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From Roach Busters

Nomination procedure

22. (1) No person shall become a candidate for election to the office of the President unless —

(a) he has been duly proposed as such a candidate in a nomination paper —

(i) signed by the chairman and the secretary of or at the national congress or meeting of a political party, association of persons, organization or body which is a registered political party in terms of the Electoral Act, 1979 (Act 13 of 1979), in the case where such a person has been designated by such congress or meeting as the official candidate of such registered political party; or

(ii) which, where the person so proposed is not a person who has been designated as the official candidate of a registered political party as contemplated by subparagraph (i), shall be signed by two persons registered as voters in terms of the Electoral Act, 1979, and be accompanied by a list or lists containing the names and signatures of at least one thousand persons so registered as voters, who support the nomination of the person so proposed, each one of such signatures which shall have been authenticated by a commissioner of oaths or a justice of the peace after sufficient proof of identity had been submitted to him; and

(iii) in which the proposed candidate, under his signature, conveys that he consents to the nomination;

(b) such nomination paper, accompanied by documentary proof in regard to the matters referred to in section 21(4), and, where applicable, also by the list or lists contemplated by paragraph (a)(ii) of this subsection, is lodged with the Registrar of the Supreme Court, who shall be the secretary of the nomination court, not later than seven days prior to the date determined in terms of section 21(3), or is received by the nomination court on the date so determined; and

(c) the nomination court has, in terms of subsection (4) of this section, declared the proposed candidate to be duly nominated.

(2) A nomination court under the chairmanship of a judge of the General Division of the Supreme Court shall sit on the day determined by notice in terms of section 21(3) and, where applicable, on any day to which the proceedings have been adjourned in terms of subsection (6) of this section, for the purpose of considering the nominations of candidates for election to the office of President, and in relation to such nominations, to exercise and perform such powers, functions and duties as hereinafter provided.

(3) The nomination court shall reject —

(a) the nomination of any person in respect of whom it has not been proved to the satisfaction of such court, that he is qualified in terms of section 21(4); and

(b) any nomination in respect of which the requirements of subsection 1(a) and (b) have not been complied with,

and shall accept the nomination of any proposed candidate whose nomination has not been so rejected.

(4) Where the nomination court has, in terms of subsection (3) of this section, accepted the nomination —

(a) of only one proposed candidate, the nomination court shall declare such candidate to be duly nominated, in which event he shall be deemed to have been elected to the office of President unopposed;

(b) of two or more candidates, the nomination court shall declare to be duly nominated every such candidate who has, before termination of the proceedings before the court, deposited with the secretary of that court an amount of five thousand dollars, whether in cash or by way of banker's check, and if —

(i) only one of the proposed candidates is declared to be duly nominated in terms of the preceding provisions of this paragraph, the provisions of paragraph (a) of this subsection shall mutatis mutandis apply, whereupon the amount so deposited shall forthwith be refunded to him; or

(ii) any two or more or all of the proposed candidates are so declared to be duly nominated, a poll shall be held in respect of them in accordance with the provisions of section 24.

(5) (a) A proposed candidate may withdraw his consent to nomination at any time before the termination of the proceedings before the nomination court by lodging with the chairman of that court a notice of such a withdrawal under his signature, whereupon the nomination of such candidate shall lapse.

(b) No candidate may withdraw his candidature at any time after he has been declared duly nominated by the nomination court in terms of subsection (4), and any candidate who purports to do so shall remain capable of being elected President.

(6) If, on the day determined by notice in terms of section 21(3) —

(a) none of the proposed candidates has been declared to be duly nominated in terms of subsection (4) of this section or there are no nominations before the nomination court for its consideration, the nomination court shall adjourn the proceedings to a date fourteen days thence for the purpose of receiving proper or further nominations (as the case may be) on such date and shall, where circumstances so require, further adjourn the proceedings for such a period, until such time as it has, within the contemplation of subsection (4) of this section, declared any proposed candidate to be duly nominated;

(b) the nomination court is satisfied that a proposed candidate had died after a nomination paper had been lodged in respect of him in accordance with the provisions of subparagraph (ii) of subsection (1)(b) of this section, and that the nomination of such candidate would have been accepted by such court in terms of subsection (3) of this section had such candidate not died, such court, on the application of the signatories of such nomination paper or the voters represented by them, shall adjourn the proceedings before such court to a date twenty-one days thence for the purpose of enabling the applicants to tender to such court on such date a nomination paper and such other documents as may be required by this section in relation to the nomination of candidates.

Procedure where duly nominated presidential candidate dies

23. (1) Where a candidate referred to in section 22(4)(b)(ii) dies before the commencement of the polling period, the signatories of the nomination paper in respect of him shall forthwith notify the secretary of the nomination court of the death of such candidate, and furnish the necessary proof thereof, whereupon the further proceedings in relation to the election shall be suspended for a period of twenty-one days, subject to the provisions of this section, so as to enable such signatories or the voters represented by them to nominate another candidate, and for that purpose to tender to the nomination court, on a date twenty-one days as from the day of such death, a nomination paper and such other documents as may be required by section 22 in relation to the nomination of candidates.

(2) The secretary of the nomination court shall, upon receipt of a notification in terms of subsection (1), forthwith inform the Speaker accordingly, whereupon the Speaker shall, by publication in the Gazette and in at least one newspaper circling in each district —

(a) give notice of the death of the candidate concerned, and that further proceedings in relation to the election are suspended until the expiration of the period of twenty-one days, as contemplated by subsection (1);

(b) specify the date, contemplated by subsection (1), upon which, and at the time and place at which,