recount to run from the day that it is ordered and to make this period not more than two days.
•
In addition, the provision allows for results of the re-count to be announced within a five day
period from the completion of the re-count. This will mean potentially a further five days from
the day the recount is completed before the vote-recount result is declared. This is unnecessary
and causes unwarranted delays in the results declaration process. There is no need for allowing
a five day period “after the completion of the recount” to declare the re-count result. It is
reasonable to expect that once completed, the re-count result should be announced. It is
difficult to see any point or rationale for potentially waiting for a further 5 days from completing
the recount before the result is declared. It only breeds anxiety, uncertainty and fears of rigging
that the statute is trying to minimise. Ideally, the vote-recount must be declared as soon as it is
completed – if any limit must be imposed, it should be no more than 24 hours after the
completion of the recount.
When Does a Person Become President?
•
Section 110(3)(i) states that the declaration by the Chief Elections Officer shall be final although
it can be set aside by the Electoral Court on petition by an aggrieved party. This provision
preserves the right to challenge the proceedings relating to the election and/or the result before
an impartial judiciary.
•
Whilst the period of declaration set under paragraph (h) may be necessary to give the maximum
time-limit within which a declaration of the result must be made, the primary provision that
should guide declarations is paragraph (f) (and paragraph (g) (iii) for the run-off) which requires
mandatorily that it should be done “forthwith” after the counting and addition of the votes. As
such paragraph (i) should refer not to paragraph (h) but to paragraph (f) (and paragraph (g) (iii)
for the run-off). The current reference to paragraph (h) in paragraph (i) only serves to present
opportunities for confusion as to when the winner is declared duly elected as president.
•
Further, on the same reasoning paragraph (j) which requires the Chief Elections Officer as soon
13
Select target paragraph3
Add to table of contents