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 - 100 -

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