ELECTORAL ACT
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“election” means—
(a) the election of a member of Parliament; or
(b) an election to the office of President; or
(c) an election for the purposes of the Rural District Councils Act [Chapter 29:13] or
the Urban Councils Act [Chapter 29:15];
as the case may be;
“election agent” means a chief election agent or a person appointed in terms of section
ninety-five as an election agent;
[Definition amended by s. 5 of Act No. 6 of 2014]
“election expenses”, in relation to a candidate at an election, means all moneys expended or
expenses incurred on account of or in respect of the conduct or management of that
election by that candidate or on his or her behalf or in his or her interests, but does not
include the nomination fee or any moneys expended or expenses incurred by or in the
interests of a political party of which the candidate is a member if they do not relate
directly to him or her;
[Definition amended by s. 3 of Act No. 3 of 2012]
“election period” or “period of an election” means—
(a) in the case of a Presidential election, the period between the calling of the
election and the declaration of the result of the poll in terms of section 110(3)(h);
[Paragraph amended by s. 3 of Act No. 3 of 2012]
(b)
in the case of a general election for the purpose of electing members of
Parliament, the period between the calling of the election and the declaration of
the result of the poll for the last constituency in terms of section 66(1);
(c)
in the case of an election to fill a vacancy in the membership of Parliament, the
period between the calling of the election and the declaration of the result of the
poll for the constituency concerned in terms of section 66(1);
(d)
in the case of a general election for the purpose of electing councillors, the period
between the calling of the election and the declaration of the result of the poll in
terms of section 130(1) for the last council area or ward of the local authority
concerned
(e)
in the case of an election for the purpose of filling a casual or special vacancy in
the governing body of a local authority, the period between the publication of a
notice referred to in section 121A and the declaration of the result of the poll in
terms of section 130(1) for the council area or ward of the local authority
concerned;
[Paragraph amended by s. 48 of Act No. 6 of 2014]
[Definition inserted by s. 16 of Act No. 17 of 2007]
“election petition” means an application to the Electoral Court for the election of a person
to be set aside on the ground of lack of qualification, disqualification, electoral
malpractice, irregularity or any other reason whatever;
[Definition repealed by s. 3 of Act No. 3 of 2012 and new definition inserted by s. 2 of Act No. 6 of 2018]]
“Electoral Court” means the Electoral Division of the High Court constituted by section
161;
[Definition substituted by s. 2 of Act No. 6 of 2018]
“electoral malpractice” means an intimidatory practice, corrupt practice, illegal practice or
other offence in terms of Part XX;
[Definition inserted by s. 16 of Act No. 17 of 2007]
“electoral officer” means the Chief Elections Officer, an officer employed by the
Commission or seconded to its service, a nomination officer, a provincial elections
officer, a constituency elections officer, a ward elections officer, a presiding officer, a
polling officer, or any official referred to in section 18(1) or 19;
[Definition substituted by s. 5 of Act No. 6 of 2014]
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