Section 38: Electoral Commissions

38. Electoral Commissions (1) There shall be an Electoral Boundaries Commission which shall consist of a Chairperson and not less than 2 nor more than 7 other members appointed by the President, acting after consultation with the Prime Minister, the Leader of the Opposition and such other persons as appear to the President, acting in his own deliberate judgment, to be leaders of parties in the Assembly. (2) There shall be an Electoral Supervisory Commission which shall consist of a Chairperson and not less than 2 nor more than 7 other members appointed by the President, acting after consultation with the Prime Minister, the Leader of the Opposition and such other persons as appear to the President, acting in his own deliberate judgment, to be leaders of parties in the Assembly. (3) No person shall be qualified for appointment as a member of the Electoral Boundaries Commission or the Electoral Supervisory Commission if he is a member of, or a candidate for election to, the Assembly or any local authority or a public officer or a local government officer. (4) Subject to this section, a member of the Electoral Boundaries Commission or the Electoral Supervisory Commission shall vacate his office— (a) at the expiration of 5 years from the date of his appointment; or (b) where any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such. (5) The provisions of section 92 (2) to (5) shall apply to a member of the Electoral Boundaries Commission or the Electoral Supervisory Commission as they apply to a Commissioner within the meaning of section 92. [S. 38 amended by Act 48 of 1991; s. 3 of Act 28 of 2003 w.e.f. 15 September 2003.]