Legally effective declarations of all the successful Parliamentary and
Council candidates have already been made at ward and constituency levels.
It is not an offence to publicise the already declared Council and
Parliamentary Results. These do not depend on the announcements by the ZEC
National Command Centre. Nor is it an offence to add up and publicise
polling station and constituency totals for the Presidential election which
have already been publicly displayed [see below].Â
Clarification of Position on Counting and Display of Votes Received in
Presidential Election
There is a public paper trail of results in the Presidential Election – from
the polling station level, through the ward and constituency levels up to
the National Command Centre.
Votes cast at polling stations are counted on the spot at each polling
station and the results immediately displayed outside each polling station.
[Ref: Electoral Act, section 64(1)(e) as read with section 112]. Each
polling station sends the results [as posted outside the polling station] to
the relevant ward centre and these are totalled and displayed outside the
ward centre. [Ref: ZEC publication]
Ward results are sent to the relevant House of Assembly constituency centre.
Here they are added together. These totals are displayed outside the House
of Assembly constituency centres. These results go to the relevant
Senatorial constituency centre for further totalling and display. These
results [only sixty] are sent to the National Command Centre [ref: Electoral
Act, Second Schedule, paragraph 1(1)(c)]. The figures must be recorded on
the constituency return in such a manner that the results of the count for
each polling station are shown on the return. [Ref: Electoral Act, Second
Schedule, paragraph 1(1)(a)]
There is no actual counting of votes at the National Command Centre. What
takes place at the National Command Centre is the adding together of the
figures contained in these sixty returns received from the Senate
constituency centres. [Ref: Electoral Act, Second Schedule, paragraphs 2
and 3]Â The candidates, their chief election agents and accredited observers
are entitled to be present throughout. The Chief Elections Officer must
display each constituency return to those present and allow notes to be made
of the contents of each return. The declaration of the result by the Chief
Elections Officer follows immediately on the completion of the collation
process.
Veritas makes every effort to ensure reliable information, but cannot take
legal responsibility for information supplied.