Publication of standard operating procedures for compilation,
collating and transmission of results in terms of section 37C of the
Electoral Act
43.
The Electoral Act provides for the compilation, transmission
and collation of results from every polling station within a ward to
various centres depending on whether the returns are for local
authority, national assembly or the presidential election. Whilst the
Act provides where any returns must be transmitted to, and
specifically provides for personal transmission in the case of a
polling station to a ward centre, there is no such specific provision
for transmission from the ward centre to the constituency centre.
The Act merely places an obligation on the wards election officer to
cause to be transmitted the returns, without specifying the mode of
transmission.
44.
In that respect, it is clear that the Act does not stipulate the
actual procedures through which ward election officers are expected
to transmit the results to constituency centres. This also applies to
transmission to provincial command centre and the national
command centre. There is obviously no clarity on the mode of
transmission of the returns, specifically whether the transmission
will be electronic or personal. All these are issues for which the First
Respondent must publish standard operating procedures, in line
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