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Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 3 : Proclamation of and Preparations for Elections

Part 3 : Parties contesting election, and lists of candidates

30. Objections to lists of candidates

 

 

(1) Any  person,  including  the  chief  electoral may object to the nomination  of a candidate on the following grounds:
(a) The candidate is not qualified to stand in the election;
(b) there is no prescribed acceptance of nomination signed by the candidate; or
(c) there is no prescribed undertaking, signed by the candidate, that the candidate is bound by the Code.

 

(2) The objection must be made to the Commission in the prescribed manner by not later than the relevant date stated in the election timetable, and must be served on the registered party that nominated the candidate.

 

(3) The Commission must decide the objection, and must notify the objector and the registered party that nominated the candidate of the decision in the prescribed manner by not later than the relevant date stated in the election timetable.

 

(4) The objector, or the registered party who nominated  the candidate, may appeal the decision of the Commission to the Electoral Court in the prescribed manner and by not later than the relevant date stated in the election timetable.

 

(5) The Electoral Court must consider and decide the appeal and notify the parties to the appeal and the chief electoral officer of the decision in the prescribed manner and by not later than the relevant date stated in the election timetable.

 

(6) If the Commission or the Electoral Court decides that a candidate's nomination does not comply with section 27, the Commission or the Electoral Court may allow the registered party an opportunity to comply with that section, including an opportunity to substitute a candidate and to re-order the names on the list as a result of that substitution.