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. 41

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