ELECTORAL ACT ____________________________________________________________________________________ 45G Appeal against nomination of party-list candidate (1) Any person who is registered on the voters roll of a constituency within a province may, within forty-eight hours after the close of a nomination court in terms of section 45E, appeal to a judge of the Electoral Court in chambers against the nomination of any party-list candidate who has been declared duly nominated for election in that province. (2) In an appeal under subsection (1), the judge must confirm, vary or reverse the decision of the nomination officer within forty-eight hours of receiving the appeal, and there shall be no appeal from the judge’s decision. (3) If in an appeal under subsection (1) the judge declares a candidate not to be qualified for nomination as a party-list candidate in the election concerned, the candidate’s name shall be deleted from the list of candidates of the party concerned. [Section inserted by s. 19 of Act No. 6 of 2014] 45H Filling of vacancies for party-list candidatures before election results determined (1) If at any time before the date when results of an election for the party-list candidates are determined under section 45I any party-list candidate dies, is declared ineligible by the Electoral Court under section 45G(3), or withdraws or otherwise becomes unavailable for election, the Commission shall, on the date when the results of the election are determined, select (as the case may be)— (a) the candidate whose name appears on the party list immediately after the name of the person whose candidature for a seat in the National Assembly has been vacated; or (b) the next eligible name after the name of the person whose candidature for a seat in the Senate or provincial council has been vacated. (2) If, at any the time before the date referenced in subsection (1), two or more party-list candidates die, are declared ineligible by the Electoral Court under section 45G(3), or withdraw or otherwise become unavailable for election to a particular seat the Commission shall, on the date when the results of the election are determined, proceed down the appropriate party list until an eligible party-list candidate is found to fill the seat concerned. (3) If, having proceeded down the list as described in subsection (2), the Commission finds that the list no longer contains any eligible party-list candidates, the Commission shall by notice in the Gazette published on any day before the day when the Senate, National Assembly or provincial council, as the case may be, first meets after the election— (a) notify the public of the vacancy in the Senate, National Assembly or provincial council, as the case may be, by notice in the Gazette; and (b) invite the political party concerned in writing to submit the name of a qualified person to fill the vacancy, for which purpose the political party must lodge with the Commission a nomination paper in the prescribed form referred to in section 45E(2), countersigned by any two of the designated national office-bearers of the party referred to in section 38A(1)(a). (4) The Chief Elections Officer shall, after scrutinising the nomination paper lodged in accordance with subsection (3)(b) (for which purpose he or she may refer the nomination paper to the appropriate provincial elections officer for additional scrutiny), inform the office-bearers concerned that the papers are in order or request them to make such corrections or alterations to, or supply such clarifications in connection with, the nomination paper as are required in the interests of accuracy and ensuring conformity with this Act. (5) Upon the Chief Elections Officer being satisfied in terms of subsection (4) that the nomination paper is in order, the Commission shall without delay— (a) notify the public of the nomination to fill the vacancy by notice in the Gazette, giving the name, address and such other particulars of the party-list candidate as it considers necessary in the interests of public information; and 66