vii. Finds that the Respondent State has not violated Articles 13(1) and
3 of the Charter by permitting, in sections 7(1), 7(2) and 7(3) of the
NEA, the appointment of returning officers only from the public
service;
Unanimously,
viii. Finds that the Respondent State has violated Article 13(1) of the
Charter in so far as section 6(1) of the NEA does not prescribe
qualification criteria for persons to be appointed as Director of
Elections;
ix. Finds that the Respondent State has violated Article 13(1) of the
Charter to the extent that sections 7(2) and 7(3) of the NEA do not
contain any indication of the positions in the public service that
public servants must occupy to be appointed as returning officers
or even an indication as to the qualifications that they must possess
before they can be appointed as returning officers;
x. Finds that the Respondent State has violated Article 1 of the
Charter.
On reparations
xi. Orders the Respondent State to take all necessary constitutional
and legislative measures, within a reasonable time, to ensure that
sections 6(1), 7(2) and 7(3) of the NEA are amended and aligned
with the provisions of the Charter so as to eliminate the violation of
Article 13(1) of the Charter;
xii. Orders the Respondent State to publish this Judgment within a
period of three (3) months from the date of notification, on the
websites of the Judiciary and the Ministry for Constitutional and
Legal Affairs, and to ensure that the text of the Judgment remains
accessible for at least one (1) year after the date of publication.
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