ELECTORAL ACT (as amended at 24th January 2008) candidate for, or from election as, a member of Parliament for a period of five years from the date of conviction. 47 Deposit on nomination (1) At the same time as the nomination paper is lodged in terms of section forty-six there shall be deposited with the nomination officer, by or on behalf of the person nominated, such sum as may be prescribed. (2) The sum referred to in subsection (1) shall be non-refundable and shall form part of the funds of the Commission. 48 Procedure when poll to be held If a poll becomes necessary in terms of paragraph (c) of subsection (17) of section fortysix, the nomination officer shall notify the Chief Elections Officer, who shall, as soon as practicable after nomination day— (a) publish in the Gazette a notice of— (i) the names of the candidates in alphabetical order of surnames; and (ii) the polling day or days; and (b) notify by such means as he or she thinks fit the situation of and hours specified in terms of section fifty-five for the opening and closing of each fixed polling station for the constituency. 49 Withdrawal of candidate (1) Subject to this section, a duly nominated candidate for election for a constituency may withdraw his or her nomination at any time before polling or the first polling day, as the case may be, in the election concerned. (2) A withdrawal of a candidate in terms of subsection (1) shall be effected by means of a written notification to the constituency elections officer, signed by the candidate personally. (3) {Repealed] (4) If, as a result of the withdrawal of a candidate in terms of this section, only one candidate remains duly nominated for election for the constituency concerned, the nomination officer shall forthwith declare such candidate to have been duly elected as a member of Parliament with effect from the polling day or last polling day, as the case may be, fixed in terms of paragraph (b) of subsection (2) of section thirty-eight and shall notify the Chief Elections Officer accordingly, whereupon the Chief Elections Officer shall cause to be published in the Gazette notice of the name of the candidate declared so elected and the day with effect from which he or she was declared so elected: Provided that, if by virtue of an appeal in terms of subsection (19) of section forty-six, an additional candidate is to be regarded as duly nominated, the nomination officer shall revoke his or her declaration in terms of this paragraph and shall notify the Chief Elections Officer accordingly, whereupon the Chief Elections Officer shall cause to be published in the Gazette notice thereof, and a poll shall take place in accordance with this Part and Part XIII. - 41 -