[14th May 1993]

Citation
1. These Regulations may be cited as the Presidential Elections (Certificate of Eligibility) Regulations

Definitions
2. In these Regulations, unless the context otherwise requires —

"certificate of eligibility" means the certificate referred to in section 8 (1) of the Act;

"Committee" means the Presidential Elections Committee established under Article 18 of the Constitution;

"Secretary" means the Secretary of the Committee appointed under regulation 13.

Information and consultation
3. The Committee may inform itself on any matter in such manner as it thinks appropriate and may consult with such persons as it thinks fit.

Elections Department to supply information and assistance
4. The Elections Department shall, on request by the Committee, supply the Committee with all such information, and provide the Committee with all such assistance as the Committee requires for the purposes of performing its functions under the Constitution.

Application by person desiring to contest election
5. Any person who desires to contest in any election shall, in accordance with section 8 (1) of the Act, apply to the Committee for a certificate of eligibility in Form A in the Schedule.

Incomplete applications, etc.
5A.   Where an application for a certificate of eligibility —

(a) is not in Form A in the Schedule; or

(b) is in Form A in the Schedule but —

(i) the form or any part thereof (including Annexes) is incomplete; or

(ii) is not accompanied by a duly completed declaration at the end,

the Secretary shall without delay inform the applicant that his application for the certificate of eligibility is unsuccessful.

Issue of certificate of eligibility
6. —(1) A certificate of eligibility shall be in Form B in the Schedule.

(2) Upon receipt of any application under regulation 5, the Committee shall, if it is satisfied that the applicant is a person of integrity, good character and reputation, or it is of the opinion that the applicant has such experience and ability in administering and managing financial affairs as to enable him to effectively carry out the functions and duties of the office of President, as soon as practicable and in any case not later than the day before nomination day, issue to the applicant a certificate of eligibility containing the relevant certification.

Unsuccessful applicant to be informed
7. Where the Committee is —

(a) not satisfied that an applicant is a person of integrity, good character and reputation; or

(b) of the opinion that an applicant who desires to contest in an election by virtue of being qualified under Article 19 (2) (g) (iv) of the Constitution is not so qualified,

the Secretary shall, as soon as practicable and in any case not later than the day before nomination day, inform the applicant accordingly of the Committee’s decision.

Successful applications
8. The Secretary shall without delay notify the applicant of every successful application for a certificate of eligibility of the Committee’s decision and the applicant shall collect the certificate from the Secretary not later than the day before nomination day.

Committee may request applicant to appear
9. The Committee may, if it thinks fit, request an applicant or his referees to appear before the Committee before determining whether or not to issue the applicant a certificate of eligibility under regulation 6.

Furnishing of information
10. The Committee may, if it thinks fit, request an applicant to furnish to the Committee such information as it may require.

Secretary to supply forms
11. The Secretary may supply Form A in the Schedule to any person requiring it at any time after either of the following dates, whichever is the earlier:

(a) the date the office of the President becomes vacant prior to the expiration of the term of office of the incumbent; or

(b) such date which is 3 months before the date of expiration of the term of office of the President.

Applications and correspondence with Committee
12. For the purpose of these Regulations, all applications to and correspondence with the Committee shall be addressed to the chairman of the Committee and channelled through the Secretary whose office shall be at the Elections Department.

Secretary to Committee
13. —(1) There shall be a Secretary to the Committee who shall be a public officer appointed by the chairman of the Committee.

(2) The Secretary to the Committee shall, in accordance with such instructions as may be given to him by the chairman of the Committee, be responsible —

(a) for arranging the business for, and keeping the minutes of, the meetings of the Committee; and

(b) for conveying the decisions of the Committee to the appropriate person or authority,

and shall carry out such other functions and duties as the chairman of the Committee may, from time to time, assign or direct.

THE SCHEDULE