PART II
THE ELECTORAL COMMISSION

 
    (2) The affixing of the seal shall be authenticated by the Chair-
person or any other person authorised in that behalf by a resolution of the Commission.
    (3) Any document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued as, the case may be, without further proof, unless the contrary is proved.

4. (I) The Commission as established by Article 76 of the .Constitution shall have the functions specified in that Article.

    (2) The Commission shall consist of the following full-time members:

          (a) a Chairperson; and
          (b) not more than four other members.

     (3) The members shall be appointed by the President, subject to ratification by the National Assembly.

     (4) The Chairperson shall be a person who has held, or is qualified to hold, high judicial office or, any other suitably qualified person.

 5. (I) A member referred to in subsection (I) of section four shall       be appointed for a term not exceeding seven years, subject to renewals and ratification by the National Assembly:

       Provided that the first members shall be appointed for periods ranging from two to five years in order to facilitate retirement by rotation.

       (2) A member referred to in subsection (I) may resign upon giving one month's notice, in writing, to the President.

       (3) The President may remove a member if-

           (a) the member is insane or otherwise declared to be of unsound mind; or
           (b) the member is declared bankrupt.

6. Whenever the office of a member becomes vacant before the expiry of the term of office, the President may appoint another person to be a member in place of the member who vacates the office for the unexpired term of that office.  

7. A member shall be paid such remuneration or allowances as the Commission may,  with the approval of the President, determine. 

 8. (I) Subject to the other provisions of this Act, the Commission may regulate its own procedure.

     (2) Three members shall form a quorum at any meeting of the Commission.
     (3) There shall preside at any meeting of the Commission-

           (a) the Chairperson; or
           (b) in the absence of the Chairperson, such member as the members present may elect for the purposes of that meeting.

     (4) A decision of the commission on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall a casting vote in addition to his deliberative vote.

     (5) The Commission may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Commission, but such person shall have no vote.

     (6) The validity of any proceedings, acts or decisions of the Commission shall not be affected by any vacancy in the membership of the Commission or by any defect in the appointment of any member or by reason, that any person not entitled to do so took part in the proceedings.

9. (1) the Commission may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers fit.

    (2) The Commission may appoint as members of a committee, persons who are, or are not, members, except that at least one member of a committee shall be a member.

     (3) A person serving as a member of a committee shall hold office for such period as the Commission may determine.

     (4) Subject to any specific or general direction of the Commission, a committee may regulate its own procedure.

10. (1) If any person is present at a meeting of the Commission or any committee at which any matter is the subject of consideration and in which matter that person or that person's spouse is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Commission or committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching such matter.

     (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made.

     (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years or to both.

11. (1) A person shall not without the consent in writing given by, or on behalf of, the Commission, publish or disclose to any person otherwise than in the course of the person's duties the contents of any document, communication, or information which relates to, and which has come to the person's knowledge in the course of the person's duties under this Act.

    (2) Any person who contravenes subsection (l) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years or to both.

    (3) If any person having information which to that person's knowledge has been published or disclosed in contravention of  subsection (I) unlawfully publishes or communicates any such information to any other person, that person shall be guilty of an offence and shall be liable upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years or to both.