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

Chapter 3 : Proclamation of and Preparations for Elections

Part 3A : Independent candidates

31C. Non-compliance

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(1) If the nomination of an independent candidate does not fully comply with section 31B(3)(c), (d), (e), (f) or section 31B(4), the chief electoral officer must notify the nominated person of the non-compliance.

 

(2) The notification must be given in the prescribed manner by not later than the relevant date stated in the election timetable, and must indicate that the nominated person has an opportunity to comply with section 31B(3)(c), (d), (e), (f) or section 31B(4), by not later than the relevant date stated in the election timetable.

 

(3) If a person has been nominated both as an independent candidate and by one or more parties for an election—
(a) the chief electoral officer must, where possible, in writing, notify the person and such party or parties who have nominated such person about such state of affairs by no later than the relevant date and time stated in the election timetable; and
(b) the party or parties to whom notice has been given in terms of paragraph (a) may, by not later than the relevant date and time stated in the election timetable, substitute such a candidate.

 

[Section 31C 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)]