Law library · Sierra Leone · The Public Elections Act, 2012
Section 8, The Public Elections Act, 2012
Status not yet checkedThe Public Elections Act, 2012, Sierra Leone
(1) The Commission shall meet for the dispatch of itsbusiness at such time and place as the Chairman may determine.
(2) The Chairman shall preside at a meeting of the
Commission at which he is present and in his absence, a member
elected by the members present from among their number, shall preside.
(c) performing all such acts as bodies corporate
may by law perform.
(4) The Commission shall have a seal, the use of which
shall be authenticated by the signature of–
(a) the Chairman; or
(b) an Electoral Commissioner and any other
officer of the Commission authorized either
generally or specifically by the Commission,
in that behalf.
3. By virtue of subsection (11) of section 32 of the
Constitution, the Commission is an independent body.
4. The Chairman or an Electoral Commissioner may resign the
office by written notice addressed to the President.
5. (1) Pursuant to subsection (8) of section 32 of the
Constitution, a member of the Commission may be removed from
office by the President for inability to discharge the functions of the
office, whether arising from infirmity of mind or body or any other
cause, or for gross misconduct.
(2) When a member of the Electoral Commission is to be
removed from office for gross misconduct under subsection (1), the
statement of the gross misconduct shall be addressed to a tribunal
appointed by the President, adapting for that purpose, the provisions
of paragraphs (a) and (b) of subsection (5) of section 137 of the
Constitution and subsections (6) and (7) of that section shall apply,
with the necessary modifications, to the removal of that member.
6. (1) The terms and conditions of service of the Chairman
and other members of the Commission including their remuneration,
allowances and the privileges to be accorded them, shall be prescribed
by Parliament under the State Salaries, Pensions, Gratuities and Other
Benefits Act, 2003.
6 7
Resignation
from
Independence
Removal of
member for
gross misconduct.
Remuneration,
allowances
and privileges
of members
Commission..
Act No. 4
of 2003.
Functions of
Proceedings
(3) Each member shall have one vote but where there is
an equality of votes, the Chairman or other member presiding shall
have a casting vote.
(4) All acts, matters or things authorized or required to
be done by the Commission shall be decided at a meeting where a
quorum is present and the decision is supported by the votes of a
majority of the members.
(5) The quorum for a meeting of the Electoral Commission
shall be three.
(6) A proposal circulated among all members and agreed
to in writing by a majority of all members shall be of the same force or
effect as a decision made at a duly constituted meeting of the Electoral
Commission and shall be incorporated in the minutes of the next
succeeding meeting of the Commission; but if a member requires that
the proposal be placed before a meeting of the Electoral Commission,
this section shall not apply to that proposal.
(7) Subject to this Act, the Commission shall regulate the
procedure at its meetings.
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