ELECTORAL ACT ____________________________________________________________________________________ PART X ELECTION OF CHIEFS TO PARLIAMENT 40 Election of Council of Chiefs and of President and Deputy President of Council of Chiefs and other Senator Chiefs For the purpose of electing— (a) the President and the Deputy President of the Council of Chiefs referred to in section 37 of the Traditional Leaders Act [Chapter 29:17]— (i) each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act [Chapter 29:17] shall convene at the time and place and on the day or days fixed by the President in terms of section 38(3)(a)(i) to elect the Council of Chiefs referred to in section 37 of the Traditional Leaders Act [Chapter 29:17]; and (ii) the Council of Chiefs shall convene at the time and place and on the day or days fixed by the President in terms of section 38(3)(a)(ii) to elect the President and the Deputy President of the Council of Chiefs; and (b) two Chiefs to the Senate to represent each non-metropolitan province in terms of section 120(1)(b) of the Constitution, each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act [Chapter 29:17], shall constitute an electoral college which shall be convened at the time and place and on the day or days fixed by the President in terms of section 38(3)(b). [Section as substituted by s. 31 of Act No. 17 of 2007 and amended by s. 48 of Act No. 6 of 2014] 41 Presiding officers For the purposes of the nomination and election of Chiefs to the Senate, the Commission shall appoint one of its officers to be the presiding officer of the electoral college referred to in section forty. [Section as amended by s. 87 of Act No. 17 of 2007] 42 Quorum of electoral colleges One-half of the total membership of the electoral college shall constitute a quorum of that electoral college. [Paragraph as amended by s. 87 of Act No. 17 of 2007] 43 Nomination of Chiefs as candidates (1) At every meeting of an electoral college the presiding officer shall call for nominations of candidates for election to fill any vacancies in the membership of the Senate that are to be filled by the electoral college concerned. [Subsection as amended by s. 32 of Act No. 17 of 2007] (2) Every candidate for election to the Senate as a chief in terms of this Part shall be nominated by one Chief who is a member and present at the meeting of the electoral college concerned and seconded by another Chief who is a member and present at the meeting of the electoral college. [Subsection as amended by s. 32 of Act No. 17 of 2007] (3) No nomination in terms of subsection (2) shall be valid unless the candidate has signified his or her acceptance of it. (4) … [Subsection repealed by s. 32 of Act No. 17 of 2007] (5) If at a meeting of an electoral college— (a) only one candidate has been duly nominated to represent the province concerned, the presiding officer shall forthwith declare such candidate to have been duly elected as a 58