Legislator Case Law & Legislation
act_2007_21 MT

ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

9 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (9)

Statutory Text (9 Articles)

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

28th September, 2007

ACT No. XXI of 2007

AN ACT to further amend the Constitution

BE IT ENACTED by the President, by an with the advice and

consent of the House of Representatives, in the present Parliament

assembled and by the authority of the same, as follows:-

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

The short title of this Act is the Constitution of Malta

(Amendment) (No. 2) Act, 2007 and the Act shall be read and construed Short title.

as one with the Constitution of Malta, hereinafter referred to as “the

Constitution”.

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

Article 61 of the Constitution shall be amended as follows

Amendment of

article 61 of the

Constitution.

(a) in the proviso to sub-article (4) thereof, for the words

“other relevant factors.” there shall be substituted the words “other

relevant factors:” and immediately thereafter there shall be inserted

the following new proviso

“Provided further that the Island of Gozo and the islands of

the Maltese Archipelago other than the Island of Malta shall

together be treated as one electoral division and may not be divided

between two or more electoral divisions.”< and

(b) immediately after sub-article (4) thereof there shall be

inserted the following new sub-articles

“(4A) The boundaries of electoral divisions for the

purpose of any general elections to be held after the dissolution

of Parliament after the 1st of September 2007 shall be those

boundaries as existing on that date with such adjustments

made in accordance with the provisions of the proviso to sub-

article (4B) of this article as may be necessary in order that

the electoral divisions for those elections shall comply with

the provisions of the second proviso of sub-article (4) of this

article and of article 61A of this Constitution.

(4B) Notwithstanding the provisions of sub-article (1)

of this article, the Electoral Commission shall not review the

boundaries of the electoral divisions as existing on the 1st of

September 2007 except until after the general elections to be

held immediately after the dissolution of Parliament

immediately after that date which review shall take place at

such intervals from the date of the publication of the official

result of those elections as provided in sub-article (1) of this

article or as otherwise required by the provisions of the same

sub-article

Provided that the Electoral Commission shall by the 30th

September 2007 review the boundaries of the electoral

divisions to the extent necessary, and only to such extent, to

make such adjustments to the said boundaries in order that

the electoral divisions for the purpose of those elections shall

comply with the provisions of sub-article (4) of this article<

and these adjustments sha;;, notwithstanding any other

provision of this article, come into force upon the publication

of the register as correct on the 30th September, 2007.”.

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

Immediately after article 61 of the Constitution there shall be

inserted the following new article

61A. (1) The following provisions of this article shall

apply if, when reviewing the boundaries of the electoral

divisions in accordance with the provisions of article 61 of

this Constitution, the Electoral Commission would, but for

the provisions of the second proviso of sub-article (4) of the

the Island of

same article, have had to divide the Island of Gozo and the

islands of the Maltese Archipelago other than the Island of

Malta, or any part thereof, between two or more electoral

divisions.

(2) The Electoral Commission shall

(a) establish the Island of Gozo together with the

islands of the Maltese Archipelago other than the Island

of Malta as one electoral division< and

(b) apply the provisions of sub-articles (4) and

(5) of article 61 of this Constitution only with reference

to the voters and divisions on the Island of Malta without

including in its calculations the division consisting of

Gozo and the other islands of the Maltese Archipelago

or the voters therein.

(3) For the purposes of paragraph (b) of sub-

article (2) of this article, when calculating the number of voters

in each electoral division on the Island of Malta the total

number of electoral divisions shall be the number of electoral

divisions established by article 17 of the General Elections

Act minus one.”.

“Amendment of

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

Article 52 of the Constitution shall be amended as follows

Article 52 of the

Constitution.

(a) the proviso to sub-article (1) thereof shall be substituted

by the following

“Provided that where -

(i) at any general election, a political party (hereinafter

referred to in this article as the “absolute majority party”)

obtains in the aggregate more than fifty per centum of all the

valid votes cast at that election, as credited to its candidates

by the Electoral Commission at the first count of all the votes;

or

(ii) at a general election which is contested by more

than two political parties and in which only candidates of

two of such parties are elected, a political party obtains a

percentage of all the valid votes cast at such election, as

credited to its candidates by the Electoral Commission at the

first count of all the votes (hereinafter also referred to in this

article as the “relative majority party”), which is greater than

that obtained by any one other party (hereinafter referred to

in this article as the “minority party”),

and the proportion which the number of the elected candidates

credited to the absolute majority party or to the relative

majority party (as the case may be) represents in relation to

the total number of elected members of the House of

Representatives is less than the proportion which the number

of votes credited to such candidates at the first count of all

the votes represents in relation to the total of the votes credited

at the same first count of all the votes to all the candidates of

all the parties electing candidates, the number of the elected

candidates of such party shall be increased (as the case may

be) by a number of additional candidates in the circumstances

as determined by and in accordance with the provisions of

Part IV of the General Elections (Sorting of Ballot Papers,

Casual Elections and Co-opting) Regulations 1991 in the

Thirteenth Schedule to the General Elections Act and the

Annex to such Schedule (hereinafter referred to as “the

relevant regulations”) as in force on 30th September 2007 or

as subsequently amended or substituted in the manner

provided in sub-article (3)

Provided further that

(i) in the eventuality of an election result as provided

for in sub-paragraph (i) of the first proviso to this sub-

article but provided there is only one minority party; or

(ii) in the eventuality of an election result as

provided for in sub-paragraph (ii) of the first proviso to

this sub-article

and the proportion which the number of elected candidates

credited to the minority party represents in relation to the total

number of elected members of the House of Representatives

is less than the proportion which the number of votes credited

to all its candidates at the first count of all the votes represents

in relation to the total of the votes credited at the same first

count of all the votes to all the candidates of all the parties

electing candidates, the number of the elected candidates of

the minority party shall be increased by a number of additional

candidates as determined by the relevant regulations as in

force on 30th September 2007 or as subsequently amended

or substituted in the manner provided in sub-article (3).

In any case as forseen in the first and second proviso to

this sub-article, such persons shall be declared by the Electoral

Commission to be elected to fill the additional seats created

by the said provisos who, being candidates of the party which

is to be credited with the additional seats, were credited by

the Electoral Commission at the last count with the highest

or next higher number of votes without being elected,

irrespective of the division in which such highest or higher

number of votes occurs.”;

(b) immediately after sub-article (2) thereof there shall be

inserted the following new sub-article

“(3) The provisions of Part IV of the General Elections

(Sorting of Ballot Papers, Casual Elections and Co-opting)

Regulations, 1991 in the Thirteenth Schedule to the General

Elections Act and the Annex to such Schedule, as in force on

the coming into force of this sub-article may only be deleted,

amended or substituted by a bill for an Act of Parliament

passed in the manner specified in sub-article (2) of article 66

of this Constitution.”.

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

In sub-paragraph (f) of sub-article (1) of article 54 of the Amendment

article 54 of the

Constitution for the words “imposed on him by such a court, or is under Constitution.

such a sentence of imprisonment the execution of which has been

suspended;” there shall be substituted the words “imposed on him by

such a court;”.

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

Immediately after the proviso to paragraph (b) of sub-article Amendment

article 56 of the

(10) of article 56 there shall be inserted the following new proviso to Constitution.

the said sub-article (10)

“Provided that where a person is by reason of blindness unable

to mark on his ballot paper, provision may be made by law requiring

that at the request of any such person adequate and special means

are to be provided which will enable that person to mark on his

ballot paper independently and without the need of assistance.”.

Amendment of the

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

The General Elections Act shall be amended as follows

General

Elections Act.

(a) Article 49 thereof shall be amended as follows

(i) sub-article (1) thereof shall be substituted by the

following

“(1) The Commission shall, not earlier than

thirteen days but not later than ten days before the poll,

print such number of ballot papers as may be necessary

for the poll in such form and on such material as may be

prescribed under this Act. Not later than five days from

the printing of the ballot papers, the Commission shall

produce a Braille template for use as a guide on the ballot

paper as well as a playback listening device by which a

blind person may recognize the political parties and their

candidates in the same manner as they are printed. Such

materials shall be available for reasonable scrutiny by

the representatives of the political parties contesting the

poll to ascertain the transparency of the procedure, which

scrutiny shall be exercised not later than three days before

the poll. Should no objection be raised the materials shall

be deemed to have been approved by the Commission

Provided that any objection raised by any political

party representative shall be decided by the Commission

within twenty four hours of it being raised and should

the objection be accepted by the Commission any

alteration or amendment to the material shall be made

within twenty four hours of the decision of the

Commission and communicated to the political party

representatives.

(ii) in sub-article (2) thereof for the words “may

not be duplicated.” there shall be substituted the words

“may not be duplicated and not later than two days prior

to the commencement of the voting, the Commission

shall cause to be published in the Government Gazette

the number of ballot papers printed for each electoral

division and the number to be distributed to each

individual polling booth.”;

(b) immediately after the proviso to sub-article (1) of article

72 thereof there shall be added the following new proviso

“Provided further that a person who is unable to vote

independently by reason of blindness may either request an

Assistant Commissioner to mark the ballot paper on his behalf

indicating for which candidate or candidates he wishes to vote

and the order in which he wishes to record his vote, or request

the provision of a Braille template as well as a playback

listening device as approved under the provisions of sub-

article (1) of article 49.”;

(c) immediately after regulation 22 of the General Elections

(Sorting of Ballot Papers, Casual Elections and Co-opting)

Regulations, 1991 in the Thirteenth Schedule thereof there shall

be added the following new Part, regulations and annex

“PART IV

Article 52 of the Constitution

Malta Government Gazette — Act 2007 21 — ACT No. XXI of 2007 AN ACT to further amend the Constitution BE IT ENACTED by the President, by an with the advice and consent of the House of Representatives, in the present Parliament assembled and by the authority of the same, as follows:-

For the purpose of electing the additional members, if any,

required in terms of sub-paragraphs (i) and (ii) of the first proviso to

sub-article (1) of article 52 of the Constitution and of sub-paragraphs

(i) and (ii) of the second proviso to the same sub-article, the Commission

shall

(1) establish the total valid votes credited at first count to

each of the parties that has elected members to the House of

Representatives;

(2) establish the number of members elected to the House

of Representatives by each of the parties;

(3) for the purpose of sub-paragraph (i) of the first proviso

to sub-article (1) of article 52 of the Constitution, when there is

more than one party that has obtained less than fifty per centum of

all the valid votes cast at first count at that election (hereinafter

referred to as the “minority party”) the Electoral Commission shall

add together the totals of sub-regulations (1) and (2) of this

regulation for all the minority parties so that, for the purposes of

that sub-paragraph, there is effectively one minority party;

(4) for each party, divide the number arrived at in pursuance

of sub-paragraph (1) by the number arrived at in pursuance of sub-

paragraph (2) obtaining the average vote per seat for each party,

disregarding any remainders;

(5) adopting the lowest average vote per seat obtained in

terms of sub-paragraph (4) as the benchmark, hereinafter referred

to as the “low average”, divide the number of first count votes

credited to the party with a higher average, hereinafter referred to

as the “disadvantaged party” by the low average to obtain the total

number of members of the House of Representatives that should

be credited to the disadvantaged party;

(6) the result obtained by subtracting the number of

members elected to the House of Representatives by the

disadvantaged party from the number of total members obtained

by that party at sub-paragraph (5) above shall be the additional

number of members of the House of Representatives that are to be

declared elected in terms of the Constitution;

(7) the total composition of the House of Representatives

shall be such number of seats as is established in sub-paragraph

(6) of this paragraph provided that if the total number of seats

includes a remainder that remainder shall be eliminated by

increasing or decreasing the number of seats to the nearest odd

number.

Annex to the Thirteenth Schedule

Art.52 of the Constitution

Regulation 23 of the

General Elections (Sorting of Ballot Papers,

Casual Elections and Co-Opting) Regulations 1991

Examples for calculating additional Members of

Parliament in terms of article 52 of the Constitution

1. Examples in terms of sub-paragraph (i) of the

first proviso to sub-article (1) of article 52 of the

Constitution

Example A – when only two parties elect members and

the party with an absolute majority of votes elects a

minority of members

Party A is credited with 150,000 valid first count votes and

elects 30 members

Party B is credited with 140,000 valid first count votes and

elects 35 members

Party C is credited with 5,000 valid first count votes and elects

no members

1. Once all counts have been terminated in terms of

these regulations and all 65 members have been declared

elected, the Electoral Commission establishes that Party A

has more than 50% of all valid first count votes (150,000

versus 145,000) BUT has a minority of elected members (30

versus 35 of Party B);

2. Since Party C has not elected candidates, the first

count votes credited to its candidates are eliminated from all

subsequent calculations;

3. Party A has a right to increase the number of its

candidates to be declared elected so that, in percentage terms,

the same proportion used for Party B when electing its own

members is also used for Party A;

4. To establish that proportion, the Commission

proceeds to determine the average number of votes used by

each of the parties to elect each of its candidates and it does

so by dividing the total number of votes credited at first count

to all the candidates of each party that has elected candidates,

by the number of candidates declared elected on behalf of

that party, disregarding any remainders, so in this example

• Party A

–

150,000/30

= 5,000

• Party B

–

140,000/35

= 4,000

5. The Commission adopts the lowest number so

obtained (4000) as the average votes per seat to be applied

for determining the final number of elected candidates to be

credited to Party A and arrives at the total number by dividing

the total first count votes credited to all its candidates

(150,000) by the resultant lowest average votes per seat

(4000), which result will represent the total number of

candidates that are to be elected by the Party A

• Party A

–

150,000/4000

= 37.5

6. From the result so obtained, representing the total

number of candidates that are to be declared elected for Party

A (37.5), the Commission deducts the number of candidates

of that Party already declared elected (30) and the result

thereof (7.5) represents the additional number of members

that are to be declared elected on behalf of Party A

7. The total number of seats credited to Party A (37.5

seats) plus the total number of seats credited to Party B (35

seats) gives a total of 72.5 seats and since the total number of

seats according to the Constitution has to be odd the total

number of seats becomes 73 which is the nearest odd number

to the total seats (72.5 seats) and the last seat assigned to the

Party with the highest remainder, which in this case is Party

A (Party A = 37.5 seats, Party B = 35 seats).

8. The final result would therefore be: Party A 38 seats

and Party B 35 for a House of Representatives with 73 seats

Example B - when only two parties elect members and

the party with an absolute majority of votes elects an

absolute majority of members which is not proportionate

to the share of the votes obtained by that party

Party A is credited with 160,000 valid first count votes and

elects 33 members

Party B is credited with 140,000 valid first count votes and

elects 32 members

Party C is credited with 5,000 valid first count votes and elects

no members

1. Once all counts have been terminated in terms of

these regulations and all 65 members have been declared

elected, the Electoral Commission establishes that Party A

has more than 50% of all valid first count votes (160,000

versus 145,000);

2. Since Party C has not elected candidates, the first

count votes credited to its candidates are eliminated from all

subsequent calculations;

3. Party A has a right to increase the number of its

candidates to be declared elected so that, in percentage terms,

the same proportion used for Party B when electing its own

members is also used for Party A;

4. To establish that proportion, the Commission

proceeds to determine the average number of votes used by

each of the parties to elect each of its candidates and it does

so by dividing the total number of votes credited at first count

to all the candidates of each party that has elected candidates,

by the number of candidates declared elected on behalf of

that party, disregarding any remainders, so in this example

• Party A

–

160,000/33

= 4,848

• Party B

–

140,000/32

= 4,375

5. The Commission adopts the lowest number so

obtained (4375) as the average votes per seat to be applied

for determining the final number of elected candidates to be

credited to Party A and arrives at the total number by dividing

the total first count votes credited to all its candidates

(160,000) by the resultant lowest average votes per seat

(4375), which result will represent the total number of

candidates that are to be elected by the Party A

• Party A

–

160,000/4375

= 36.57

6. From the result so obtained, representing the total

number of candidates that are to be declared elected for Party

A (36.57), the Commission deducts the number of candidates

of that Party already declared elected (33) and the result

thereof (4.75) represents the additional number of members

that are to be declared elected on behalf of Party A.

7. The total number of seats credited to Party A (36.57

seats) plus the total number of seats credited to Party B (32

seats) gives a total of 68.57 seats and since the total number

of seats according to the Constitution has to be odd the total

number of seats becomes 69 which is the nearest odd number

to the total seats (68.57 seats) and the last seat assigned to the

Party with the highest remainder, which in this case is Party

A (Party A = 36.57 seats, Party B = 32 seats).

8. The final result would therefore be: Party A 37 seats

and Party B 32 for a House of Representatives with 69 seats.

Example C – when three (or more) parties elect members

Party A is credited with 150,000 valid first count votes and

elects 29 members

Party B is credited with 140,000 valid first count votes and

elects 35 members

Party C is credited with 5,000 valid first count votes and elects

1 member

1. Once all counts have been terminated in terms of

these regulations and all 65 members have been declared

elected, the Electoral Commission establishes that Party A

has more than 50% of all valid first count votes (150,000

versus 140,000) BUT has a minority of elected members (29

versus 36 of Party B + Party C);

2. Party A has a right to increase the number of its

candidates to be declared elected and, in doing so, the same

proportion of votes used to elect members is to be used for all

parties;

3. Since there are more than one minority parties, the

Commission adds together the total first count votes of both

minority parties (140,000 + 5,000 = 145,000) as well as the

seats obtained by both of them (35 + 1 = 36) and considers

them as one minority party.

4. To establish the proportion provided for in sub-

regulation 2, the Commission proceeds to determine the

average number of votes used by each of the parties to elect

each of its candidates and it does so by dividing the total

number of votes credited at first count to all the candidates of

each party that has elected candidates, by the number of

candidates declared elected on behalf of that party,

disregarding any remainders, so in this example

• Party A

–

150,000/29

= 5172

• Party B + C

–

145,000/36

= 4027

5. The Commission adopts the lowest number so

obtained (4027) as the average votes per seat to be applied to

determine the final number of elected candidates to be credited

to Party A and arrives at the total number by dividing the

total first count votes credited to all the candidates of Party A

(150,000) by the resultant lowest average votes per seat

(4027), which result will represent the total number of

candidates that are to be elected by the Party A

• Party A

–

150,000/4027

= 37.2

6. From the result so obtained, representing the total

number of candidates that are to be declared elected for Party

A (37.2), the Commission deducts the number of candidates

of Party A already declared elected (29) and the result thereof

(8.2) represents the additional number of members that are to

be declared elected on behalf of Party A.

7. The total number of seats credited to Party A (37.2)

seats plus the total number of seats credited to Party B (35)

and those credited to Party C (1) gives a total of 73.2 seats

and since the total number of seats has, according to the

Constitution, to be odd the total number of seats is reduced to

73 which is the nearest odd number to the total seats (73.2

seats).

8. The final result would therefore be: Party A 37 seats,

Party B 35 and Party C 1 seat for a House of Representatives

with 73 seats

Example D - When three or more parties elect members

and the party with an absolute majority of votes elects an

absolute majority of members which is not proportionate

to the share of the votes obtained by that party

Party A is credited with 160,000 valid first count votes and

elects 33 members

Party B is credited with 140,000 valid first count votes and

elects 31 members

Party C is credited with 5,000 valid first count votes and elects

1 member

1. Once all counts have been terminated in terms of

these regulations and all 65 members have been declared

elected, the Electoral Commission establishes that Party A

has more than 50% of all valid first count votes (160,000

versus 145,000);

2. Party A has a right to increase the number of its

candidates to be declared elected and, in doing so, the same

proportion of votes used to elect members is to be used for all

parties;

3. Since there are more than one minority parties, the

Commission adds together the total first count votes of both

minority parties (140,000 + 5,000 = 145,000) as well as the

seats obtained by both of them (31 + 1 = 32) and considers

them as one minority party.

4. To establish the proportion provided for in sub-

regulation 2, the Commission proceeds to determine the

average number of votes used by each of the parties to elect

each of its candidates and it does so by dividing the total

number of votes credited at first count to all the candidates of

each party that has elected candidates, by the number of

candidates declared elected on behalf of that party,

disregarding any remainders, so in this example

• Party A

–

160,000/33 = 4848

• Party B + C

– 145,000/32 = 4531

5. The Commission adopts the lowest number so

obtained (4531) as the average votes per seat to be applied to

determine the final number of elected candidates to be credited

to Party A and arrives at the total number by dividing the

total first count votes credited to all the candidates of Party A

(160,000) by the resultant lowest average votes per seat

(4531), which result will represent the total number of

candidates that are to be elected by Party A

• Party A

–

160,000/4531

= 35.31

6. From the result so obtained, representing the total

number of candidates that are to be declared elected for Party

A (35.3), the Commission deducts the number of candidates

of Party A already declared elected (33) and the result thereof

(2.3) represents the additional number of members that are to

be declared elected on behalf of Party A

7. The total number of seats credited to Party A (35.31)

seats plus the total number of seats credited to Party B (31)

and those credited to Party C (1) gives a total of 67.31 seats

and since the total number of seats has, according to the

Constitution, to be odd the total number of seats is reduced to

67 which is the nearest odd number to the total seats

(67.31seats).

8. The final result would therefore be: Party A 35 seats,

Party B 31 and Party C 1 seat for a House of Representatives

with 67 seats

2. Example in terms of sub-paragraph (ii) of the

first proviso to sub-article (1) of article 52 of the

Constitution

Example 1A above will apply but the votes of Party C at first

count would be taken at 15,000 and it would still not elect

any candidate.

3. Example in terms of sub-paragraph (i) of the second

proviso to sub-article (1) of article 52 of the Constitution

Party A is credited with 150,000 valid first count votes and

elects 35 members

Party B is credited with 140,000 valid first count votes and

elects 30 members

Party C is credited with 5,000 valid first count votes and

elects no members

1. Once all counts have been terminated in terms of

these regulations and all 65 members have been declared

elected, the Electoral Commission establishes that Party A

has more than 50% of all valid first count votes (150,000

versus 145,000);

2. Since Party C has not elected candidates, the first

count votes credited to its candidates are eliminated from all

consequent calculations;

3. The Commission proceeds to establish whether Party

B has a disproportionately lower share of seats by establishing

the average number of votes used by each of the parties to

elect each of its candidates and it does so by dividing the

total number of votes credited at first count to all the candidates

of each party that has elected candidates, by the number of

candidates declared elected on behalf of that party,

disregarding any remainders, so that in this example

• Party A

–

150,000/35

= 4,285

• Party B

–

140,000/30

= 4,666

4. Party B has a right to increase the number of its

candidates to be declared elected so that, in percentage terms,

the same proportion is used for Party B when electing its own

members as is also used for Party A;

5. The Commission adopts the lowest number so

obtained (4285) as the average votes per seat to be applied

for determining the final number of elected candidates to be

credited to Party B and arrives at the total number by dividing

the total first count votes credited to all its candidates

(140,000) by the resultant lowest average votes per seat

(4285), which result will represent the total number of

candidates that are to be elected by the Party A

• Party A

–

140,000/4285

= 32.6

6. From the result so obtained, representing the total

number of candidates that are to be declared elected for Party

B (32.6), the Commission deducts the number of its candidates

already declared elected (30) and the result thereof (2.6)

represents the additional number of members that are to be

declared elected on behalf of Party B.

7. The total number of seats credited to Party A (35)

seats plus the total number of seats credited to Party B (32.6)

gives a total of 67.6 seats and since the total number of seats

has, according to the Constitution, to be odd the total number

of seats is reduced to 67 which is the nearest odd number to

the total seats (67.6).

8. The final result would therefore be: Party A 35 seats

and Party B 32 for a House of Representatives with 67 seats.

4. Example in terms of sub-paragraph (ii) of the second

proviso to sub-article (1) of article 52 of the Constitution

Example 3 above will apply but the votes of Party C at first count

would be taken at 15,000 and it would still not elect any candidate.

8. The Local Councils (Elections) Regulations, 1993 in the Third Amendment

Local Councils Act.

Schedule to the Local Councils Act shall be amended as follows

(a) Regulation 20 thereof shall be amended as follows

(i)

immediately after sub-paragraph (1) thereof there

shall be added the following new sub-paragraph

“(1A) The Commission shall not earlier than

thirteen days but not later than ten days before the poll

print such number of ballot papers as may be necessary

for the poll in such form and on such material as may be

provided for in this Act. Not later than five days from

the printing of the ballot papers, the Commission shall

produce a Braille template for use as a guide on the ballot

paper as well as a playback listening device, by which a

blind person may recognize the political parties and their

candidates in the same manner as they are printed, and

such documents and materials shall be available for

reasonable scrutiny by the representatives of the political

parties contesting the poll to ascertain the transparency

of the procedure, which scrutiny shall be exercised not

later than three days before the poll. Should no objection

be raised the materials shall be deemed to have been

approved by the Commission

Provided that any objection raised by the political party

representatives shall be decided upon by the Commission

within twenty four hours of it being raised and should the

objection be accepted by the Commission any alteration or

amendment to the materials shall be made within twenty four

hours of the decision of the Commission and communicated

to the political party representatives.”;

(ii)

in sub-paragraph (2) thereof for the words “that

they may not be duplicated”, there shall be substituted the

words “that they may not be duplicated, and not later than

two days prior to the commencement of the voting, the

Commission shall cause to be published in the Government

Gazette the number of ballot papers printed for each electoral

division and the number to be distributed to each individual

polling booth”;

(b) immediately after the first proviso to sub-paragraph (i)

of Regulation 41 thereof there shall be added the following new

proviso

“Provided further that a person who is unable to vote

independently by reason of blindness may either request an

Assistant Commissioner to mark the paper on his behalf

indicating for which candidate or candidates he wishes to vote

and the order in which he wishes to record his vote or request

the provision of a Braille template as well as a playback

listening device as approved under the provision of Regulation

20 (1A).”.

Passed by the House of Representatives at Sitting No. 556 of 26th September,

2007. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →