ELECTORAL ACT
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C. is a member or office-bearer of a political party whose conduct is under
consideration by the Commission;
or
(b) if for any reason the private interests of a Commissioner come into conflict with his or
her functions as a Commissioner;
the Commissioner shall forthwith disclose the fact to the Commission.
(3) A Commissioner referred to in subparagraph (2) shall take no part in the consideration
or discussion of, or vote on, any question before the Commission which relates to any contract,
right, immovable property or interest referred to in that subparagraph.
(4) A Commissioner who contravenes subparagraph (2) or (3) shall be guilty of an offence
and liable—
(a) to a fine not exceeding level ten or, where quantifiable, a fine equivalent to the extent
of the pecuniary advantage obtained by the Commissioner from the Commission as a
direct result of his or her contravention, whichever is the greater; or
(b) to imprisonment for a period not exceeding twelve months; or to both such fine and
such imprisonment.
Minutes of proceedings of Commission
11.(1) The Commission shall cause minutes of all proceedings of and decisions taken at
every meeting of the Commission to be entered in books kept for the purpose.
(2) Any minutes referred to in subparagraph (1) which purport to be signed by the person
presiding at the meeting to which the minutes relate or by the person presiding at the next
following meeting of the Commission or the committee concerned, as the case may be, shall be
accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at
the meeting concerned.
Execution of contracts and instruments by Commission
12. Any agreement, contract or instrument approved by the Commission may be entered
into or executed on behalf of the Commission by any persons generally or specially authorised
by the Commission for that purpose.
PART IV
FINANCIAL PROVISIONS RELATING TO COMMISSION
Financial year of Commission
13. The financial year of the Commission shall be the period of twelve months ending on
the 31st December in each year.
Accounts of Commission
14.(1) The Commission shall ensure that proper accounts and other records relating to such
accounts are kept in respect of all the Commission’s activities, funds and property, including
such particular accounts and records as the Minister may direct.
(2) Not later than three months after the end of each financial year, the Commission shall
prepare and submit to the Minister a statement of accounts in respect of that financial year or
such other period as the Minister may direct.
Audit of Commission’s accounts and internal auditor
15.(1) Subject to the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009),
the Commission shall appoint as auditors one or more persons approved by the Minister who are
registered as public auditors in terms of the Public Accountants and Auditors Act [Chapter
27:12].
(2) The accounts kept by the Commission in terms of paragraph 14(1) shall be examined by
the auditors appointed in terms of subparagraph (1).
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