| (1) | A person may contest an election as an independent candidate only if that person is nominated on a prescribed form and that form is submitted to the Commission by not later than a date stated in the timetable for the election and complies with the requirements of subsection (3). |
| (2) | The prescribed nomination form must be submitted in the prescribed manner by not later than the relevant date stated in the election timetable. |
| (3) | The following must be attached to a nomination when it is submitted: |
| (a) | A completed prescribed form confirming that the independent candidate 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 his or her candidature— |
| (aa) | totalling 15 percent of the quota for that region in the preceding election, if intending to contest only one region; or |
| (bb) | totalling 15 percent of the highest of the regional quotas in the preceding election, if intending to contest more than one region, provided that where 15 percent of the highest of the quotas is not achieved, that the independent candidate may only contest 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 his or her candidature, totalling at least 15 percent of the quota of that province in the preceding election, which the independent candidate intends to contest, provided that an independent candidate who was elected to either the National Assembly or a provincial legislature as an independent candidate in the preceding election shall be exempt from this requirement; |
| (b) | a deposit equal to a prescribed amount, payable in the prescribed form and manner; |
| (c) | a prescribed undertaking, signed by the candidate, to be bound by the Code; |
| (d) | a prescribed declaration, signed by the candidate, that he or she is not disqualified from standing for election in terms of the Constitution or any applicable legislation; |
| (e) | if contesting an election of a provincial legislature, a prescribed declaration, signed by the candidate confirming that he or she is registered to vote within a province in which he or she intends contesting; and |
| (f) | a recent photograph of the candidate in such form as may be prescribed. |
| (4) | The Commission may in the form and manner as may be prescribed request— |
| (a) | an acceptance of nomination signed by the candidate; and |
| (b) | a copy of the identity card or that page of the candidate’s identity document on which the candidate’s photo, name and identity number appear. |
| (5) | The Commission must accept a nomination submitted to it and allow the nominated person to stand as a candidate in the election if the provisions of section 31A and this section have been complied with. |
| (6) | The amount to be deposited by an independent candidate contesting an election of a provincial legislature, must be less than the amount for contesting an election of the National Assembly, and such deposits may also be different to the deposits paid by registered parties. |
[Section 31B inserted by section 6 of Electoral Amendment Act, 2023, Notice No. 3295, GG48432, dated 17 April 2023 - effective 19 June 2023 (Proclamation No. 124 of 2023)]
