ELECTORAL ACT
____________________________________________________________________________________
(a) only one candidate has been duly nominated to fill a single vacancy or, where there is
more than one vacancy to be filled, the number of candidates who have been duly
nominated is equal to or less than the number of vacancies to be filled at the election,
the candidate or candidates concerned shall be deemed to have been duly elected and
the Chief Elections Officer shall forthwith give notice in a newspaper and post a notice
at his or her offices showing the name or names of the candidate or candidates
concerned:
Provided that, where one or more vacancies remain to be filled, a fresh election
shall be held to fill them and this Part shall apply, with any changes that may be
necessary, as if the vacancy or vacancies had occurred on nomination day;
(b) the number of candidates who have been duly nominated exceeds the number of
vacancies to be filled at the election, the Chief Elections Officer shall forthwith, by
notice in a newspaper and posted at his or her office, notify—
(i) the names of the candidates in respect of whom a poll will be taken; and
(ii) the date or dates of the poll; and
(iii) the situation of each fixed polling station and the hours during which it will be
open;
(c) the same person has been duly nominated for—
(i) more than one vacancy in the office of councillor; or
(ii) the office of mayor and one or more vacancies in the office of councillor;
his or her nomination for all the vacancies for which he or she has been duly
nominated shall be void.
[Paragraph inserted by s. 69 of Act No. 17 of 2007]
(5) Any person who—
(a) as a candidate or otherwise, forges any signature purporting to be that of a nominator;
or
(b) as a candidate or otherwise, lodges a nomination paper knowing that any signature
therein purporting to be that of a nominator is forged; or
(c) being a candidate—
(i) permits the lodging of a nomination paper on his or her own behalf knowing
that any signature therein purporting to be that of a nominator is forged; or
(ii) fails to disclose any previous conviction as required in terms of paragraph (d)
or (e) of subsection (2) of section one hundred and nineteen;
shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for
a period not exceeding six months 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 councillor for a period of five years from the date of conviction.
126
Withdrawal of candidate
(1) Subject to this Act, a person who has been duly nominated as a candidate at an election
may, at any time before polling day or the first polling day, as the case may be, in the election
concerned, withdraw his or her candidacy by means of written notification to the Chief
Elections Officer, signed by the candidate personally.
(2) Where the Chief Elections Officer is notified of a candidate’s withdrawal after the
posting of a notice in terms of paragraph (b) of subsection (4) of section one hundred and
twenty-five, and—
(a) the number of remaining candidates is equal to or less than the number of vacancies to
be filled at the election, the Chief Elections Officer shall declare the remaining
candidate or candidates to be duly elected and shall forthwith give notice in a
newspaper and post a notice at his or her office showing the name of the candidate or
candidates concerned:
112
Select target paragraph3
Add to table of contents