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6
The Constitution does not refer to week days but days. This is to be taken to mean
seven calendar days and includes Saturdays and Sundays.
In terms of r 23(2) of the Constitutional Court Rules, 2016, the application shall be
lodged with the Registrar and shall be served on the respondent within seven (7)
days of the declaration of the result of that election.
The first respondent was declared the duly elected president on 3 August 2018. In
terms of s 93(1) of the Constitution as read with r 23(2) of the Constitutional
Court Rules, the applicant had until 10 August 2018 to file and serve the application
on the respondents.
The applicant appears to have been cognizant of the reckoning of days and time
limitations prescribed by the Constitution and waited until the last day to file his
application shortly before close of the Constitutional Court Registry on 10 August
2018. He was entitled by law to do so.
Having done so, the applicant was then faced with a further obligation to serve the
process on all the respondents on the same day. The applicant could only do so