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

27. Submission of lists of candidates

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(1) A registered party intending to contest an election must nominate candidates and submit a list or lists of those candidates for that election to the chief electoral officer in the prescribed manner by not later than the relevant date stated in the election timetable.

 

(2)The list or lists must be accompanied by a prescribed—
(a)undertaking, signed by the duly authorised representative of the party, binding the party, persons holding political office  in the party, and its representatives and members, to the Code;
(b)declaration, signed by the duly authorised representative of the party, that each candidate on the list is qualified to stand for election in terms of the Constitution or national or provincial legislation under Chapter 7 of the Constitution and has signed the prescribed acceptance of nomination;

[Section 27(2)(b) substituted by section 10(a) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]

(c)[Section 27(2)(c) deleted by section 10(b) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]
(cA)declaration, signed by the duly authorised representative of the party confirming that each candidate appearing on the party’s provincial list of candidates referred to in Schedule 1A is registered to vote within the province in which the election will take place;
(cB) form, in the case of a registered party not represented in the National Assembly or any provincial legislature, confirming that the party has submitted, in the prescribed manner, the names, identity numbers and signatures of voters whose names appear—
(i) in the case of an election of the National Assembly in respect of regional seats, on the national segment of the voters’ roll and who support the party—
(aa) totalling 15 percent of the quota for that region in the preceding election, when nominating candidates for one region; or
(bb) totalling 15 percent of the highest of the regional quotas in the preceding election, when nominating candidates for more than one region provided that where 15 percent of the highest of the quotas is not achieved, that the party may only nominate candidates for the region or regions as determined by the next highest quota; or
(ii) in the case of an election of a provincial legislature, on the segment of the voters’ roll for the province and who support the party, totalling at least 15 percent of the quota of that province in the preceding election, for which the party intends to nominate candidates;
(d)undertaking signed by each candidate, that that candidate will be bound by the Code; and
(e)deposit.

[Section 27(2)(cA-cB) inserted by section 3 of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]

 

(3)
(a) The Commission may prescribe the amount to be deposited in terms of subsection (2)(e).
(b) The amount to be deposited by a registered party contesting an election of a provincial legislature must be less than the amount for contesting an election of the National Assembly.

 

(4) Upon request by the Commission, a party must, in the prescribed manner and form, submit an acceptance of nomination signed by a candidate appearing on a party list submitted by that party.

[Section 27(4) inserted by section 10(c) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]