PIO v SMITH 1986 (2) ZLR 120 (S)

Flynote

Constitutional law — elections — rejection of ballot paper setting aside election — court reluctant to do so — costs.

Interpretation of statutes — reading "a" for "the" — reading provision couched in negative as if couched in positive — interpretation to advance intention of legislature.

Legislation — Electoral Act 1979, ss 63(2), 79(3)(e), 79(3)(d), 156; Electoral (Modification) Regulations SI 155A of 1985, s 6(1)(a).

Headnote

A court ought not to be astute to adopt a construction of a section which would have the effect of invalidating a vote where the intention of the voter has been indicated with certainty and where in all other respects the ballot paper is in order.

An election conducted substantially in accordance with the principles of the Electoral Act ought not to be invalidated on the ground that a narrow majority in favour of the successful candidate would not have been achieved if only a few eligible voters had not been discouraged from voting by encountering some modest inconvenience that could have been avoided had better foresight been exercised by those responsible for arrangements at the polling station.

An election should only be set aside where there is failure to comply in substance with the principles underlying the Electoral Act or where a mistake or non-compliance with the Act affected the result.