ELECTORAL ACT (as amended at 24th January 2008) (4) Where a charge is made in an election petition of an electoral malpractice having been committed at the election to which the petition refers, the Electoral Court shall, in addition to the certificate in terms of subsection (3), at the same time report in writing to the President of the Senate or the Speaker of the House of Assembly, as the case may be— (a) whether any electoral malpractice has or has not been proved to have been committed by or with the knowledge and consent of a candidate at that election or by or with the knowledge and consent of any of his or her agents, and the nature of such electoral malpractice; and (b) the names of all persons who have been proved at the trial to have been guilty of any corrupt practice or illegal practice; and (c) whether electoral malpractices have, or whether there is reason to believe electoral malpractices have, extensively prevailed at the said election. (5) The Electoral Court may, in addition to the certificate required in terms of subsection (3), at the same time make a special report to the President of the Senate or the Speaker of the House of Assembly, as the case may be as to any matter arising in the course of the trial, including the commission or possible commission of any electoral malpractice, where the Electoral Court considers that an account of such matter ought to be submitted to Parliament. (6) A copy of every certificate and report made by the Electoral Court under this section shall, as soon as possible, be presented by the President of the Senate or the Speaker of the House of Assembly, as the case may be to Parliament. (7) Where, on the trial of an election petition, the Electoral Court determines that the respondent was not duly elected and is of the opinion, having regard to the circumstances, that it would be just and reasonable to relieve any party to the action from all or a portion of the costs thereof, then— (a) if the Electoral Court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function bona fide made by any member of the Public Service or employee of the Commission, it may, after sufficient notice to the Minister or the Commission, as the case may be, to show cause to the contrary, make such order as to the payment from the Consolidated Revenue Fund or the funds of the Commission, as the case may be, of the costs of the action or portion thereof as it thinks fit; (b) if the Electoral Court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function mala fide made by any member of the Public Service or employee of the Commission, it may, after sufficient notice to such member or employee, as the case may be, to show cause to the contrary, make such order as to the payment by such member or employee of the costs of the action or portion thereof as it thinks fit. (8) Notwithstanding any other provision of this section, the noting, within the time prescribed in rules of court, of an appeal against any determination or decision of the Electoral Court shall suspend such determination or decision until the abandonment or the final determination or dismissal of the appeal. 172 Appeals from decisions Electoral Court (1) A decision of the Electoral Court on a question of fact shall be final. - 99 -