Section 41: Writs for election of new Parliament

41. Writs for election of new Parliament (1) (a) The President, acting in accordance with the advice of the Prime Minister, shall, for the purpose of electing a new Parliament, not later than 55 days after a dissolution of Parliament under section 57 of the Constitution— (i) issue a writ of election directed to the returning officer of every constituency in Form J of the Schedule; and (ii) by notice to the Commission, appoint the day on which, if it becomes necessary to adjourn the election for the taking of a poll, the poll is to be taken. (b) Every writ of election shall— (i) subject to paragraph (c), specify— (A) the place of election; and (B) the day of election; and (ii) be forwarded to the Electoral Commissioner for transmission to the returning officer. (c) The writs of election for all the constituencies shall be dated on the same day and shall specify the same day of election under paragraph (b). (2) The day of election appointed under subsection (1) (b) shall be not less than 15 nor more than 30 days after the day on which the writ is issued, and the day on which a poll is to be taken shall be not less than 15 nor more than 60 days after the day on which the nomination of candidates for the election is received. (3) Where, on the day of election or at any time thereafter until the day on which the poll is to be taken, being days appointed under subsection (1) (b), no candidate has been nominated or the number of candidates remaining nominated is less than, or is reduced to a number less than, the number of seats to be filled, an election shall be held for the purpose of filling any seat that is unfilled— (a) on such day of election; or (b) on such day on which, if it becomes necessary to adjourn the election for the taking of a poll, the poll is to be taken, as may be determined by the person appointed to conduct the election. [S. 41 amended by Act 54 of 1985; Act 48 of 1991.]