship referred to in section 120(1)(d) of the Constitution, who—
A. is of or over the age of forty years; and
B. is not disqualified under subsection (5);
and may vote for such candidate, but may not nominate or vote for himself or
herself; or
(ii) nominate any person other than an Electoral College delegate to be a candidate
for a Senatorship referred to in section 120(1)(d) of the Constitution, so long as
that person—
A. conforms to the requirements applicable to an Electoral College delegate
under section 2(2)(a) and (d); and
B. has, before the voting, indicated to the Commission his or her
willingness to be a candidate; and
C. is of or over the age of forty years; and
D. is not disqualified under subparagraph (4).
(4) No candidate shall be nominated who—
(a) within five years before the election, vacated a seat in the Senate or the National
Assembly in terms of section 129(1)(i) of the Constitution through having been
convicted of an offence; or
(b) is a party-list candidate for election to the Senate or National Assembly, or is
nominated for election as a constituency member of the National Assembly.
(5) As soon as possible after the end of balloting for candidates under this Part, the
returning officer or officers that conducted the ballot shall inform the Commission, in writing,
of the names of the candidates who have been duly elected, and the Chief Elections Officer shall
thereupon—
(a) notify the President of the Senate, in writing, of the names of the elected candidates;
and
(b) cause the names of the elected candidates to be published in the Gazette.
(6) The Commission shall reimburse the Electoral College participants for any reasonable
expenses incurred by them in connection with this Part.
[Seventh Schedule inserted by s. 47 of Act No. 6 of 2014]
7
Sic: the word ‘with’ appears to have been omitted in error.
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