2016
GEll>HoRAL
LAWS A?-.illNDNIFNr
No.3
Voters, that is to say such functions as were imposed or conferred upon
the Registrar-General of Voters by or under this Act before the 22nd May,
2013, including in particularthe functions of registering voters, compiling
voters' rolls and registers, ensuring the proper custody and maintenance of
voters' rolls and registers, and all other functions in connection therewith:
Providedthat,consistentlywithsection239(j)oftheConstitution,
the Commission may give such instructions to the fonner Registrar-General
of Voters, in his or her capacity as the Registrar-General of Births and
Deaths, the Registrar-General of Citizenship and the Registrar-General
of National Registration, as will ensure the efficient, free, fair, proper and
transparent conduct of any election or referendum.
(3) Notwithstanding any other provision of this Act, the
Commission may(a)
direct the Chief Elections Officer, a voter registration
officer, the former Registrar-General of Voters or (subject to
paragraph (b)) any member of the Civil Service to assume
and exercise any function which in terms of this Act before
its amendment by the General Laws Amendment Act, 2016,
is vested in a constituency registrar;
(b)
with the consent of the Civil Service Commission, instruct
any member of the Civil Service to assist it in any of its
voter registration functions in terms of this Act;
(c)
in relation to an election to which Part XVIII applies,
delegate any of its voter registration functions in tem1s of
this Act, the Rurdl District Councils Act [Chapter 29: 13]
or the Urban Councils Act [Chapter 29:15] to a member of
the Civil Service.
(4) The Commission and the former Registrar-General of Voters,
in his or her capacity as the Registrar-General of Births and Deaths, the
Registrar-General of Citizenship and the Registrar-General of National
Registration, have a duty to cooperate with each other to ensure that their
respective databases, as they relate to the eligibility or potential eligibility
of voters, are in harmony with each other.
(5) The Minister may, after consultation with the Commission
and the former Registrar-General of Voters, by regulations made in terms
of tltis section, provide for(a)
the manner of dealing with any confidential infonnation
in the custody of the former Registrar-General of Voters
and the conditions under which it may be shared with the
Commission; and
(b)
the resolution of any discrepancies between the records
of the fonner Registrar-General of Voters and those of the
Commission; and
(c)
the resolution of any disputes whatsoever that may arise
between the Commission and the fom1er Registrar-General
ofVoters; and
(d)
mandatory automatic and electronic voter registration.
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