- 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.
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