ELECTORAL ACT
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Provided that the inability under this section to enforce such a contract against the candidate
shall not relieve the candidate from the consequences of any electoral malpractice having been
committed by his or her agent.
[Subsection as amended by s. 87 of Act No. 17 of 2007]
(3) A chief election agent shall, where a poll is to be held, send to the constituency elections
officer not later than three days before polling day or the earliest polling day, as the case may
be, a list containing the full names and address of every person employed by him or her for hire
or reward on behalf of the candidate in connection with an election, and if any such person is
enrolled on the voters roll, his or her number on such roll.
(4) A chief election agent who fails to comply with subsection (3) shall be guilty of an
offence and liable to a fine not exceeding level four.
97 Payments of expenses and disclosure of expenditure
(1) Except as permitted by or in terms of this Act, no payment and no advance or deposit
shall be made or promised by a candidate at an election or by any person at any time, whether
before, during or after that election, in respect of any expenses incurred or to be incurred on
account of or in respect of the conduct or management of that election, otherwise than by or
through the chief election agent of the candidate, whether acting in person or by an election
agent.
(2) All moneys provided by an association or group of persons or by any person for the
election expenses of a candidate, whether as a gift, loan, advance or deposit, shall be paid or
promised to the candidate or his or her chief election agent and not otherwise.
(3) This section shall not be construed as applying to any money deposited with a
constituency elections officer in terms of section forty-seven.
98 Receipts for election expenses
Every payment in respect of any election expenses shall, except where it is less than such
sum as may be prescribed in all in any account, be vouched for by a bill stating the particulars,
and by a receipt or some other evidence of payment.
99 Claims for election expenses
(1) Every claim against a candidate at an election or his or her chief election agent in
respect of any election expenses which is not sent in to the chief election agent within the time
limited by this Part shall be barred and shall not be paid and, subject to such exceptions as may
be allowed under this Part, a chief election agent who pays a claim in contravention of this
subsection shall be guilty of an illegal practice and liable to a fine not exceeding level six.
(2) Except as permitted by this section, the time limited for sending in claims referred to in
subsection (1) shall be sixty days after the day on which the candidate who was returned was
declared elected.
(3) All election expenses in respect of a candidate shall be paid within the time limited by
this section and not otherwise and, subject to such exceptions as may be allowed under this
section, a chief election agent who makes a payment in contravention of this provision shall be
guilty of an illegal practice and liable to a fine not exceeding level six.
(4) Except as permitted by this section, the time limit for the payment of election expenses
referred to in subsection (3) shall be seventy-two days after the day on which the candidate who
was returned was declared elected.
(5) If a chief election agent, in the case of any claim sent in to him or her within the time
limited by this section, disputes it or refuses or fails to pay it within the period of seventy-two
days referred to in subsection (4), the claim shall be deemed to be a disputed claim.
(6) The person making the claim referred to in subsection (1) may, if he or she thinks fit,
bring an action for a disputed claim in any competent court and any sum paid by the candidate
or his or her agent in pursuance of the judgment or order of such court shall be deemed to be
100
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