EBC Presents Report To PM

The Electoral Boundaries Commission (EBC) has presented its report to the Prime Minister for presentation to Parliament, in accordance with Section 39 (1) of the Constitution.

There findings were compiled and handed over after months of conducting inquiries and reviews, recommendations and map.

Under Section 125 (3) of the Constitution, the Parliament can only accept or reject the recommendation of the EBC, but it cannot amend the report or the recommendations of the EBC.  

Under Section 41 (1) of the Organic Law, Parliament has a timeframe of two (2) months to consider the recommendations and it may do any one of the following by way of resolution;

  1. Accept the recommendations wholly;
  2. Reject the recommendations wholly; or
  3. Reject the recommendations and refer specific matters for reconsideration by the EBC.

If the Parliament accepts the recommendations, the recommendations become final and the proposed electorates are enacted.

If Parliament rejects the recommendations wholly or rejects the recommendations with reference to specific matters, the EBC has 40 days to reconsider the recommendations or the specific matters referred to by Parliament and submit a further report making new recommendations or confirming its previous recommendations.

Such a revised recommendation, shall be presented in Parliament and the Parliament may within 40 days of the presentation, by way of resolution, accept the revised recommendations by a simple majority or reject the revised recommendations by a two thirds absolute majority.

If the Parliament fails to reject the report with a two third absolute majority, the revised recommendations of the EBC becomes final and the proposed electorates become enacted.

In a statement released today, the EBC conveyed its appreciation to the public and stakeholders who participated in assisting it to produce its findings and recommendations.

The EBC is mandated by Section 125 (1) of the Constitution and Section 35 of the Organic Law to determine redistribution or split of open electorates within intervals of not more than 10 years.

The first EBC review was undertaken in 1977 which was accepted by Parliament then.

Other subsequent reviews were undertaken in 1981, 1986, 1991 and 2006 and the recommendations from each of these reviews were rejected by parliament.

Hence, to date, the current Open Electoral Boundaries remain as determined by Parliament in 1977.

Meantime, Electoral Boundaries Commissioner, McRonald Nale clarified that Section 125 (4) of the Constitution confers a high degree of independence on the EBC, whereby it is not subject to direction or control by any person or authority in the performance of its function, including deliberating and compiling its report and recommendations for Parliament.

Author: 
Freddy Mou