Arrangement of Sections
1. Short title
THE ELECTORAL COMMISSION
3. Seal of Commission
4. Functions and Composition of Commission
5. Tenure of office and vacancy
6. Filling of casual vacancy
7. Remuneration and allowances
8. Proceedings of Commission
10. Disclosure of interest
11. Prohibition of disclosure of information
12. Director and other staff
FINANCIAL AND OTHER PROVISIONS
13. Funds of Commission
14. Financial Year
16. Annual report
17. Transition provisions
18. Transfer of staff
to provide for the composition of the Electoral Commission; and to provide for matters connected with or incidental to the foregoing.
[16th October, 1996]
Act 24 of 1996.
This Act may be cited as the Electoral Commission Act.
In this Act, unless the context otherwise requires—
“Chairperson” means the person appointed as Chairperson under section 4;
“Commission” means the Electoral Commission established under the Constitution;
“Director” means the person appointed as Director under section 12; and
“member” means a person appointed as member of the Commission under section 4.
THE ELECTORAL COMMISSION
(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Director.
(2) The affixing of the seal shall be authenticated by the Chairperson or any other person authorised in that behalf by a resolution of the Commission.
(3) Any document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.
(1) The Commission as established by Article 76 of the Constitution shall have the functions specified in that Article.
(2) The Commission shall consist of the following full-time members—
(a) a Chairperson; and
(b) not more than four other members.
(3) The members shall be appointed by the President, subject to ratification by the National Assembly.
(4) The Chairperson shall be a person who has held, or is qualified to hold, high judicial office or, any other suitably qualified person.
(1) A member referred to in sub-section(2) of section 4 shall be appointed for a term not exceeding seven years, subject to renewals and ratification by the National Assembly:
Provided that the first members shall be appointed for periods ranging from two to five years in order to facilitate retirement by rotation.
(2) A member referred to in sub-section (1) may resign upon giving one month’s notice, in writing, to the President.
(3) The President may remove a member if—
(a) the member is insane or otherwise declared to be of unsound mind; or
(b) the member is declared bankrupt.
Whenever the office of a member becomes vacant before the expiry of the term of office, the President may appoint another person to be a member in place of the member who vacates the office for the unexpired term of that office.
A member shall be paid such remuneration or allowances as the Commission may, with the approval of the President, determine.
(1) Subject to the other provisions of this Act, the Commission may regulate its own procedure.
(2) Three members shall form a quorum at any meeting of the Commission.
(3) There shall preside at any meeting of the Commission—
(a) the Chairperson; or
(b) in the absence of the Chairperson, such member as the members present may elect for the purposes of that meeting.
(4) A decision of the Commission on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.
(5) The Commission may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Commission, but such person shall have no vote.
(6) The validity of any proceedings, acts or decisions of the Commission shall not be affected by any vacancy in the membership of the Commission or by any defect in the appointment of any member or by reason, that any person not entitled to do so took part in the proceedings.
(1) The Commission may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers fit.
(2) The Commission may appoint as members of a committee, persons who are, or are not, members, except that at least one member of a committee shall be a member.
(3) A person serving as a member of a committee shall hold office for such period as the Commission may determine.
(4) Subject to any specific or general direction of the Commission, a committee may regulate its own procedure.
(1) If any person is present at a meeting of the Commission or any committee at which any matter is the subject of consideration and in which matter that person or that person’s spouse is directly or indirectly interested in a private capacity, that person shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Commission or the committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching such matter.
(2) A disclosure of interest made under sub-section (1) shall be recorded in the minutes of the meeting at which it is made.
(3) A person who contravenes sub-section (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years or to both.
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