Electoral Act, 1998 (Act No. 73 of 1998)Chapter 3 : Proclamation of and Preparations for ElectionsPart 3A : Independent candidates31E. Objections to independent candidates |
| (1) | Any person, including the chief electoral officer, may object to the nomination of an independent candidate on the following grounds: |
| (a) | The nominated candidate is not qualified to stand in the election; |
| (b) | the nominated candidate has failed to submit the prescribed acceptance of nomination signed by the candidate as contemplated in section 31B(4); or |
| (c) | there is no prescribed undertaking, signed by the nominated 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 nominated candidate. |
| (3) | The Commission must decide the objection, and must notify the objector and the nominated 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 nominated candidate, may appeal against 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. |
[Section 31E 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)]