ELECTORAL ACT
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(a) each candidate or his or her chief election agent; and
(b) each political party whose party-list candidates are contesting the election in the
province; and
(c) such observers as can readily be contacted;
of the time when the provincial elections officer will verify and collate the constituency returns
at the provincial command centre and declare which of the party-list candidates have been duly
elected for the province.
(2) At the time notified in terms of subsection (1) and in the presence of such candidates,
election agents and observers as are present, the provincial elections officer shall—
(a) display each constituency return to those present; and
(b) verify each constituency return by ensuring that it purports to be duly certified by the
constituency elections officer concerned; and
(c) on request, allow any candidate, election agent or observer to make notes of the
contents of any constituency return.
(3) When the provincial elections officer has displayed and verified the constituency returns
in terms of subsection (2), he or she shall add together the number of votes received by each
candidate as shown in each constituency return and—
(a) record the totals on a provincial return; and
(b) ascertain, in accordance with section 45J and the Eighth Schedule, the party-list
candidates who are to be declared duly elected in terms of that section.
(4) The provincial elections officer shall—
(a) provide a copy of the completed provincial return to every candidate, election agent
and observer who requests one; and
(b) ensure that a copy of the provincial return is displayed prominently outside the
constituency centre so that all members of the public who wish to do so may inspect it
and record its contents.
(5) Immediately after causing a copy of the provincial return to be displayed outside the
provincial command centre, the provincial elections officer shall cause the return, certified by
himself or herself to be correct, to be transmitted to the National Command Centre.
[Section inserted by s. 30 of Act No. 6 of 2014]
66 Determination and declaration of result of poll
(1) Subject to subsection (2), after verifying the ward returns in terms of section 65A and
recording on a constituency return the total number of votes received by each constituency
candidate, the constituency elections officer shall forthwith declare the constituency candidate
who has received—
(a) where there are two such candidates, the greater number of votes;
(b) where there are more than two such candidates, the greatest number of votes;
to be duly elected as a member of the National Assembly with effect from the day of the
declaration.
[Subsection substituted by s. 31 of Act No. 6 of 2014]
(2) When an equality of votes is found to exist between two or more constituency
candidates and the addition of one vote would entitle any of the candidates to be declared
elected, the constituency elections officer shall at once communicate the fact to the Chief
Elections Officer who shall, as soon as possible thereafter, arrange for the determination of the
candidate to whom such one additional vote shall be deemed to have been given by the drawing
of lots by the Chief Elections Officer in the presence of a judge of the Electoral Court, and shall
thereafter declare the candidate so determined to be duly elected as a member of [the] National
Assembly with effect from the day of such declaration.
[Subsection amended by s. 31 of Act No. 6 of 2014]
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