Senate (Elections) Act
Act 48 of 1967
- Commenced on 7 April 1967
- [This is the version of this document at 1 December 1998.]
Part I – General
1.In these regulations—"absolute majority" means more than one-half of the value of all the votes for the time being counted in favour of candidates, no account being taken of the value of the exhausted votes given in favour of an excluded candidate;"approved form" means form approved by the returning officer;"by-election" means an election to fill a casual vacancy or vacancies occurring at any time other than at a full election;"continuing candidates" mean candidates not elected or not excluded from the poll at any given time;"day of nomination" shall be the day of first meeting of the House of Assembly referred to in section 5 in the case of a full election, or the date specified in the notice published under the provisions of section 33 in the case of a by-election;"exhausted papers" mean ballot papers on which no further preference is recorded for a continuing candidate, provided that a paper shall also become exhausted in any case in which—(a)the name of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference, or(b)the name of the candidate next in order of preference, whether continuing or not, is marked—(i)by a figure not following consecutively after some other figure on the ballot papers, or(ii)by two or more figures;"first preference" means the figure 1 set opposite the name of any candidate; "second preference" similarly means the figure 2; "third preference", the figure 3; and so on;"full election" means an election of all Senators in consequence of the dissolution of the Senate constituted in terms of section 37 of the Constitution, as provided in section 59 of the Constitution;"Minister" means the Prime Minister;"original votes" in regard to any candidate mean the votes derived from ballot papers on which a first preference is recorded for such candidate;"President" means person elected in terms of the Constitution as President or Acting President of the Senate, and where no such President has been elected, the Clerk to the Senate;"Speaker" means person elected in terms of the Constitution as Speaker or Acting Speaker of the House of Assembly;"surplus" means the number by which the value of the votes of any candidate, original and transferred, exceeds the quota;"transferred votes" in regard to any candidate means votes, the value or part of the value of which is credited to such candidate, and which are derived from ballot papers on which a second or subsequent preference is recorded for such candidate;"unexhausted papers" mean ballot papers on which a further preference is recorded for a continuing candidate.
3.For the purposes of an election under this Act, two assessors, not being members, shall be nominated (one by the President and one by the Speaker), who shall assist and advise the returning officer in his duties both in respect of the receiving of nominations and the conduct of the election:Provided that, for the purpose of the first full election, the aforesaid assessors shall be nominated by the Speaker.
4.Before entering upon their duties, the returning officer, assistant returning officer and the assessors shall be required to make oath or affirmation before a judge or magistrate that they will faithfully and impartially discharge the duties of their offices according to this Act or such other law as may be lawfully made in regard to the election of Senators, and that they will not disclose any facts or information coming to their knowledge in the performance of their duties under the law.
Part II – Full election
5.When the House of Assembly first meets after any general election and as soon as it shall have elected a person to be Speaker in terms of section 48 of the Constitution, it shall immediately proceed to the business of the election of Senators.
9.If the number of candidates duly nominated is less than the number of vacancies to be filled, the returning officer shall notify the fact to the Speaker, who shall so inform the members at the next sitting and call for further nominations to be made at such sitting.
11.If the number of candidates duly nominated is equal to the number of vacancies to be filled, the returning officer shall declare the candidates so nominated to be duly elected, and shall immediately thereafter notify the Speaker of the names of the persons declared duly elected, and upon being so notified the Speaker shall inform the President and, at the next sitting of the House of Assembly the members, of the names of the persons declared duly elected, and cause a notice containing the full names of the persons declared elected and the date on which they were declared elected to be published in the Gazette.
12.If a duly nominated candidate dies before the commencement of the sitting at which the election is to proceed, as provided in section 13(2), the Speaker shall, upon being satisfied of the fact of death, so inform the members at the commencement of such sitting and call for further nominations to be made at such sitting.
14.Each member present shall vote in person and no member shall be allowed to vote by proxy.
17.A ballot paper shall be invalid—
19.When the names of the persons declared duly elected have been received by the Speaker, he shall inform the members and the President accordingly and shall cause a notice containing the full names of the persons declared elected and the date on which they were declared elected to be published in the Gazette.
Part III – Counting of votes
20.For the purpose of facilitating the processes prescribed by these regulations, each valid ballot paper shall be deemed to be of the value of one hundred.
21.In carrying out these regulations, the returning officer shall—
22. Where one person only has to be elected
23. When more than one person has to be elected
24.The returning officer shall then add together the values of the papers in all the parcels and divide the total by a number exceeding by one the number of vacancies to be filled, and the result increased by one shall be the number sufficient to secure the return of a candidate, herein called the "quota".
25.If at any time under this Act a number of candidates equal to the number of persons to be elected has obtained the quota, such candidates shall be declared elected, and no further steps shall be taken.
29.If, as the result of a transfer of papers under this Act, the value of the votes obtained by a candidate is equal to, or greater than, the quota, the transfer then proceeding shall be completed, but no further papers shall be transferred to him.
Part IV – By-elections
33.When, and as often as a casual vacancy occurs, the Minister shall, upon being notified of such vacancy, publish a notice in the Gazette declaring a vacancy and fixing a date on, and a time and place at which, a sitting of members will be held for the purpose of electing a person to fill the vacancy, and thereupon the like proceedings shall, mutatis mutandis, take place for the filling of such vacancy as are hereinbefore prescribed in regard to a full election.
History of this document
01 December 1998 this version
07 April 1967