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Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 4 : Elections

Part 2 : Counting of votes at voting station

47. Counting of votes and determination of provisional results

 

 

(1) The counting officer must open all the used ballot boxes that were sealed in terms of section 42(1) or (2).

 

(2) The counting officer must—
(a) cause the ballot papers  to be sorted on the basis of the ballot papers  for each election if more than one election was held at a voting station on the same day;
(b) cause the ballot papers  for each election to be  sorted  and compare  it with  the number of ballot papers issued in the prescribed manner;
(c) cause the votes cast in each election to be counted in the prescribed manner; and
(d) determine the result of each count at that voting station.

 

(3) The counting officer must reject a ballot paper—
(a) that indicates the identity of the voter;
(b) on which a vote is cast for more than one registered party or for more than one candidate;
(c) that is unmarked;
(d) that is marked in such a way that it is not reasonably possible to determine the voter's  choice;
(e) that does not bear the mark required in terms of section 38(5)(c); or
(f) that is not an official ballot paper.

 

(4) The counting officer must mark "rejected" on the back of each rejected ballot paper and file the rejected ballot papers separately.

 

(5) If a counting officer's acceptance or rejection of a ballot paper is disputed by an agent, the counting officer must—
(a) mark "disputed" on the back of that ballot paper;
(b) file separately, but cause to be counted, the accepted ballot papers that are disputed; and
(c) file separately the rejected ballot papers that are disputed.