[4] Establishment of investigation committees
At the central level, a separate investigation committee shall be appointed to
investigate a case and the central dispute resolution body shall give the ruling
after the hearing process. At the district level, the district dispute resolution body
may investigate cases and give a ruling on the matter by itself or give the ruling
after investigations by a separate investigation committee appointed by it.
[5] More regulation on hearings
The regulations governing the hearings have been improved. They include
three days advance notice of hearings, and the right of concerned parties to
be represented and to present evidence, as well as rules for the dismissal
of a case if a representative does not attend the hearing. There may only
be a maximum of two hearings before a decision must be made.
[6] Better guidance for decision-making
The rules have been revised to provide for penalties, such as fines, public
reprimands, cancellation of candidacies, nullification of results, detention of
offenders and deregistration of political parties, which guide the decision
making of both the central and the district EDRBs and in particular ensure a
certain level of uniformity in the decisions of the different district bodies.
[7] Summary decisions enabled
If no real legal dispute exists a case may be summarily decided without
further investigation. This may only be done after a hearing when either
there is no dispute about the material facts of the case or there is a dispute
about the facts but there is enough evidence to decide the case.
[8] Better provision for final and binding decisions
Processes for appeals and submission deadlines are more clearly defined.
For instance, an appeal to the central EDRB must be launched within five
days. If no appeal has been submitted within this time frame the original
decision by the district EDRB shall be final and binding.
[9] Time limits for considering cases
The central EDRB must take a final decision on an election complaint received
by it no later than seven days before the polling day. The district EDRB must
take a final decision on an election complaint received by it or referred to it no
later than ten days before the polling day. This is designed to allow for adequate
time for an appeal to be lodged. The Election Commission is responsible for
adjudicating any complaints received after these deadlines.
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4. EDR mechanisms
(cont.)