Social Service Professions Act, 1978 (Act No. 110 of 1978)RegulationsRegulations Relating to the Establishment of the Professional Board for Community Development Practice, 202415. Determination of election result |
| (1) | The returning officer shall, as soon as possible after polling day, but not later than five working days after the closing date for the casting of votes, commence to determine the result of the election. |
| (2) | A determination of the outcome of the elections shall be done by: |
| (a) | Examining the electronic voting records to determine whether the conditions as contemplated in regulation 14(3) were adhered to; |
| (b) | Examining the identification envelopes received through postal votes to determine whether the declarations were completed in accordance with the provisions of regulation 11(4); |
| (c) | Opening such identification envelopes which meet the requirements of regulation 11(4) and place the ballot papers in a ballot box sealed in the manner referred to in regulation 12; and |
| (d) | Examining the ballot papers and determine the validity of such ballot papers received. |
| (3) | The returning officer shall reject a ballot paper in each instance where the voter— |
| (a) | contemplated in regulation 11(3)— |
| (i) | has not inserted his or her reference number as stated in regulation 11(3); |
| (ii) | has not completed the declaration of confidentiality included in the ballot paper similar to Form 5; |
| (iii) | has submitted more than one electronic ballot paper, in which case all ballot papers must be rejected; |
| (iv) | has submitted both a hard copy and an electronic ballot paper, in which case both ballot papers must be rejected; |
| (v) | has voted for more candidates than what he or she is allowed to; and |
| (vi) | has voted for a category of persons he or she is not eligible to vote for based on his or her professional category. |
| (b) | who has voted through the post as contemplated in regulation 11(4)— |
| (i) | has not returned such ballot paper in the identification envelope; |
| (ii) | has neglected to complete the declaration on the identification envelope in accordance with the provisions of regulation 11(4)(b); |
| (iii) | has not marked his or her ballot paper or his or her ballot paper is invalid, |
| (iv) | has submitted both a hard copy and an electronic ballot paper, in which case both ballot papers must be rejected; |
| (v) | has cast more than one vote per candidate or has returned more than one ballot paper; and |
| (vi) | has cast a vote for a person who was not a candidate; in which case the votes cast on such ballot paper must be rejected. |
| (4) | No vote cast on a ballot paper which is not received by the returning officer before the closing for receipt of such ballot paper shall be taken into account at the counting of the votes recorded at the election. |
| (5) | The returning officer shall sign every ballot paper which he or she rejects |
| (6) | If an objection against the rejection of a ballot paper or vote has been registered, the returning officer shall endorse on the ballot paper that such objection has been registered. |
| (7) | If any objection is raised by or on behalf of a candidate against the acceptance of a ballot paper or vote, the returning officer shall endorse on the ballot paper concerned that an objection has thus been registered. |
| (8) | As soon as the returning officer has ascertained the validity or otherwise of all the ballot papers and of all the votes recorded thereby in terms of these Regulations he or she shall— |
| (a) | determine the number of votes cast for each candidate; and |
| (b) | subject to the provisions of sub-regulation (9) and the number of members to be elected, in descending numerical sequence per profession, declare those candidates who drew the largest numbers of such votes to be duly elected members of the council. |
| (9) | If more than one candidate has received an equal number of votes in each profession in terms of section 5(1) (b) and as a result of which it is not possible in terms of sub-regulation (8) to declare as many candidates as there are members to be elected to the council the returning officer shall immediately in the presence of the candidates, the agents and the polling officers determine by drawing lots which of the candidates, who received an equal number of votes shall be declared elected. |
| (10) | The returning officer shall as soon as possible, but not later than 30 days after the closing date of the polling, cause the result of the election, including the number of votes recorded for each candidate, to be published in the Gazette. |