early but results announced last or reports by election observers to the same
effect. In any event, the applicant does not relate his averments in this respect to
the nub of his challenge. The announcement of results, in whatever sequence,
does not affect the outcome of an election. If a candidate garnered 10 votes in a
particular constituency, that tally is not changed whether that result is
announced first or last. In my reading of the applicant’s papers he does not
challenge the correctness of the results declared for Harare province.
29.4. Further, and in any event, in terms of s66(1) of the Electoral Act the
declaration of results for National Assembly elections is done at the constituency
level by the constituency elections officer. The announcement of that result at
the national command centre satisfies no legal requirement and as such grounds
no legal challenge to the elections.
30. Ad Para 4.9
This is denied.
30.1. Whilst it is correct that the presidential ballots are counted first the
transmission of results from a polling station by a presiding officer to the ward
centre is done at the same time for all three electoral races under consideration
i.e. the presidential ballots are counted first then we move on to the House of
Assembly ballots and lastly, we count the local authority ballots. Only after all
have been counted and their returns duly completed, does the presiding officer
leave the polling station to take the results and the election residue to the ward
centre.
Select target paragraph3
Add to table of contents