vote. This can become a problem where there is a concerted and organised effort aimed at
displacing voters from areas close to their specific polling stations or to bar them from voting
altogether.
V
PRESIDENTIAL
ELECTIONS
RESULTS
Harmonisation of Provisions
•
Clause 29 repeals and substitutes Section 110 of the Act which deals with the determination
and declaration of Presidential election results. The main object is to bring within a single section
all the special provisions presently contained in Section 112 and the Second Schedule for the
determination and declaration of the results of a presidential election or presidential runoff
election. Section 112 and the Second Schedule will therefore be repealed.
Posting of Returns
•
The provisions attempt to promote transparency in the counting and collation of votes
requiring constituency returns to be posted outside the constituency centre for the public to
access and the presence of candidates or chief election agents at the verification of returns and
adding the votes. All candidates must be given reasonable notice to attend, as are observers.
Run-off Election
•
Paragraph (f) specifies the options to be taken after the counting of results. The key is that
where there are three or more candidates, the winner must be the person who has received
“more than half the number of votes”. According to sub-paragraph (iii), a run-off election
must be held if no candidate has received more than half the number of votes in the election.
•
There is a discrepancy in the statement of the period within which the run-off election must be
held. Section 110(3)(f)(iii) refers to the period as being “a fixed date not less than twentyone and not more than sixty-three days after the polling day or last polling day”.
However, the “sixty-three days” here seems to be out of place as both section 38(1) (a) (iii)
9