72.—(1) Every application under section 71 shall be heard by an Election Judge.
[42/2005]
(2) Witnesses shall be subpoenaed and sworn in the same manner as nearly as circumstances admit as in a trial by the High Court in the exercise of its original civil jurisdiction and shall be subject to the same penalties for the giving of false evidence.
(3) On the hearing of an application under section 71, the Election Judge may —
(a)
by order under his hand, compel the attendance of any person as a witness who appears to him to have been concerned in the election to which the application refers; and
(b)
examine any witness so compelled to attend or any person in court, although the witness is not called and examined by any party to the application; and after the examination of a witness by the Election Judge, the witness may be cross-examined by or on behalf of the applicant and the respondent, or either of them.
[42/2005]
(4) Any person refusing to obey the order of the Election Judge under subsection (3)(a) shall be guilty of a contempt of court.
(5) The Election Judge shall be attended on the hearing of an application under section 71 in the same manner as if he were a Judge of the Supreme Court sitting at assizes.
[42/2005]
(6) All interlocutory matters in connection with an application under section 71 may be dealt with and decided by an Election Judge.
[12/93; 42/2005]
Informal Consolidation | Amended Act 40 of 2019
Powers of Election Judge
72.—(1) Every application under section 71 shall be heard by an Election Judge.
[42/2005]
(2) Witnesses shall be subpoenaed and sworn in the same manner as nearly as circumstances admit as in a trial by the General Division of the High Court in the exercise of its original civil jurisdiction and shall be subject to the same penalties for the giving of false evidence.
[Act 40 of 2019 wef 02/01/2021]
(3) On the hearing of an application under section 71, the Election Judge may —
(a)
by order under his hand, compel the attendance of any person as a witness who appears to him to have been concerned in the election to which the application refers; and
(b)
examine any witness so compelled to attend or any person in court, although the witness is not called and examined by any party to the application; and after the examination of a witness by the Election Judge, the witness may be cross-examined by or on behalf of the applicant and the respondent, or either of them.
[42/2005]
(4) Any person who wilfully refuses to obey the order of the Election Judge under subsection (3)(a) shall be guilty of contempt of court under section 4(1) of the Administration of Justice (Protection) Act 2016.
[Act 19 of 2016 wef 01/10/2017]
(5) The Election Judge shall be attended on the hearing of an application under section 71 in the same manner as if he were a Supreme Court Judge sitting at assizes.
[42/2005]
[Act 40 of 2019 wef 02/01/2021]
(6) All interlocutory matters in connection with an application under section 71 may be dealt with and decided by an Election Judge.