ELECTORAL ACT (as amended at 24th January 2008)
(2) A decision of the Electoral Court on a question of law may be the subject of an
appeal to the Supreme Court.
(3) An appeal under subsection (2) shall be determined within six months from the date
of the lodging of the appeal.
173
Procedure where Electoral Court reports cases of corrupt practices or
illegal practices
If the Electoral Court states in the report on the trial of an election petition that any person
has or may have been guilty of an electoral malpractice or that there is reason to believe that
electoral malpractices, corrupt practices or illegal practices have extensively prevailed at the
election to which the petition refers—
(a) that statement, with the evidence taken at the trial, shall be transmitted by the
registrar of the Electoral Court to the Attorney-General with a view to the institution
of any prosecution proper to be instituted in the circumstances; and
(b) the report shall, so far as it concerns any such person, be transmitted by the registrar
of the Electoral Court to the Commission.
174
Witnesses
(1) On the trial of an election petition—
(a) any witness shall be summoned and sworn in the same manner as a witness may be
summoned and sworn in civil proceedings before the High Court;
(b) the Electoral Court may examine any witness or any person in court, even though
such witness or person is not called or examined by any party to the petition;
(c) after any examination in terms of paragraph (b) the witness or person may be crossexamined by or on behalf of the petitioner and respondent or either of them.
(2) A witness who, in the course of the trial of an election petition, wilfully makes a false
statement of fact material to the proceedings which he or she knows to be false or does not
know or believe to be true shall be guilty of an offence and liable to a fine not exceeding level
fourteen or to imprisonment for a period not exceeding two years or to both such fine and
such imprisonment.
175
Witnesses not excused from answering incriminating questions
(1) No person who is called as a witness at the trial of any election petition shall be
excused from answering any question relating to any electoral malpractice at or connected
with an election then forming the subject of inquiry, on the ground of privilege or on the
ground that the answer thereto may incriminate or tend to incriminate himself or herself.
(2) If any witness fully answers to the satisfaction of the Electoral Court every question
relating to any matter mentioned in subsection (1) which he or she is required by the High
Court to answer, and the answer to which may incriminate or tend to incriminate him or her,
he or she shall be absolutely freed and discharged from all liability to prosecution, either at
the public instance or at the instance of any private party, for any offence under this Act,
committed by him or her prior to the time that the witness gave his or her evidence and at or
in relation to the election concerned or in relation to which the witness may have been so
examined, and the witness shall be entitled to receive from the Electoral Court under the hand
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