ELECTORAL COMMISSION ACT
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
ENACTED by the Parliament of Malawi as follows-
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PART I-PRELIMINARY
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| Short title |
1. |
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This Act may be cited as the Electoral Commission Act, 1998.
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| Interpretation |
2. |
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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 No. 31 of 1993
Presidential Elections Act, 1993, and the following additional words
shall have the following meaning -
"Chief Elections Officer" means the Chief Elections Officer
appointed under section 12.
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PART II-STATUS AND MEMBERSHIP OF THE COMMISSION
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| Legal personality and capacity of the commission
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3. |
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The Commission shall be a body corporate with perpetual succession and a
common seal and be capable of -
- acquiring, holding and disposing of real and personal property;
- suing and being sued in its own name; and
- doing or performing all such acts and things as bodies corporate
may by law do or perform.
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| Appointment of
members of
the commission |
4. |
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
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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.
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3. |
A member of the Commission may resign from his office at any time by notice
in writing to the President.
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| Eligibility for
appointment to
the commission |
5. |
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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.
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| Independence of
the commission |
6. |
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 -
- any public office
- any organ of the government;
- any political party;
- any candidate; or
- any person whosoever or organization whatsoever:
Provided that for the purpose only of accountability the Commission shall be
answerable, and report directly to the President on the overall
fulfilment of the functions and powers of the Commission.
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2. |
Upon assuming his office or immediately thereafter, every member of the
Commission shall take an oath of office before the Chief Justice in the
prescribed form.
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| Committees of the commission |
7. |
1. |
For the better carrying into effect of its functions, the Commission may
establish such number of committees as it shall deem appropriate, to
perform, subject to section 9, any of its functions and carry out such
other responsibilities as the Commission may direct.
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2. |
A committee of the Commission may consist of either members of the
Commission only or members of the Commission and such other suitably
qualified persons as the Commission may deem fit.
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3. |
The Commission shall appoint the chairman of each committee from only
amongst the members of the Commission.
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4. |
The provisions of this Act relating to meetings of the Commission shall
apply mutatis mutandis to the meetings of its committees.
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5. |
Every committee of the Commission shall act in accordance with any
directions given to it in writing by the Commission.
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