41.1. As I have already averred the provisions of s110 of the Electoral Act, do not
enjoin that election agents or candidates must sign off on results prior to their
announcement and the declaration in terms of s110(3)(f).
41.2. The mischief behind excluding such a requirement is that the process
outlined in s110 of the Electoral Act ought not to be susceptible to being taken
hostage by any of the candidates contesting the election.
41.3. I also refer to the affidavit by the Electoral Commission’s acting CEO Mr.
Utloile Silaigwana already referenced above which sheds further light on the
relevant events of the 2nd and 3rd of August 2018.
42. Ad Para 6.2.6
This is denied.
42.1. In terms of s110 of the Electoral Act, there is no requirement that
presidential election results be announced by constituency. What is provided for,
as I have already averred, is that once the total votes have been tallied, I make a
declaration consistent with those results, in terms of s110(3)(f). The applicant
does not refer the court to the statutory provision grounding the contention that
the procedure for the announcement of presidential election results and the
declaration made were contrary to the law.
42.2. There being no basis for the applicant’s objection to the announcement of
presidential election results, the correlative conclusion by the applicant; that the
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