Friday, August 23, 2019

When Will The Election Laws Be Amended?


Question of The Day

The IEC is the key institution to consult if there is any desire by the executive, members of Parliament or Political stakeholders to amend electoral laws. The IEC also has law making powers as provided by Section 134 of the Elections Act.

Subsection 2 reads:  The Commission may make Rules generally for the better carrying out of the provisions of this Act and shall in particular make Rules-

(a)    prescribing fees for the registration  of political  parties and any other fees which may be prescribed  under this Act;

(b)     revising the deposits  payable under this Act;

(c)      prescribing such procedures  not covered under this Act as the Commission considers necessary for the effective conduct of elections;

(d)     authorising individuals, local and international organisations, and members of the press and media to witness  registration  of voters and the conduct of elections;

(e)      regarding  the  certificate to  be  used  by  the  Returning Officers   to allow  election  officers  and  police officers  to vote at their  places of duty;

(j)      regarding the forms of the Report on the Closing of Polls and Report on the Counting of Votes;

(g)     prescribing the Certificate of Authorisation required under section 86;

(h)     prescribing the amount of donations and gifts which a candidate or political party may receive with respect to any election;

(i)      prescribing forms for returns of death and the registration of political parties; and

(j)      prescribing any matter which may be prescribed under this Act.”

However, it must be borne in mind that Section 134 has been amended in June 2015 to include Subsection 3 which reads as follows: “the Commission shall not make any significant change to the rules relating to elections within six months before an elections.”

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