Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/5

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or by telegram signified his willingness to accept nomination.

(3) The names of the persons duly nominated as provided in subsection (2) shall be announced at the meeting at which the election is to take place by the person presiding at the meeting, and no debate shall be allowed at the election.

(4) If in respect of any election only one nomination has received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

(5) Where more than one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favour a majority of all the votes cast is recorded shall be declared duly elected by the person presiding at the meeting.

(6) (a) If no candidate obtains a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this procedure being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.

(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall for the purposes of paragraph (a) be eliminated.

(7) (a) Whenever―

(i)

only two candidates have been nominated; or

(ii)

after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,

and there is an equality of votes between candidates, a further meeting shall be called in accordance with the provisions of section 7, and the provisions of this section shall apply as if such further meeting were the first meeting called for election in question.

(b) If at the third meeting there is again an equality of votes, the electoral college shall dissolve, an electoral college shall again be constituted and the provisions of section 7 and this section shall apply mutatis mutandis as if the newly constituted electoral college were the first electoral college constituted for the purposes of the election in question.

(8) (a) The Chief Justice shall make rules in regard to the procedure to be observed at a meeting of any electoral college constituted as provided in section 7, including rules prescribing the form in which any nomination shall be submitted and rules defining the duties of the presiding officer and of any person appointed to assist him, and prescribing the manner in which a ballot at any such meeting shall be conducted.

(b) Such rules shall be made known in such manner as the Chief Justice may consider necessary.

Tenure of office of State President.

9. (1) The State President shall hold office, subject to the other provisions of this section―

(a)

during the continuance of the Parliament from which the electoral college that elected him was constituted; and

(b)

after the dissolution of that Parliament, whether by effluxion of time or otherwise, until a State President has, at or after the commencement of the first session of the newly constituted Parliament, been elected as provided in sections 7 and 8 and has assumed office,

but shall be eligible for re-election.