Act Establishing the Commission

Act Establishing the commission

The Electoral Commission is mandated to enforce and administer all laws and regulations relative to the conduct of elections and referendums. Learn how we went from proposed legislation to a legislative act in 1992.

Article 43. (1992 Constitution)
(1) There shall be an Electoral Commission which shall consist of –
(a) a Chairman;
(b) two Deputy Chairmen; and
(c) four other members.

(2) The members of the Commission shall be appointed by President under article 70 of this Commission.

Article 44. (1992 Constitution)
(1) A person is not qualified to be appointed a member of the Electoral Commission unless he is qualified to be elected a member of Parliament.

(2) The Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal.

(3) The two Deputy Chairmen of the Commission shall have the same terms and conditions of service as are applicable to a Justice of the High Court.
(4) The Chairman and the two Deputy Chairmen of the Commission shall not, while they hold office on the Commission, hold any other public office.

(5) The other four members of the Commission shall be paid such allowances as Parliament may determine.

(6) If a member is absent or dies, the Commission shall continue its work until the President, acting on the advice of the Council of State, appoints a qualified person to fill the vacancy.

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