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

Chapter 4 : Elections

Part 4 : Objections material to final results of election

55. Objections material to final results of election

 

 

(1) Any interested party may lodge with the Commission an objection that is material to the determination of the final result of the election, in respect of proceedings provided for in—
(a) Part 1 of Chapter 4 concerning voting; and
(b) Parts 2 and 3 of Chapter 4 concerning the counting of votes.

[Subsection (1) substitution by No. 13  of Act No. 34 of 2003 Government Gazette 25687]

 

(2) The objection must be made to the Commission in the prescribed manner not later than 21:00 on the second day after the voting day.

 

(3) The Commission, on good cause shown, may condone a late objection.

 

(4) The Commission, in the prescribed manner, must decide the objection, and must notify the objector and any other parties involved in the objection, of the decision.

 

(5) An objector or other party involved in the objection and who feels aggrieved by the decision of the Commission, may appeal to the Electoral Court in the prescribed manner.

 

(6) The Electoral Court, in the prescribed manner, must consider and decide the appeal and notify the parties to the appeal of its decision.

 

(7) The result  of an election  is not  suspended pending  the decision  of the Electoral Court.