ELECTORAL ACT ____________________________________________________________________________________ (iii) after the number of votes received by each candidate at a presidential runoff election as shown in each constituency return has been added together in terms of paragraph (e), 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) shall forthwith declare the candidate who has received the greater number of votes to be duly elected as President of the Republic of Zimbabwe with effect from the day of such declaration: Provided that if the two candidates receive an equal number of votes, Parliament shall, as soon as practicable after the declaration of the result of that election, meet as an electoral college and elect one of the two candidates as President by secret ballot and without prior debate; [Subparagraph amended by s. 39 of Act No. 6 of 2014] (h) 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 (f) or (g)(iii) shall be made not later than— (i) five days after the polling day or last polling day, as the case may be, in the presidential election or runoff presidential election concerned; or (ii) where a recount has been ordered in terms of section 67A, five days after the completion of the recount: Provided that the Electoral Court may, on application by the Commission, for good cause extend the ten-day period; [Paragraph amended by s. 39 of Act No. 6 of 2014] (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; [Paragraph amended by s. 39 of Act No. 6 of 2014] (j) 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) shall as soon as possible after he or she has declared the result of an election to the office of President in terms of paragraph (i), publish such result by notice in the Gazette and in such other manner as he or she considers necessary to give sufficient publicity to the result, which notice shall also, in the event that the candidate in question has obtained more than half of the votes at the election, give the full name of the person duly elected as President of the Republic of Zimbabwe and the day with effect from which he or she was so elected. [Paragraph amended by s. 39 of Act No. 6 of 2014] (4) Subject to this Part, Parts XIV, XIVA and XV, shall apply, with any changes that may be necessary, to an election to the office of President, any references to a constituency centre or a constituency elections officer being construed as references to a presidential constituency centre or a presidential constituency elections officer respectively. (5) In accordance with section 94 of the Constitution, a person elected as President assumes office when he or she takes, before the Chief Justice or the next most senior judge available, the oath of President in the form set out in the Third Schedule to the Constitution. [Subsection substituted by Part VI of Schedule to Act No. 3 of 2016] [Section substituted by s. 29 of Act No. 3 of 2012] 111 Election petitions in respect of election to office of President (1) An election petition complaining of an undue return or an undue election of a person to the office of President by reason of irregularity or any other cause whatsoever, may be presented to the Constitutional Court within seven days of the declaration of the result of the election in respect of which the petition is presented, by any person— 105