32 Electoral system and processes parties are able to deploy agents at every polling station to witness the counting of votes. This has not been the case before, as some agents from opposition parties have been arrested in the past or otherwise prevented from accessing polling stations.161 There have been concerns that the votes will not be counted at polling stations and the results will only be posted at ward centres, and ZEC must urgently confirm that this is not the case and its presiding officers will abide by the law and display these results. The ward elections officer is obliged to give reasonable notice in writing of the time when the special and postal votes will be counted and the verification and collation of polling station returns.162 The ward elections officer is required to contact observers. The provision explains how the verification and collation is to be done. The counting of special and postal votes at ward centres may distort the result given at polling stations significantly depending on the number of such votes, and for this reason, it is critical that political party representatives and observers are present during this counting process. It appears more ideal and appropriate to have these transmitted to the relevant polling station for inclusion on the polling station returns. Such counting must be done before the close of poll in the presence of party election agents and observers. The transmission of these special and postal votes must also be secured and monitored by election observers. Election agents and observers must be allowed to make notes of the polling station returns transmitted to the ward. Special and postal votes are counted and added to the number on the polling station returns. Results at ward level are displayed before transmission to the constituency centre. Similar processes, with some alteration, are replicated at the constituency and command centres, save for the issue of special and postal votes that would have been dispensed with. The returns at the constituency command center are transmitted to the national command center. At all these stages, it will be critical for the results to be displayed and accessible to the public. 2.17.7 Announcement of results Winning candidates for National Assembly seats are declared at the constituency centre. The presidential election result must be announced by the ZEC Chairperson (or in her absence the Deputy Chairperson or another Commissioner). This must be done within 5 days of close of polls. It is imperative for this timeline to be respected and for the process not to be delayed, especially in light of the delays in 2008 which contributed to instability and public anxiety. It will not be good for such a situation to be repeated. 161 J Makumbe (n 23 above 96); Makumbe highlights how several unmarked and full ballot boxes materialised at several polling stations. 162 Section 65 of Electoral Act.

Select target paragraph3

Add to table of contents