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is to say, a fixed date not less than twenty-eight and not more
than forty-two days after the polling day or last polling day, the
case may be, of the original election):
Provided that the Electoral Court, on the application of the
Commission, may for good cause extend the period;
…”
The declaration as set out in these provisions of the law is the legal event. This is
upon any candidate reaching the 50% plus one vote threshold. Whether a candidate
has received 50% plus one vote of the total number of votes cast is a question of fact.
The declaration can only be changed or altered by this Court in terms of s 110 (3)(i),
which reads:
“(i) a declaration by the Chairperson of the Commission (or, in his
or her absence, the Deputy Chairperson or, in his or her
absence, a Commissioner designated by the Chairperson)
under paragraph (h) [shall] be final, subject to reversal on
petition to the Electoral Court that such declaration be set aside
or to the proceedings relating to that election being declared
void;”.
The declaration itself is final subject to the requirements of reversal. The Zimbabwe
Electoral Commission made a critical admission that the exact figures were incorrect
and minor adjustments were made after data capturing errors were corrected. It was
submitted that this affected the figures relating to the first respondent’s win by 0.1%
but did not affect the result of the election.
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