Maximum adjudication time for the full EDR process (days)

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

PART VIII

Disputed Elections

52 Specialprovisions relating to the procedure before an Election Judge.

.-(1) The ElectionJudge may, upon such terms as to costs or otherwise as he may deem fit, allowthe particulars of any corrupt or illegal practice specified in an electionpetition to be amended or amplified in such manner as may in his opinion benecessary for ensuring a fair or effective trial of the petition, so, however,that he shall not allow such amendment or amplification if it will result inthe introduction of particulars of any corrupt or illegal practice notpreviously alleged in the petition.

(2) Every electionpetition shall be tried asexpeditiously as possible and every endeavour shall be made to concludethe trial of such petition within a period of two months after the date of the presentation of suchpetition. The Election Judge shall make his order deciding such petitionwithout undue delay after the date of the conclusion of the trial of suchpetition.

55. Appeal onquestion of law against determination under section 53 and any other decisionof Election Judge which finally disposes of election petition.

An appeal tothe Court of Appeal shall lie on any question of law, but not otherwise,against-

(a) the determination of an Election Judge under section 53; or

(b) any other decision of an Election Judge which has the effect of finallydisposing of an election petition.

(2) Any suchappeal may be preferred, either by the petitioner or by the respondent in theelection petition, before the expiry of a period of one month next succeedingthe date of the determination or decision against which the appeal ispreferred.

(3) Notice ofthe filing of a petition of appeal, accompanied by a copy of the petition,shall, within ten daysof the filing thereof be served by the appellant on the other party or each ofthe other parties to the election petition and on the Attorney-General. Suchservice on a party may be effected in any manner prescribed for the service ofthe notice and copy of an election petition.

(4) Every appeal under this sectionshall, as far as practicable be given priority over other business of thatCourt. The Court may give all such directions as it may considernecessary in relation to the hearing and disposal of each appeal.

(5) TheAttorney-General shall be entitled to appear or be represented in any appealunder this section.

57. Powers ofthe Court of Appeal.

-(1) The Courtof Appeal may, upon any appeal preferred under section 55, affirm, vary orreverse the determination or decision of the Election Judge to which the appealrelates.

(2) Where theCourt of Appeal reverses on appeal the determination of the Election Judgeunder section 53 that Court shall decide whether the member whose return orelection was complained of in the election petition, or any other, and if sowhat person, was duly returned or elected, or whether the election was void,and a certificate of such decision shall be issued by that Court.

(3) The Courtof Appeal may, in the case of any appeal under section 55, order that the electionpetition to which the appeal relates shall be tried anew in its entirety or inregard to any matter specified by that Court and give such directions inrelation thereto as that Court may think fit.

(4) The Courtof Appeal may make any order which it may deem just as to the costs of theappeal and as to the costs of and incidental to the presentation of theelection petition and of the proceedings consequent thereon, and may by suchorder reverse or vary any order as to costs made by the Election Judge.

(5) Thedecision of the Court of Appeal on any appeal shall be final and conclusive.

60. Time forPresentation

-(1) Everyelection petition shall be presented within twenty-one days of the date of publication of theresult of the election in the Gazette:

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The Elections and Boundaries Commission,