Respondent State claims that since members
of the electoral body no longer
represent the entities that propose them, the relationship that ties them to those
entities ends at the moment of their appointment. Consequently, the Respondent
State maintains that the changed method of appointing members of the electoral
body
established
in
the
impugned
law
has
greatly
strengthened
the
independence of the electoral body.
154. With respect to the criteria on inviting opposition parties to propose members to
sit in the electoral body, the Respondent
different
political
Assembly.
parties
which
have
State claims they have
parliamentary
groups
invited the
in the
National
In selecting civil society organisations (CSOs) to propose electoral
commission members, the Respondent State maintains that it was guided by the
principles
of
inviting
organisations
based
on
their
representativeness.
Specifically,
it clarified that umbrella or platform organisations were favoured
which
together the
bring
most
active
human
rights organisations
working
on
does
not
electoral issues.
155. Furthermore,
contain
any
the
Respondent
provision
which
State
compels
notes
that the
the proposing
impugned
law
entities to select persons
from their “sphere of influence”. Thus, they claim that nothing prevents a member
being
proposed
solely based
on their competence
rather than their political
orientation.
156. The Respondent State also insists that it has not used its discretionary powers to
reject any proposals by made the designated entities.
157. The
Respondent
State
did
not
make
any
submissions
concerning
the
insufficiency of an oath of the members of the electoral body to guarantee their
independence and impartiality.
158. However,
the
Respondent
State
underlines
that
to
further
guarantee
the
independence of the electoral body, the members of the electoral body at the
Central level are appointed for a fixed term of six years. During this term of office,
any
possible
allegiance
of the electoral
body
members
to the entity which
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