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Election ” local authority election ” candidate ” disqualification ” candidate disqualified if in default of payment of rates etc C ” onus on party claiming candidate to be disqualified ” not for candidate to prove he is not disqualified
A candidate for a municipal election may be disqualified on the grounds that he is in default with the payments of rates or other charges due to the council. The applicants were disqualified by the Registrar-General from standing for positions as councillors in municipal elections on the grounds that they had not produced rates clearance certificates either at all or in time.
Held, that there was no onus on them to prove that they were not disqualified. It was for the respondent, as the party who claimed that the applicants did not qualify, to prove the disqualification.
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