candidates receive equal votes, it will be left to Parliament to meet as an Electoral College to
elect by secret ballot one of them as President. This is because this provision is based on the
assumption that Parliament will have been convened by the time of the Presidential run-off
election. As the experience of the 2008 elections reminds us, this may not necessarily be the
case, particularly when there is harmonisation of general and Presidential elections. Parliament
was not convened until after the Presidential run-off election had been held which means in the
unlikely event of a deadlock at the run-off election, it would have been impracticable for
Parliament to exercise its power to sit as an Electoral College to elect the President. This would
have produced a constitutional crisis. It would be better if the legislation gave a specific time-line
of when the Parliament should be convened after the election, even in the event of a run-off
Presidential election. If Parliament is convened, it will fill in the power vacuum that would
otherwise occur where everything would have to wait until the end of the Presidential run-off
election. (Note the above comment regarding the use of Parliament to elect the President in the
event of a deadlock)
Announcement of Results
•
Section 110(3) (h) is a particularly important addition in that it sets a specified period within
which presidential election results must be announced. It requires that the Chief Elections Officer
must declare the results within five (5) days of the last polling day in the presidential election
or the presidential run-off election. Where a recount has been ordered, results must be declared
within five (5) days of the completion of the recount. It must be noted that where a recount is
ordered it must, in terms of Section 67A, be completed within five (5) days after the last
polling day of the election (although the Electoral Court has the power to extend this period upon
application by the Commission).
•
On analysis, setting a period for the declaration of results is an important step given what
transpired in the 2008 Presidential election when it took more than m before the initial results
were officially announced. This caused anxiety, uncertainty and gave rise to concerns of election
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