This Act was repealed on 2016-06-10 by Local Government Elections (Repeal) Act, 2016.
This is the version of this Act as it was when it was repealed.
Local Government Elections Act, 1991
- Commenced on 6 September 1991
- [This is the version of this document as it was at 31 December 1996 to 13 November 1997.]
- [Repealed by Local Government Elections (Repeal) Act, 2016 (Act 20 of 2016) on 10 June 2016]
Part I – Preliminary
1. Short title
Part II – Local Government Electoral Commission
3. Local Government Electoral Commission
4. Secretary to CommissionThe President shall appoint a Secretary to the Commission who shall discharge such functions as the Commission may direct.
5. Procedure of Commission
6. Appointment of election officers
7. Conduct and expenses of Local Government elections
8. Powers of Commission
Part III – Delimitation of wards
9. Division of area of councils into wards
Part IV – Holding of elections
10. Ordinary elections 1992
11. Nomination of candidates
13. Representation of wards and tenure of officeThere shall be one councillor elected for each ward into which the area of a council is divided and, without prejudice to the Local Government Act, every councillor of a council shall hold office for the duration of the period expiring immediately before the result of the next ordinary election held in respect of that council or in respect of the ward for which he is elected councillor, as the case may be, is duly declared.[Cap. 285]
14. Qualification for voting
15. Disqualification from votingNo person shall be entitled to vote at an election under this Act who—
16. Qualification of councillorsSubject to the provisions of section seventeen, a person shall be qualified for election as a councillor of any council if, and shall not be qualified to be so elected unless—
17. Disqualification of councillors
Part V – Election petitions
18. Avoidance of elections
19. Who may present election petitionAn election petition may be presented to the court by one or more of the following persons:
20. Relief which may be claimed in election
21. Form and procedure for presentation of election petitions
22. Duty of Registrar to make out list of election petitions
23. Rules of practice and procedure; security for costs
24. Withdrawal of election petitions
25. Substitution of new petitioners
26. Abatement of election petitions
27. Trial of election petitions
28. Provisions as to witnesses
29. Conclusion of trial of election petition
30. Provisions as to costs
Part VI – Corrupt and illegal practice and election offences
31. BriberyAny person who, directly or indirectly, by himself or any other person—
32. PersonationAny person who—
33. TreatingAny person who corruptly by himself or by any other person either before, during or after an election, directly or indirectly gives or provides or pays wholly or in part the expenses of or gives or provides any food, drink, entertainment, lodging or provisions to, or for, any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at an election shall be guilty of the offence of treating.
34. Undue influence
35. PenaltyAny person who is guilty of the offence of bribery, personation, treating or undue influence shall be liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a period not exceeding two years, or to both.[As amended by Act No. 13 of 1994]
36. Illegal practice of publishing false statements in respect of candidates
37. Illegal practice in respect of nomination of candidatesAny person who forges or fraudulently destroys any nomination paper, or delivers to a returning officer any nomination paper knowing the same to be forged, shall be guilty of an illegal practice.
38. Illegal practice in respect of votersAny person who at an election obstructs a voter either at the polling station or on his way thereto or therefrom shall be guilty of an illegal practice.
39. Illegal practice in respect of public meetingsAny person who, at a lawful public meeting held in connection with the election of any person between the day of the publication of a notice appointing nomination day and the day on which the result of the election is published, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business which the meeting is called, shall be guilty of an illegal practice.
40. Illegal practice in broadcastsAny person who, with intent to influence persons to give or refrain from giving their votes at an election, uses or procures the use of any wireless transmitting station outside the Republic shall be guilty of an illegal practice.
41. Penalty for illegal practicesAny person who is guilty of an illegal practice shall be liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a period not exceeding two years, or to both.[As amended by Act No. 13 of 1994]
42. Election offences
44. Offences by election officerAny election officer who wilfully fails to perform the functions of his office under this Act or the regulations made thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a term not exceeding two years, or to both.[As amended by Act No. 13 of 1994]
45. Offences by printers and publishers
46. Penalty for attempt to commit certain offencesAny person who attempts to commit an offence which is a corrupt practice or illegal practice or an offence against section forty-eight shall be guilty of an offence and shall, on the conviction, be liable to the punishment prescribed for the offence commission of which is attempted.
Part VII – Miscellaneous
47. ***[Repealed by Act No. 17 of 1994]
48. When incapacity may be removedWhenever a person has become subject to any incapacity under this Act by reason of a conviction or by reason of any declaration or report of any court, and any witness who gave evidence against such person upon the proceeding for such conviction, declaration or report is convicted of perjury in respect of that evidence, such person may apply to the High Court which, if satisfied that the conviction, declaration or report, so far as it concerns that person, was based upon perjured evidence, may order that his incapacity shall from that time cease, and the same shall cease accordingly.
49. No person required to state how he votedNo person who has voted at an election shall in any proceedings, whether brought under this Act or otherwise, be required to state for whom he has voted.
50. Evidence as to holding of electionUpon any charge of a corrupt practice or an illegal practice, or any other offence against this Act, alleged to have been committed at or in connection with an election, the certificate of a returning officer that the election mentioned therein was being or had been held shall be sufficient evidence of the fact that such election was being or had been held.
51. Validation of certain documentsNo misnomer or any inaccurate description of any person or place in any register, list, nomination paper, notice or other document required for the purpose of this Act shall affect the full operation of the document in respect to that person or place in any case where the description of the person or place is such as to be commonly understood.
52. Transitional provisions in respect of elections in 1991Notwithstanding anything to the contrary in this Act, the following provisions shall have effect in relation of election to be held in 1991, under subsection (1) of section two:
History of this document
10 June 2016
Repealed by Local Government Elections (Repeal) Act, 2016
01 December 2001 amendment not yet applied
14 November 1997 amendment not yet applied
31 December 1996 this version
06 September 1991