ELECTORAL ACT (as amended at 24th January 2008)
185
Evidence as to holding of election
Upon any charge of an electoral malpractice or any other offence against this Act alleged
to have been committed at or in connection with an election, the certificate of the constituency
elections officer for the constituency concerned, certifying that the election mentioned therein
was being or had been held, shall be sufficient evidence of the fact that such election was
being or had been held.
186
Penalty for interruptions in connection with elections
Any person who wilfully interrupts, obstructs or disturbs any proceedings taken under
this Act in connection with an election shall be guilty of an offence and liable to a fine not
exceeding level six or to imprisonment for a period not exceeding one year or to both such
fine and such imprisonment.
187
Maintenance of secrecy
(1) Every person in attendance at the counting of the votes after a poll in terms of this
Act shall maintain, and aid in maintaining, the secrecy of the voting and shall not attempt to
ascertain at such counting any number on the back of any ballot paper or communicate any
information obtained at such counting as to the candidate for whom any vote is given in any
particular ballot paper.
(2) A person who has, in the carrying out of his or her duties under this Act, obtained
knowledge as to the candidate for whom any other person has voted, shall not, except in
answer to a question lawfully put to him or her in the course of proceedings in a competent
court, disclose such knowledge.
(3) No person shall, except upon the order of a competent court or as authorised by this
Act, break the seal of or open any sealed packet transmitted or in the course of transmission in
terms of this Act to the Chief Elections Officer or to a constituency elections officer.
(4) Any person who contravenes subsection (2) or (3) shall be guilty of an offence and
liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year
or to both such fine and such imprisonment.
188
How public notice may be given and documents served
(1) A public notice required to be given by the Registrar-General of Voters, the Chief
Elections Officer, a constituency registrar, a constituency elections officer or any other person
whatsoever who under this Act is required to give public notice shall, except where it is
expressly directed to be published in the Gazette or in any other particular manner, be
sufficiently given if it is published in a newspaper circulating in the constituency or area
intended to be affected by the notice or if it is posted outside the principal outer door of every
magistrates court office in such constituency or area or in such place or places, if any, as the
Commission may determine.
(2) Save as is otherwise specially provided in this Act and without derogation from
section 40 of the Interpretation Act [Chapter 1:01], when any notice or other document is
required to be served on any person under this Act, it may be served—
(a) by delivering it to the person to whom it is addressed; or
(b) by leaving it at his or her last known place of residence or any place of residence
stated on a voters roll as his or her place of residence; or
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