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

Regulations

Election Regulations, 2004

Chapter 6 : Counting of Votes

Part 2 : Counting of votes at place other than voting station

31. Objections material to the determination of the final results

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(1)Any interested party wishing to lodge an objection in terms of section 55 of the Act in respect of proceedings concerning voting and counting of votes, that is material to the determination of the final result of the election, must do so by serving on the Commission by e-mail addressed to [email protected], by not later than 21:00 on the second day after the voting day, a written notice of objection containing—

[Words preceding regulation 31(1)(a) substituted by section 22(22.1) of the Amendment to the Election Regulations, 2024,  Notice No. R. 4792, GG50637, dated 9 May 2024]

(a)a reference to the election concerned and the section of the Act in terms of which the objection is brought;
(b)the full name and physical address of the objecting party;
(c)the postal address and telephone number where the party can be contacted;
(d)if available, the party’s facsimile number and E-mail address;
(e)the interest of the party in the matter;
(f) details of the objection and the proceedings concerned, contained in a sworn statement or affirmation;
(g)detailed reasons for the objection, contained in a sworn statement or affirmation;
(h)the relief sought;
(i)a list of any supporting documents accompanying the notice of objection; and
(j)proof of service of copies of the notice and annexures on all other interested parties.

[Regulation 31(1)(f) and (g) substituted by section 22(22.2) and (22.3) of the Amendment to the Election Regulations, 2024,  Notice No. R. 4792, GG50637, dated 9 May 2024]

 

(2)In considering and deciding the objection, the Commission may take any one or more or all of the following actions:
(a)Investigate the factual basis of the objection.
(b)Afford other interested parties an opportunity to make written or oral submissions.
(c)Call for written or oral submissions from other persons or parties.
(d)Call upon the objecting party to submit further information or arguments in writing or orally.
(e)Conduct a hearing on the objection.