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Report No. 255

(ii) Comparative practices

6.11.1. An examination of comparative practices is instructive. In South Africa, the Independent Electoral Commission comprises of five members, including one judge. They are appointed by the President on the recommendations of the National Assembly, following nominations by a National Assembly inter-party committee, which receives a list of at least eight candidates.

This list of (at least) eight nominees is recommended by the Selection Committee, which has four members being, the President of the Constitutional Court; a representative of the Human Rights Commission and the Commission on Gender Equality each; and the Public Prosecutor.220

220. Electoral Institute for Sustainable Democracy in Africa, South Africa: Independent Electoral Commission,
<http://www.content.eisa.org.za/old-page/south-africa-independent-electoralcommission>

6.11.2. In Ghana too, the seven member Election Commission is appointed by the President on the advice of the Council of State, with the Chairman and two Deputy Chairmen having permanent tenure.221

221. Section 4, The Electoral Commission Act, 1993; See also Establishment of Electoral Commission,
<http://www.ec.gov.gh/assets/file/establishment_of_electoral_commision.pdf>

6.11.3. In Canada, the Chief Electoral Officer of "Elections Canada" is appointed by a House of Commons resolution for a non-renewable ten-year term, and to protect their independence from the government, he/she reports directly to Parliament.222 In the United States, the six Federal Election Commissioners are appointed by the President with the advise and consent of the Senate. The Commissioners can be members of a political party, although not more than three Commissioners can be members of the same party.223

222. Elections Canada, Appointment of the Chief Electoral Officer,
<http://www.elections.ca/content.aspx?section=abo&dir=ceo/app&document=index&lang=e>

223. Qureshi, supra note 1

6.11.4. In all these cases thus, it is clear that the appointment of the Election Commissioners or the electoral officers is a consultative process involving the Executive/Legislature/other independent bodies.



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