•
An important concern is the resourcing of the Electoral Court. Adequate resources are important
not just for independence but also for efficiency in the handling of matters, particularly in
election-related cases where often matters must be dealt with on an urgent basis.
Enhancing Capacity
•
Clause 36 amends Section 162 so that the requirement now is that at least two High Court
judges must be appointed to the Electoral Court. In the past the requirement was just for one or
more judges. This enhances the capacity of the Electoral Court. Setting the minimum threshold
at two is a welcome recognition of the importance of this institution and it must be hoped that it
is also an acknowledgement and signal of the need to increase the levels of resources required
to fully execute the mandate of the Electoral Court.
XVII
DELIMITATION OF
CONSTITUENCIES
Consulting the Commission
•
Clause 10 introduces a new Section 37B whose effect is to require the President to give the
Commission adequate time to complete the delimitation of constituencies and wards before
calling a general election. The President has the constitutional power to notify the Commission
to start determining the limits of wards and constituencies.
•
However, this new requirement places an obligation on the President to consult with the
Commission before doing to ensure that it has sufficient time to perform the mandate of
delimiting constituencies and wards prior to the calling of the election. This is a sensible clause
which will ensure that the President does not act unilaterally and that the body responsible for
the conduct of elections is involved at all relevant stages.
•
The one question that may arise here is the sequence between the delimitation of constituencies
required under this provision and the registration of voters under section 36A. As we have
observed, apart from the national roll, there will be voters rolls for constituencies and wards. It
is difficult to see how these will be compiled, before the delimitation of constituencies and wards,
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