Requirement to hold a hearing

Representation Of The People Act, Chapter 9, Revised Edition (2000-12-31)

PART VIII

Disputed Elections

47. Appointmentand powers of Election Judge.

-(1) Every election petition shall betried by the Chief Justice or by a judge of the Supreme Court nominatedby the Chief Justice for the purpose.

(2) The ChiefJustice or the judge so nominated is in this Act, referred to as the “ElectionJudge”.

(3) For thepurposes of summoning or compelling the attendance of witnesses at the trial ofan election petition, the Election Judge shall have the same power,jurisdiction, and authority as are possessed and exercised by the judge of theSupreme Court in the trial of a civil action and witnesses shall be sworn inthe same manner, as near as circumstances will admit, as in the trial of suchan action, and shall be subject to the same penalties for the giving of falseevidence.

(4) TheElection Judge shall be attended on the trial of an election petition in thesame manner as if he were a judge of the Supreme Court.

(5) Unlessotherwise ordered by the Chief Justice, all interlocutory matters in connectionwith an election petition may be dealt with and decided by any judge of theSupreme Court.

The Elections and Boundaries Commission,