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

Chapter 4 : Elections

Part 5 : Determination and declaration of final result of election

57. Determination and declaration of final result of election

 

 

(1) The Commission must determine and declare the result of an election by adding together the results received from all voting stations.

 

(2) The  determination  and declaration  of the result  of an election must  occur within seven days after the voting day, but not—
(a) sooner than 21:00 of the second day after the voting day; or
(b) before  all objections made under section 55 have been dealt with in terms  of that section, other than an appeal to the Electoral Court in terms  of subsection (5) of that section.

 

(3) The Commission  may determine and declare the result of an election without having received the results of all voting stations, if—
(a) to wait for the receipt of the result from every voting station would unduly and unreasonably delay the determination and declaration  of the result of that election; and
(b) the outstanding results are not likely to materially  influence the overall result of that election.

 

(4) If the Commission is unable to determine and declare the result of an election within the seven-day period required by subsection (2), the Commission must apply to the Electoral Court for an extension of that period.

[subsection 4 substitution by No. 9 of Act No. 18 of 2013 Government Gazette 37069]

 

(5) The Electoral Court, on good cause shown, may extend the period within which the Commission must determine and declare the result of an election.