CHAPTER 2:03
ELECTORAL COMMISSION

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
STATUS AND MEMBERSHIP OF THE COMMISSION

   3.   Legal personality and capacity of the Commission

   4.   Appointment of members of the Commission

   5.   Eligibility for appointment to the Commission

   6.   Independence of the Commission

   7.   Committees of the Commission

PART III
FUNCTIONS AND POWERS OF THE COMMISSION

   8.   Functions and powers of the Commission

   9.   Delegation of powers and functions

   10.   Vacancy in the membership of the Commission

PART IV
MEETINGS OF THE COMMISSION

   11.   Meetings of the Commission

PART V
MANAGEMENT

   12.   Appointment of Chief Elections Officer

   13.   Appointment of staff of the Commission

   14.   Vacancy where employee becomes candidate in the elections

PART VI
FINANCIAL PROVISIONS

   15.   Funds of the Commission

   16.   Books and other records of accounts, audit and reports of the Commission

   17.   Holdings of funds of the Commission

   18.   Financial year

PART VII
MISCELLANEOUS

   19.   Duty to cooperate

   20.   Legal representation

   21.   Publicity

   22.   Regulations

PART VIII
TRANSITIONAL PROVISIONS

   23.   Savings

   24.   Transfer of assets, etc.

11 of 1998
16 of 2010
11 of 2013

An Act to make provision for the appointment of members of the Electoral Commission; for the establishment of a Secretariat for the Electoral Commission; and for matters incidental thereto and connected therewith

[3RD JULY 1998]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Electoral Commission Act.

2.   Interpretation

   In this Act, unless the context otherwise requires, the several words and expressions used in this Act shall have the same meanings assigned to them in the Constitution and the Parliamentary and Presidential Elections Act and the following additional words shall have the following meaning—

   “Chief Elections Officer” means the Chief Elections Officer appointed under section 12.

PART II
STATUS AND MEMBERSHIP OF THE COMMISSION

3.   Legal personality and capacity of the Commission

   The Commission shall be a body corporate with perpetual succession and a common seal and be capable of—

   (a)   acquiring, holding and disposing of real and personal property;

   (b)   suing and being sued in its own name; and

   (c)   doing or performing all such acts and things as bodies corporate may by law do or perform.

4.   Appointment of members of the Commission

   (1) The President shall, subject to the Constitution and in consultation with the leaders of the political parties represented in the National Assembly, appoint suitably qualified persons to be members of the Commission on such terms and conditions as the Public Appointments Committee of Parliament shall determine.

   (2) The remuneration and any allowance of a member of the Commission may not be reduced during his period of office without his consent, and may be increased at such intervals as the Public Appointments Committee of Parliament may determine.

   (3) A member of the Commission may resign from his office at any time by notice in writing to the President.

5.   Eligibility for appointment to the Commission

   No person who is a candidate in any election or is a serving employee of the Commission shall be eligible to be appointed a member of the Commission or any of its committees.

6.   Independence of the Commission

   (1) Every individual member and employee of the Commission shall perform the functions and exercise the powers provided for in this Act independently of the direction or interference of—

   (a)   any public office;

   (b)   any organ of the Government;

   (c)   any political party;

   (d)   any candidate; or

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