Following the appointment of the Electoral Committee at the 2018 Biennial Conference in Botswana, documents have been prepared for presentation to the General Assembly in terms of that mandate.
These documents include the Rules and Schedules for the ANCL Elections and the ANCL Constitution with proposed amendments.
The proposed amendments to the Constitution were necessitated by:
a) The need for harmony with the Rules and Schedules for the ANCL Elections;
b) The desire to make the ANCL more inclusive, participatory and its leadership more diverse and representative;
c) The need for gender equality; and
d) The desire for internal textual consistency.
The proposed amendments cover the following areas:
a) Creation of the new offices of Four Vice Presidents, Deputy Secretary-General, Treasurer, Deputy Treasurer, Membership Officer and Deputy Membership Officer (Articles 6.1,8.1,9.5,11 &12);
b) Creation of regional caucuses which shall elect The Vice Presidents (Article 6.3);
c) Making the Electoral Committee an organ of the ANCL (Article 6.2);
d) A requirement for gender equality (Article 14);
e) Eligibility requirements for candidates and voters (Article 15);
f) Changes to numbering for textual consistency (Throughout the document)
---THE AFRICAN NETWORK OF CONSTITUTIONAL LAWYERS (ELECTIONS) RULES, 2021---
Pursuant to Section III, Articles 6, 7 (3), 8(3), (5) and (6) of ANCL Constitution, 2019.
Rule 1: All elective officers shall be elected from the membership at the appropriate General Assembly of the ANCL and shall continue in office for until their successors are elected or appointed.
Rule 2: (1) During the General Assembly meeting in an elective year, the members shall elect, from the members of the ANCL, a minimum of three and a maximum of five members of the Electoral Committee who shall serve as Returning Officers.
(2) The Returning Officers shall –
(a) 60 days prior to Election Day send a notice to the Membership of the election inviting Nominations in the prescribed manner
(b) 30 days before the elections, prepare an accurate and verifiable register of members duly eligible to vote;
(c) conduct nominations;
(d) prepare ballot papers for each elective position;
(e) conduct and supervise the elections;
(f) announce the results of the elections.
(g) swear-in elected members of the ANCL.
(3) Notice indicated in the preceding sub-Rule shall contain the relevant eligibility criteria.
(4) The Returning Officers shall reject every nomination paper which –
(a) is unsigned;
(b) does not have the endorsement of two fully paid up members;
(c) is received after the date for the nomination has expired; or,
(d) is a second nomination by any member in respect of whom they have already received and admitted a valid nomination.
(5) Upon the confirmation of the final results by the Returning Officers, the newly elected Members shall be sworn into office in accordance with the oath or affirmation prescribed in the First Schedule of these Rules.
(6) The elected members shall hold office for a term beginning on the date on which they were sworn in, and ending when the person next elected Organ Member, is sworn in.
(7) The Secretary-General may designate a number of officers as he deems necessary, from the secretariat to assist the Returning Officers in discharging their functions.
Rule 3: (1) Every member shall be entitled to nominate only one member for each elective position.
(2) At least sixty (60) days before the appropriate General Assembly meeting, the Returning Officers shall by notice in writing send to every member of the ANCL a nomination paper.
(3) The notice shall announce the number of vacancies and shall specify therein a date (hereinafter referred to as the latest date for nomination), being not less than thirty days before the date fixed for the General Assembly, by which nominated candidates shall submit their duly endorsed nomination to the Electoral Committee.
(4) Every nomination shall specify the full names and address of the candidate; the nature of office (if any) in the ANCL previously held by him/her, and; the office for which he/she is nominated. It shall contain, or be accompanied by the candidate’s consent in writing to serve if elected.
(5) Where more than one person is nominated for any position, an election by secret ballot shall be held at the appropriate General Assembly meeting, where members in attendance shall be entitled to vote (subject to proxy voting provision). Where only one member is nominated for an elective position, that member shall be declared automatically elected.
(6) Where no nomination is received for any office by the latest nomination date, nominations shall be made from the floor at the appropriate General Assembly meeting. The vacancy shall then be filled by elections conducted by secret ballot.
(7) A duly nominated candidate may in exceptional circumstances be elected in absentia.
Rule 4: (1) Each member who is eligible to vote shall have one (1) vote.
(2) A member who is eligible to vote shall be entitled to vote either personally or by proxy.
(3) A notice appointing a proxy shall be received by the Electoral Committee no later than seventy-two hours before the time appointed in the notice for the meeting.
(4) A proxy for a Member appointed in accordance with sub-article (c) shall be entitled to attend, be heard, and vote at a General Assembly meeting as if that proxy were a Member.
(5) Every individual proxy shall represent a maximum of up to only two (2) members duly eligible to vote.
Rule 5: All polls shall be by secret ballot.
Tie in votes
Rule 6: Where there is a tie in the votes, there shall be a re-run for that elective position.