If the number of candidates duly nominated in a Chiefdom or Urban Industrial area or Inkhundla exceeds the number of candidates to be elected, the returning officer shall adjourn the election for the holding of a poll in accordance with the proclamation as prescribed in the Gazette, and a poll shall be taken in the manner provided by this Act.
The returning officer shall as soon as practicable after adjourning the election, publish notice of the election in the Gazette, two national newspapers and in any other place in the Inkhundla as the Commission may direct and the notice shall state−
The day or days on which and the time or times at which the poll will be taken;
location of polling station;
voters assigned to each polling station in a polling division where there is more than one polling station; and
Full names, physical addresses, occupations and photographs of the candidates nominated for election.
Can by-elections be postponed? Zama Fakudze
The Commission may request the King to postpone the voting day for a by-election in any chamber in terms of section 29 if the Commission is satisfied that the postponement is necessary for ensuring a free and fair election.
If the King accedes to the request, the King shall issue a Writ of Election to postpone the voting day for the by- election to a day determined by the King.
What are by- elections? Zama Fakudze
Whenever a vacancy occurs in the membership of the House of Assembly the Clerk, in the case of an elected member, or in the case of the Indvuna yeNkhundla and the Bucopho the Ministry responsible for Tinkhundla or Bucopho administration, shall notify the Commission in writing within seven days after the vacancy has occurred, and a by-election shall be held within a reasonable period.
Notwithstanding subsection (1), unless more than two vacancies occur in one of the chambers in subsection (1) a by-election shall not be held to fill a vacancy where Parliament, the Indvuna yeNkhundla, the Bucopho are to be dissolved within a period of less than nine months.
As soon as the Commission receives the notice in subsection (1), the Commission shall request the King to issue a Writ of Election for a by- election to fill the vacancy.
A Writ of Election issued by the King shall be forwarded to the Commission for transmission to the returning officer to whom it is addressed.
The Writ shall be in a prescribed form and shall specify the day for nomination of candidates, the times and place of the nomination, and the day or days on which the poll shall be taken.
Immediately after a writ has been issued under sub-section (1), the Commission shall publish a notice−
For the nomination of candidates in respect of the Umphakatsi concerned; and
The day or days on which the poll shall be taken in the Inkhundla concerned.
Following the notice in subsection (6), the returning officer shall proceed to hold an election in the manner provided in this Act.
Can elections be postponed? Zama Fakudze
The Commission may request the King to postpone the voting day for the general election as specified in section 27 if the Commission is satisfied that—
the postponement is necessary for ensuring a free and fair election; and
The voting day for the election will still fall within the period stipulated in section 136 of the Constitution.
If the King accedes to the request, the King shall, by Proclamation postpone the voting day for the election to a day determined by the King, but that day must fall within the period referred to in section 136 of the Constitution.
What are uncontested elections? Zama Fakudze
Subject to section 33 where at the expiry of the time allowed for delivery of nomination papers on nomination day, the number of candidates duly nominated does not exceed the number of candidates to be elected, the returning officer shall as soon as possible publicly declare the candidates to be elected and shall immediately thereafter by endorsement of the writ, certify the return of the persons declared elected to the Commission.
A candidate may, before four o’clock of the afternoon of nomination day withdraw his candidature by giving written notice, signed by the candidate to that effect, to the returning officer.
The returning officer shall forthwith cause notice of the withdrawal to be posted in a conspicuous position outside the place of nomination.
Where a duly nominated candidate whose name appears on the nominated register exhibited under this Act withdraws his or her candidature after the printing of ballot papers, the ballot papers may continue to include that candidate’s name, except that any vote cast on polling day for a candidate who has withdrawn shall be invalid.
What is the process of inspecting a nomination paper? Zama Fakudze
Any registered voter in an Inkhundla may, after the close of the nomination time and during a period as may be prescribed, inspect a nomination paper at a time and place subject to conditions as may be prescribed.
The person may, after inspection of the nomination paper under subsection (1) lodge a complaint with the returning officer in respect of the nomination challenging the qualifications of the nominated candidate or any other aspect of the nomination.
Where the returning officer rejects or renders void the nomination of a candidate by virtue of subsection (2), the returning officer shall forthwith notify the person of the decision and the reasons for the decision.
A person aggrieved by the decision of the returning officer in subsection (3) shall have a right to complain against the decision to the Commission within seven days from the date of the decision of the returning officer and the Commission may confirm or reverse the decision of the returning officer within seven days from the date of receipt of the complaint.
The decision of the Commission under subsection (4) shall be final.
What are nomination dont’s ? Zama Fakudze