Nomination of candidates Zama Fakudze
Nominating electoral candidates
(1) On the day, times and places specified under section 27, the returning officer shall attend to receive nominations of candidates for election.
(2) The number of candidates nominated pursuant to section 27 shall not be less than three and not more than twenty.
(3) The nomination of candidates for the respective elections shall be endorsed with the consent of the candidate for nomination and supported by at least ten registered voters.
(4) The fact that the name of a supporter of a candidate is struck off the voters list subsequent to nomination shall not invalidate the nomination of the candidate.
(5) The nomination of a candidate shall be made on the approved Form No. 2 which shall be delivered to the returning officer.
(6) A candidate shall at the time of his nomination deliver to the returning officer a declaration on oath in the approved Form No. 3 as to the qualification of that candidate to be elected and also that the candidate is not disqualified from being so elected.
(7) Following nomination, a candidate shall present himself to the Police for the purpose of getting a clearance certificate which shall be delivered to the returning officer.
(8) A candidate shall not be nominated for election−
for more than one Umphakatsi or recognizable community;
in more than one Inkhundla;
whilst the candidate is a member of the House of Assembly, Indvuna yeNkhundla and Bucopo; or
where the candidate has at any time been, under a –
the Prevention of Corruption Act, 2006;
the Prevention of Organised Crime Act;
the Sexual Offence and Domestic Violence Act, 2013; or
any other offence listed in the under the Fourth and Fifth Schedules of the Criminal Procedure and Evidence Act, 1938
Provided that if five years or more have elapsed since the termination of the sentence of imprisonment, this paragraph shall not apply.
Returning officer to receive nominations, declaration and police certificate
(1) A returning officer shall attend in person to receive nomination papers, declarations on oath and police clearance certificates.
(2) The returning officer may authorise a presiding officer in each Umphakatsi to perform the duties assigned to the returning officer by subsection (1) [Elections Act].
Declaration of candidate duly nominated for election
(1) Where the presiding officer delivers to the returning officer a−
declaration on oath;
police clearance certificate,
proof of payment of tax or arrangement thereof, and
subject to subsection (6) [Elections Act], consent letter from employer, in the case of a public officer
the returning officer shall, after examining the documents and finding them satisfactory, declare the candidate duly nominated, unless proof is given to the satisfaction of the returning officer of the candidate’s death, withdrawal or disqualification.
(2) The returning officer shall inform a candidate that the candidate’s nomination is invalid where–
the particulars of the candidate or the persons subscribing to the nomination paper are not as required by law; or
the nomination paper is not subscribed to as required by law.
(3) Where the returning officer rejects a nomination, the returning officer shall immediately notify the candidate or any person supporting the nomination of that candidate of the rejection and the grounds for the rejection, and shall afford that candidate an opportunity, at any time before close of nominations, to make any amendment or alteration that the candidate considers necessary.
(4) The returning officer shall, as soon as practicable after close of day for nominations, submit to the Commission a register containing the full names, registration number and address of every nominated candidate.
(5) As soon as practicable after the last day for nomination, the returning officer shall post at the Umphakatsi centre and at such other places as the Commission may direct, a notice proving the names and photographs of the nominated candidates.
(6) The employer shall cancel the consent letter required under subsection (1)(e) [Elections Act] where the Public Officer is not successful in the election and such cancellation of leave of absence shall have effect from the date of losing the election.
(7) The employer shall not issue a consent letter more than once in relation to the same public officer who has had a term of election in any category under this Act.