s 8G Consideration of community declaration in reserved elections
8G.—(1) This section applies to a reserved election.[6/2017] (2) The Community Committee must accept a community declaration submitted to the Committee, subject to the following provisions:(a) subject to paragraph (b), the Community Committee may reject a community declaration if it is not made according to this Act; (b) the Community Committee must reject a community declaration if —(i) the declarant did not apply for a certificate of eligibility; or (ii) the declarant does not state that he or she considers himself or herself to be a member of the community to which the election is reserved.[6/2017] [Act 9 of 2023 wef 01/06/2023] (3) If the Community Committee accepts a community declaration, the Committee must then refer the community declaration to the Sub‑Committee for the community to which the election is reserved.[6/2017] (4) In a case referred to a Sub‑Committee for a community under subsection (3) —(a) the Sub-Committee must consider whether the declarant belongs to that community and report its conclusions to the Community Committee; (b) the Sub-Committee must be guided by the merits of the case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not; (c) if the Sub-Committee concludes that the declarant belongs to that community, the Community Committee must issue a community certificate to the declarant stating that the declarant belongs to that community; and (d) if the Sub-Committee concludes that the declarant does not belong to that community, the Community Committee must reject the declarant’s application for a community certificate and inform the declarant in writing.[6/2017]