location must be clear and certain.
•
This is an important provision, which will enable observers and monitors to have a standard
against which to determine the accuracy of votes that have been cast at any given polling
station and in the election as a whole. The number of votes cast cannot therefore exceed the
number that has been officially printed or distributed to each polling station. Observers (and the
media) must therefore make a note of these specific details as soon as they are available so that
a public record is always available.
Election Agents
•
Clause 18 amends Section 55 of the Act so that candidates will be allowed to have one election
agent in each polling station and another agent outside but within the “immediate vicinity” of the
polling station ready to relieve the first one when necessary. This must be read alongside
Section 95(5) which empowers the Commission to prescribe that only one election agent may
be appointed to represent a party during concurrent elections. It is important to note that the
language preferred is that the agent stationed outside must be within the ‘immediate vicinity’
which means he must be stationed very close to the polling station and the law enforcement
agents must be apprised of this requirement so that agents are not unnecessarily harassed. The
legislature would not have used the word “immediate” to describe the “vicinity” if it did not
intend that the agent must be in close proximity with the polling station.
Police Officers’ Restricted Role
•
The second and probably most significant provision introduced by this clause relates to the role
and power of the police officers at polling stations. Under the new Section 7a, police officers are
prohibited from interfering with the electoral process at any polling station. It is notable that the
language used is peremptory and does not offer discretion to the police. It says, police officers,
“(b) shall not interfere with the electoral processes at a polling station”. They are not
even allowed to enter a polling station unless they have been called upon for help or to cast their
votes. Also important is that when inside the polling station, police officers come under the
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