Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/116

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Schedule 3—Election Procedures

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Single candidate

5.

If only one candidate is nominated, the person presiding must declare that candidate elected.

Election procedure

6.

If more than one candidate is nominated —

(a)

a vote must be taken at the meeting by secret ballot;

(b)

each member present, or if it is a meeting of the National Council of Provinces, each province represented, at the meeting may cast one vote; and

(c)

the person presiding must declare elected the candidate who receives a majority of the votes.

Elimination procedure

7.

(1)

If no candidate receives a majority of the votes, the candidate who receives the lowest number of votes must be eliminated and a further vote taken on the remaining candidates in accordance with item 6. This procedure must be repeated until a candidate receives a majority of the votes.

(2)

When applying subitem (1), if two or more candidates each have the lowest number of votes, a separate vote must be taken on those candidates, and repeated as often as may be necessary to determine which candidate is to be eliminated.

Further meetings

8.

(1)

If only two candidates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days, at a time determined by the person presiding.

(2)

If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it were the first meeting for the election in question.

Rules

9.

(1)

The President of the Constitutional Court must make rules prescribing —

(a)

the procedure for meetings to which this Schedule applies;

(b)

the duties of any person presiding at a meeting, and of any person assisting the person presiding;

(c)

the form on which nominations must be submitted; and

(d)

the manner in which voting is to be conducted.

(2)

These rules must be made known in the way that the President of the Constitutional Court determines.