ELECTORAL ACT
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(c) be the accounting officer of the Commission in terms of the Public Finance
Management Act [Chapter 22:19] (No. 11 of 2009);
(d) perform any of the functions of the Commission that the Commission may entrust or
assign to him or her:
Provided that the Commission shall not assign to the Chief Elections Officer any duty that
has been assigned to the Chairperson of the Commission.
(3) Any assignment of functions in terms of subsection (2)(d) may be made either generally
or specially and subject to such reservations, restrictions and exceptions as the Commission may
determine, and may be revoked by the Commission at any time.
(4) The Commission shall terminate the appointment of the Chief Elections Officer if—
(a) he or she would be required in terms of paragraph 3(b) or (c) of the Sixth Schedule to
vacate his or her office had that paragraph and paragraph 2(1)(a), (b) and (c) of the
Sixth Schedule, and subparagraph (2) of that paragraph, applied to him or her; or
(b) he or she breaches any condition of service prescribed in terms of section 191(2) (a1)
for the breach of which his or her appointment may be terminated.
(5) The Commission shall not terminate the services of the Chief Elections Officer on a
ground other than one referred to in subsection (4) without the approval of the Minister.
(6) The Chief Elections Officer shall have the right to attend meetings of the Commission
and, except in the case of any discussion relating to the terms and conditions of his or her
appointment, to take part in the proceedings of the Commission as if he or she were a
Commissioner, but shall not have a vote on any question before the Commission.
(7) The Commission shall employ such persons in addition to the Chief Elections Officer as
it considers expedient for the better exercise of the functions of the Commission.
(8) The Commission shall, with the approval of the Minister responsible for finance, fix the
terms and conditions of service of the employees of the Commission.
(9) The remuneration and other benefits payable to the Chief Elections Officer and other
employees and agents of the Commission shall be paid from the funds of the Commission.
10 Staff of Commission during elections
(1) At the request of the Commission, the chairpersons of the Public Service Commission
and the Health Services Board established by the Health Services Act [Chapter 15:16] (No. 20
of 2004) and the responsible authority of any statutory body or council shall second to the
Commission such persons in the employment of the State, the statutory body or the local
authority, as the case may be, as are necessary to hold such offices and perform such functions
as the Commission may direct during an election.
(2) The Commission shall select, screen and train all persons seconded in accordance with
subsection (1) to enable the persons so seconded to discharge their functions adequately under
this Act.
(3) For the period of an election, every person seconded to the Commission under
subsection (1) shall be under its direction and control in every respect as if he or she were an
employee of the Commission.
(4) For the purposes of—
(a) an election of one or more constituency members of the National Assembly, the
Commission may appoint a member of its staff or one of the persons seconded in terms
of subsection (1) to be the constituency elections officer for each constituency in
which the election is to take place;
[Paragraph substituted by s. 8 of Act No. 6 of 2014]
(b) an election to the office of President, the Commission may appoint a member of its
staff or one of the persons seconded in terms of subsection (1) to be the presidential
constituency elections officer for each constituency for the purposes of the election;
[Paragraph substituted by s. 8 of Act No. 6 of 2014]
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