SPECIAL EDITION ON THE REFERENDUM: Proposition 8– Shortened Time For NEC To Hear Complaints

The final proposition of the 2020 National Referendum is Article 83(c), which is mostly concerned about the timeframe allotted to the National Elections Commission (NEC) to hear and adjudicate complaints emanating from election and candidates. As it is, the NEC has thirty (30) days to hear a complaint.

   Article 83(c) reads, “The Election Commissions shall, within thirty (30) days of the receipt of the complaint, conduct an impartial investigation and render a decision which may involve a dismissal of the complaint or a nullification of the election of a candidate. Any political party or candidate affected by such decision shall not later than seven days appeal against it to the Supreme Court.”

   This proposition holds its argument from the fact that holding the general elections in November, instead of October, will reduce the timeframe for resolution of complaints emanating from general elections; proportionately, reducing the time allotted for the hearing of complaints will ensure that inauguration activities are held on the date enshrined in the 1986 Constitution.

   If amended, Article 83(c) will read, “The Election Commissions shall, within fifteen (15) days of the receipt of the complaint, conduct an impartial investigation and render a decision which may involve a dismissal of the complaint or a nullification of the election of a candidate. Any political party or candidate affected by such decision shall not later than seven days appeal against it to the Supreme Court.”

  A “yes” vote means a person has agreed for the reduction of the time allotted for the hearing of complaints coming from General Elections from thirty (30) days to fifteen (15) days; a “no” vote on the proposition means the Constitutional provision should not be changed but remain in its current form.