Presidential Elections (Certificate of Eligibility) Regulations

Presidential Elections Act

(Chapter 240A, Section 81)

Rg 2

REVISED EDITION 1994

(30th March 1994)

[14th May 1993]

Citation

1. These Regulations may be cited as the Presidential Elections (Certificate of Eligibility) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“certificate of eligibility” means the certificate referred to in section 8(1) of the Act;

“Committee” means the Presidential Elections Committee established under Article 18 of the Constitution.

Information and consultation

3. The Committee may inform itself on any matter in such manner as it thinks appropriate and may consult with such persons as it thinks fit.

Elections Department to supply information and assistance

4. The Elections Department shall, on request by the Committee, supply the Committee with all such information, and provide the Committee with all such assistance, as it requires for the purposes of performing its functions under the Constitution.

Application by person desiring to contest election

5. Any person who desires to contest in any election shall, in accordance with section 8(1) of the Act, apply to the Committee for a certificate of eligibility in Form A in the Schedule.

Issue of certificate of eligibility

6.—(1) A certificate of eligibility shall be in Form B in the Schedule.

(2) Upon receipt of any application under regulation 5, the Committee shall, if it is satisfied that the applicant is a person of integrity, good character and reputation, or it is of the opinion that the applicant has such experience and ability in administering and managing financial affairs as to enable him to effectively carry out the functions and duties of the office of President, as soon as practicable and in any case not later than the day before the nomination day, issue to the applicant a certificate of eligibility containing the relevant certification.

Unsuccessful applicant to be informed

7. Where the Committee is —

(a)	not satisfied that an applicant is a person of integrity, good character and reputation; or
(b)	of the opinion that an applicant who desires to contest in an election by virtue of being qualified under Article 19 (2)(g)(iv) of the Constitution is not so qualified,

the Committee shall, as soon as practicable and in any case not later than the day before nomination day, inform the applicant accordingly .

Successful application to collect certificate from Returning Officer

8. Upon determination of any application, the Committee shall forthwith notify an applicant whose application for a certificate of eligibility is successful of its decision and the applicant shall collect the certificate from the Returning Officer not later than the day before nomination day.

Committee may request applicant to appear

9. The Committee may, if it thinks fit, request an applicant or his referees to appear before the Committee before determining whether or not to issue the applicant a certificate of eligibility under regulation 6.

Furnishing of information

10. The Committee may, if it thinks fit, request an applicant to furnish to the Committee such information as it may require.

Returning Officer to supply forms

11. The Returning Officer may supply Form A in the Schedule to any person requiring it at any time after either of the following dates, whichever is the earlier:

(a)	the date the office of President becomes vacant prior to the expiration of the term of office of the incumbent; or
(b)	such date which is 3 months before the date of expiration of the term of office of the President.

Applications and correspondence with Committee

12. For the purpose of these Regulations, all applications to and correspondence with the Committee shall be addressed to the chairman of the Committee and channelled through the Elections Department.

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