Electoral Commission Act
- Commenced on 3 July 1998
- [This is the version of this document from 2 November 2018.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
- [Amended by Electoral Commission (Amendment) Act, 2017 (Act 32 of 2018) on 2 November 2018]
Part I – Preliminary
1. Short titleThis Act may be cited as the Electoral Commission Act.
2. InterpretationIn this Act, unless the context otherwise requires, the several words and expressions used in this Act shall have the same meanings assigned to them in the Constitution and the Parliamentary and Presidential Elections Act and the following additional words shall have the following meaning—"Chairman" means the Chairman of the Commission;[definition of "Chairman" inserted by section 2 of Act 32 of 2018]“Chief Elections Officer” means the Chief Elections Officer appointed under section 12."Commission" means the Electoral Commission established under section 75(1) of the Constitution; and[definition of "Commission" inserted by section 2 of Act 32 of 2018][Cap. 2:01]
Part II – Status and membership of the Commission
3. Legal personality and capacity of the CommissionThe Commission shall be a body corporate with perpetual succession and a common seal and be capable of—
4. Appointment of members of the Commission
5. Eligibility for appointment to the CommissionNo person who is a candidate in any election or is a serving employee of the Commission shall be eligible to be appointed a member of the Commission or any of its committees.
6. Independence of the Commission
7. Committees of the Commission
Part III – Functions and powers of the Commission
8. Functions and powers of the Commission
9. Delegation of powers and functionsThe Commission may delegate to any of its committees, the Chief Elections Officer or other employee of the Commission all or any of its powers and functions.
10. Vacancy in the membership of the CommissionSubject to the Constitution and to section 11 (3), any vacancy in the membership of the Commission shall not affect its decisions, the performance of its functions or the exercise of its powers under the Constitution, this Act or any other written law.
Part IV – Meetings of the Commission
11. Meetings of the Commission
Part V – Management
12. Appointment of Chief Elections Officer
13. Appointment of staff of the Commission
14. Vacancy where employee becomes candidate in the electionsThe office or post of an employee of the Commission shall automatically become vacant in the event that the employee becomes a candidate in any presidential, parliamentary or local government election.
Part VI – Financial provisions
15. Funds of the Commission
16. Books and other records of accounts, audit and reports of the Commission
17. Holdings of funds of the Commission
18. Financial yearThe financial year of the Commission shall be the period of twelve months commencing on the 1st July of each year and ending on the 30th June of the following year:Provided that the first financial year may be a period shorter or longer than twelve months as the Commission shall determine, but in any case not longer than eighteen months.
Part VII – Miscellaneous
19. Duty to co-operate
20. Legal representationThe Commission may instruct the Attorney General or any legal practitioner to provide legal representation to the Commission in any court proceedings, including proceedings concerning appeals against its decisions on complaints about any aspect of the electoral process, or to provide general legal advice to the Commission.
21. PublicityThe Commission shall, in such manner as it shall consider appropriate, publish a notice for public information specifying—
21A. Provision of voter educationThe Commission shall establish mechanisms for the provision of continuous voter education, and cause to be prepared a voter education curriculum.[section 21A inserted by section 6 of Act 32 of 2018]
21B. Accreditation by the CommissionA person shall not conduct voter education without being accredited by the Commission in accordance with this Act.[section 21B inserted by section 6 of Act 32 of 2018]
21C. Accreditation to provide voter educationAny person, other than a registered political party, may apply to the Commission in the prescribed manner for accreditation to provide voter education to the general public for or in respect of any election.[section 21C inserted by section 6 of Act 32 of 2018]
21D. Code of conduct for accredited voter education providersThe Commission shall, in consultation with the Minister, by notice, publish in the Gazette, a code of conduct for persons accredited to provide voter education for or in respect of an election.[section 21D inserted by section 6 of Act 32 of 2018]
21E. Failure to comply with the code etc.Where a person accredited to provide voter education fails to comply with the conditions of accreditation or the code of conduct specified in section 21C, the Commission may, after having given the person the opportunity to be heard, cancel the accreditation concerned or suspend the accreditation until the conditions are met.[section 21E inserted by section 6 of Act 32 of 2018]
22. RegulationsThe Minister may, on the recommendation of the Commission, make regulations for the better carrying out of this Act.
Part VIII – Transitional provisions
24. Transfer of assets, etc.
History of this document
02 November 2018 this version
Amended by Electoral Commission (Amendment) Act, 2017
03 July 1998