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

Regulations

Election Regulations, 2004

Chapter 6 : Counting of Votes

Part 1 : Counting of votes at voting station

27. Objections and appeals concerning counting of votes and determination of provisional results

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(1)An objection to the counting officer in terms of section 49(1) and (2) of the Act to an alleged inaccuracy in the counting of the votes or the determination of the result, must be made in writing on a form substantially similar to Appendix 7.

 

(2)The counting officer must summarily investigate the factual circumstances underlying the objection, and may for this purpose also direct verbal enquiries to any person that may be able to assist.

 

(3)The counting officer must decide the objection and decide whether to order a recount, endorse his or her decision on the written objection and thereafter verbally inform the objector and any other interested persons involved of his or her decision.

[Regulation 27(3) substituted by section 20(20.1) of the Amendment to the Election Regulations, 2024,  Notice No. R. 4792, GG50637, dated 9 May 2024]

 

(4)A person wishing to appeal against he decision of the counting officer must do so by way of a written notice served on the Commission at its offices in Pretoria by not later than 21:00 on the second day after the voting day, indicating the section of the Act in terms of which the appeal is brought and giving full particulars of the parties involved, the alleged inaccuracy in the counting of the votes, the decision of the counting officer and the reasons for the appeal.