ELECTORAL ACT (as amended at 24th January 2008) (3) The Registrar of the Electoral Court shall, when so directed by a judge of the Electoral Court, choose as assessors at the trial of an election petition two persons whose names appear on a list prepared in terms of subsection (2). (4) Before an assessor enters upon his duties for the first time, he or she shall take an oath before the Judge of the Electoral Court that he or she will faithfully perform his or her duties as a member of the Electoral Court. (5) An assessor appointed in terms of subsection (1) shall act in an advisory capacity only and shall not be entitled to a vote in the decision of the Electoral Court. (6) An assessor shall be paid such remuneration and allowances as the Minister, with the consent of the Minister responsible for finance, may fix. 164 Registrar of Electoral Court (1) The Registrar of the High Court shall be the Registrar of the Electoral Court. (2) The Registrar of the Electoral Court shall perform such functions as may be assigned to him or her by or under this Act or any other enactment. 165 Rules of Electoral Court (1) The Chief Justice and the Judge President of the High Court, after consultation with a committee appointed by the Chief Justice,, may make rules as to the practice and procedure to be observed in respect of any jurisdiction which under this Act is exercisable or to be exercised by the Electoral Court. (2) The rules in terms of subsection (1) may make provision for— (a) the practice and procedure to be observed in the hearing of election petitions; (b) service of an election petition on the respondent; (c) priority of set down for the hearing of an election petition. (3) Rules of court made in terms of subsection (1) shall be submitted to the Minister responsible for the administration of the High Court Act [Chapter 7:06] for his or her approval and, if so approved, shall be published in the Gazette. (4) Until rules of court for the Electoral Court are made in terms of this section, the rules of the High Court shall apply, with such modifications as appear to the Electoral Court to be necessary, with respect to election petitions and other matters over which the Electoral Court has jurisdiction. PART XXIII ELECTION PETITIONS 166 Interpretation in Part XXIII In this Part— “respondent” means the President, a member of Parliament or councillor whose election or qualification for holding the office is complained of in an election petition. 167 Who may present election petition A petition complaining of an undue return or an undue election of a member of Parliament by reason of want of qualification, disqualification, electoral malpractice, - 96 -