Section 5 of Independent Electoral and Boundaries Commission Act No 9 of 2011: Composition and appointment of the Commission
(1) The Commission shall consist of a chairperson and six other members appointed in accordance with Article 250(4) of the Constitution and the provisions of this Act.
(2) The chairperson and members of the Commission shall be appointed inaccordance with the procedure set out in the First Schedule.
(3) The process of replacement of a chairperson or a member of theCommission shall commence at least six months before the lapse of the term of the chairperson or member of the Commission.
(4) The procedure set out in the First Schedule shall apply, with the necessary modifications, whenever there is a vacancy in the Commission.
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- Section 6 - Qualifications for appointment as chairperson or member of the Commission
(1) The chairperson of the Commission shall be a person who is qualified tohold the office of judge of the Supreme Court under the Constitution.
(2) A person is qualified for appointment as a member...
- Section 7 - Term of office
(1) The members of the Commission shall be appointed for a single term of six years and shall not be eligible for re-appointment.
(2) The members of the Commission shall serve on a full-time...
- Section 7A - Vacancy in the office of chairperson and members
(1) The office of the chairperson or a member of the Commission shall become vacant if the holder—
(a) dies;
(b) resigns from office by notice in writing addressed to the President; or
(c) is...
- Section 7B - Absence of chairperson
(1) Whenever the chairperson is absent, the vice-chairperson shall assumethe duties of the chairperson and exercise the powers and responsibilities of the chairperson.
(2) Whenever the chairperson...
- Section 8 - Conduct of business and affairs of the Commission
The conduct and regulation of the business and affairs of the Commission shall be as provided for in the Second Schedule but subject thereto, the Commission may regulate its own procedure.
- Section 9 - Oath of office
The chairperson and members shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Second Schedule.
- Section 10 - Secretary to the Commission
(1) The Commission shall, through an open, transparent and competitive recruitment process, appoint a suitably qualified person to be the secretary to the Commission.
(2) A person shall be qualified...
- Section 10A - Vacancy of office of secretary
The office of the secretary shall become vacant if the holder—
(a) dies;
(b) resigns from office by notice in writing addressed to the Commission; or
(c) is removed from office under any of the...
- Section 11 - Employees of the Commission
(1) There shall be a secretariat of the Commission which shall be headed by the secretary.
(2) The secretariat shall comprise of—
(a) such professional, technical and administrative officers and...
- Section 11A - Relationship between the Commissioners and Secretariat
For the effective performance of the functions of the Commission—
(a) the chairperson and members of the Commission shall perform their functions in accordance with the Constitution and in...
- Section 12 - Units of the Commission
(1) The Commission may create within itself such directorates, field offices,units, divisions or committees and appoint thereto such employees as it may determine.
(2) Every directorate, field...
- Section 13 - Legal personality of the Commission
(1) The Commission shall be a body corporate with perpetual succession and a common seal and shall be capable, in its own name, of—
(a) acquiring, holding and disposing of movable and immovable...
- Section 14 - Seal of the Commission
(1) The seal of the Commission shall be such device as may be determined bythe Commission and shall be kept by the secretary.
(2) The affixing of the seal shall be authenticated by the chairperson...
- Section 15 - Protection from personal liability
Nothing done by a member of the Commission or by any electoral officer shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission under the...
- Section 16 - Code of conduct
Members and the employees of the Commission shall subscribe to the code of conduct prescribed under the Fourth Schedule.
- Section 17 - Funds of the Commission
The funds of the Commission shall consist of—
(a) monies allocated by Parliament for purposes of the Commission;
(b) any grants, gifts, donations or other endowments given to the...
- Section 18 - Independent Electoral and Boundaries Commission Fund
(1) The funds of the Commission shall be held in a fund to be known asthe Independent Electoral and Boundaries Commission Fund which shall be administered, on behalf of the Commission, by the...
- Section 19 - Expenses of the Commission to be a charge on the Consolidated Fund
The administrative and other expenses of the Commission, including the salaries, allowances, gratuities and pensions of the members and employees of the Commission shall be a charge on the...
- Section 20 - Remuneration and allowances
(1) Members of the Commission shall be paid such remuneration or allowances as the Salaries and Remuneration Commission shall determine.
(2) Pending the establishment of the Salaries and Remuneration...
- Section 21 - Annual estimates
(1) Before the commencement of each financial year, the secretary with the approval of the Commission, shall cause to be prepared estimates of the revenue and expenditure of the Commission for that...
- Section 22 - Financial year of the Commission
The financial year of the Commission shall be the period of twelve months ending on the thirtieth June in each year.
- Section 23 - Accounts and audit
(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Commission.
(2) Within a period of three months after the end of each...
- Section 24 - Annual report
(1) Within three months after the end of each financial year, the Commission shall present its annual report to the President and submit the same to Parliament.
(2) The annual report shall in respect...
- Section 25 - General principles
In fulfilling its mandate, the Commission shall, in accordance with the Constitution, observe the following principles—
(a) freedom of citizens to exercise their political rights under Article 38 of...
- Section 26 - Independence of the Commission
Except as provided in the Constitution, the Commission shall, in the performance of its functions, not be subject to the direction or control of any person or authority but shall observe the principle...
- Section 27 - Management of information
(1) The Commission shall publish and publicise all important information within its mandate affecting the nation.
(2) A request for information in the public interest by a citizen—
(a) shall be...
- Section 28 - Publicity
The Commission shall, in such manner as it considers appropriate, publish a notice for public information specifying—
(a) the location of all its offices; and
(b) its address or addresses, telephone...
- Section 29 - Legal advice
The Commission may request legal advice from the Attorney-General.
- Section 30 - Offences
(1) A member or employee of the Commission who knowingly subverts the process of free and fair elections or who knowingly obstructs the Commission in the discharge of its functions or otherwise...
- Section 31 - Regulations
(1) The Commission may make regulations for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), such regulations may provide...
- Section 32 - Interpretation of Part
In this Act, unless the context otherwise requires—
“Commission” means the Independent Electoral and Boundaries
Commission established by Article 88 of the Constitution;
“first Commission” means...
- Section 33 - Transition
(1) The former Electoral Commission shall continue in office in terms of section 28(1) and (2) of the Sixth Schedule to the Constitution.
(2) A person who immediately before the commencement of this...
- Section 34 - Transfer of assets, etc
(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf...
- Section 36 - Procedure for delimitation of electoral boundaries
(1) The Commission shall discharge its mandate of the delimitation of boundaries of constituencies and wards in accordance with the Constitution, this Act and any other law.
(2) Subject to the...