ELECTORAL ACT (as amended at 24th January 2008)
reasonable grounds for believing that the alleged miscount of the votes occurred and that, if it
did occur, it would have affected the result of the election.
(4) The Commission may on its own initiative order a recount of votes in any polling
stations if it considers there are reasonable grounds for believing that the votes were
miscounted and that, if they were, the miscount would have affected the result of the election.
(5) Where the Commission orders a recount of votes in terms of this section, the
Commission shall specify—
(a) the polling stations whose votes are to be recounted and, where appropriate, the
votes that are to be recounted; and
(b) the date on which, and the place and time at which the recount is to take place; and
(c) the procedure to be adopted for the recount;
and shall take all necessary steps to inform accredited observers and all political parties and
candidates that contested the election of its decision and of the date, time and place of the
recount.
(6) Accredited observers and representatives of candidates and political parties that
contested the election shall be entitled to be present at any recount ordered in terms of this
section.
(7) The Commission’s decision on whether or not to order a recount and, if it orders one,
the extent of the recount, shall not be subject to appeal.
68
Chief Elections Officer to cause names of candidates elected to be
published
As soon as the names of the persons declared duly elected for the several constituencies
have been received by the Chief Elections Officer, he or she shall cause a notice to be
published in the Gazette, giving the full names of the members returned, together with the
constituencies which they severally represent and the days with effect from which they were
so elected.
69
…
[Repealed]
70
Custody and disposal of ballot and other papers
(1) A constituency elections officer shall not open any—
(a) closed and sealed ballot box or sealed packet that has been delivered to him or her in
terms of section 64(1)(a) and (b); or
(b) sealed packet containing documents referred to in subsection (1) or (2) of section
eighty; or
(c) closed and sealed postal ballot box or sealed packet referred to in section 64(1)(a)
and (b);
while such ballot boxes and packets remain in his or her custody.
(2) As soon as may be after the constituency elections officer has sealed or received into
his or her custody all the ballot boxes and packets referred to in subsection (1), he or she shall
transmit them to the places designated by the Chief Elections Officer and shall endorse on
each packet a description of its contents and the date of the election to which it relates.
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