ELECTORAL ACT
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(b) afford any person who is a voter to lodge any written objection (together with reasons
for the objection) to the nomination within a specified time from the date of
publication of the notice in the Gazette.
(6) As soon as possible after the last day for the lodging of objections in terms of
subsection (5)(b) the Commission shall—
(a) if no objection to the party-list candidate has been received or, having considered
every objection received, it finds that there are no valid grounds for objecting to the
candidature, notify the public by notice in the Gazette that the person nominated to fill
the vacancy has been appointed as a Senator or member of the National Assembly (as
the case may be) with effect from the date of the notice, giving the name, address and
such other particulars of the person as it considers necessary in the interests of public
information; or
(b) having considered every objection received, and having found that there are valid
grounds for objecting to the candidature, afford the political party concerned to make
representations on the matter.
(7) If, having considered any representations of the political party received in terms of
subsection (6)(b), the Commission is still of the view that there are valid grounds for objecting
to the candidature, the Commission shall proceed in accordance with subsection (3)(a), and
subsections (4), (5) and (6) shall thereafter apply until a qualified person is identified to fill the
vacancy concerned.
[Section inserted by s. 19 of Act No. 6 of 2014]
45I
Determination of result of election for party-list candidates
(1) Upon receipt of returns from all the constituencies in a province in terms of section
65(5a), the provincial elections officer shall determine, in accordance with the Eighth Schedule,
which of the duly nominated party-list candidates for the province should be declared elected,
and shall forthwith declare those candidates to be duly elected as Senators, members of the
National Assembly or members of the provincial council, as the case may be.
(2) Immediately after making a determination in terms of subsection (1), the provincial
elections officer shall—
(a) provide each representative of the political parties contesting the election with a copy
of the determination, showing—
(i) the names of the candidates determined to be elected; and
(ii) the calculations by which the determination was reached;
and cause another such copy to be sent to the Commission without delay by telegram,
telefacsimile, electronic mail or such other means that may be prescribed; and
(b) affix, on the outside of the provincial centre so that it is visible to the public, a list of
the names of the candidates determined to be elected.
(3) A declaration by a provincial elections officer under this section shall be final, subject
to reversal on petition to the Electoral Court that the declaration be set aside or to the
proceedings relating to the election concerned being declared void under section 50(1):
Provided that if, as a result of a recount of votes or the setting aside of a constituency
election in terms of this Act, the number of votes cast for any political party in the province is
altered, the Commission shall cause the determination under subsection (1) to be made afresh
and shall, where appropriate, alter the declaration accordingly.
[Section inserted by s. 19 of Act No. 6 of 2014]
[Part XIA inserted by s. 19 of Act No. 6 of 2014]
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