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GENERAL REPORT ON THE CONDUCT OF THE PRESIDENTIAL ELECTION OF 11 OCTOBER 2004                             A REPORT ON THE TRANING OF VOTER OFFICIALS AND INFORMATION SHARING ON THE REGISTRATION PROCESS IN CAMEROON
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No person shall be entitled to stand for municipal elections if he/she is not actually residing within the area of the council concerned. 

However, persons not residing within the area of the council concerned may stand for municipal elections if they have a place of abode therein.

 The seat of a municipal councillor shall automatically become vacant if, after the proclamation of the results of election, it is established that such councillor was ineligible or if during his term of office, he/she is no longer eligible for membership under the conditions laid down in this law.

The seat of a municipal councillor who, during his term of office, either ceases to satisfy the conditions for eligibility provided for under this law, resigns or is expelled from his party, shall likewise automatically become vacant.

The vacancy of a municipal councillor's seat shall, after it is established by the Mayor, be submitted for deliberation by the municipal council and approved by the supervisory authority

 

The office of Governor, Secretary General of a Province, Senior Divisional Officer, Sub divisional Officer, District Head or Assistant District Head shall be incompatible during the tenure of such office with the office of municipal councillor within the administrative unit of their jurisdiction.

The office of municipal councillor shall likewise be incompatible with the following positions held in the same area of jurisdiction : police officer, gendarme, serviceman, prison administration officer, and all such persons ; secretary general of a council, municipal revenue collector and municipal service head; municipal councillor having automatically resigned under conditions laid down in this law ; magistrate ; Government Delegate and Deputy Delegate to a city council.

A municipal councillor who, subsequent to election, becomes ineligible for office as provided in this law, shall have to choose between his municipal office and his new office. Where no choice is made known within fifteen days, he/she shall be automatically considered to have resigned under the conditions laid down in the law organizing councils.

 

No candidate shall be allowed to injure the honour or reputation of another candidate by any means whatever in any place open to the public, or by any procedure intended to reach the public by imputations, direct or indirect, of facts which he/she is unable to prove.

 Without prejudice to criminal proceedings which may be instituted against the offender and or his accessories, the person defamed may submit a petition to the Local Supervisory Commission which must decide thereon within 3 (three) days of its being seised.

It may, in the absence of proof of the truth of the imputation, declare the candidate who made the defamatory imputation disqualified.

Notwithstanding the foregoing, in the case where such candidate is elected before the Local Supervisory Commission gives a decision on the matter, the decision so given shall be submitted by the Senior Divisional Officer, within ten (10) days following the proclamation of the results, to the competent administrative court for the subsequent disqualification of the candidate elected.

A ruling shall he/she taken on the appeals within sixty (60) days from when such appeals were lodged with the administrative court.

Notwithstanding the foregoing, in the case where such candidate is elected before the Local Supervisory Commission gives a decision on the matter, the decision so given shall be submitted by the Senior Divisional Officer to the competent administrative court for the subsequent disqualification of the candidate elected.

 

 

 

 

Lists of candidates shall, not later than 40 (forty) days before the day of election and before normal office closing hours, be made out in a nomination paper in three copies bearing the legalized signature of candidates. Such nomination paper shall be submitted to the competent Subdivisional Officer against a receipt.

(The nomination paper shall contain the following particulars :

(a)    The full name, date and place of birth, filiation, occupation and residence of candidates ;

(b)   The name of the list and the political party sponsoring it ;

(c)    The symbol selected for the purpose of printing ballot papers or of identifying the party;

(d)   The name of the representative, whether he/she is a candidate or not, and the address of his residence.

 

The nomination paper referred to in this law shall include for each candidate :

-     a copy of his birth certificate, not more than 3 (three) months old ;

-     a criminal record, (Bulletin No. 3), not more than 3(three) months old ;

-     a declaration by which he/she testifies, on his honour, that his name appears only on that list and that he/she is not the object of any of the disqualifications provided for by this law

-     a tax certificate.

The nomination paper shall also include an attestation by which the political party puts up the person concerned as a candidate.

 

The Senior Divisional Officer shall, within a maximum period Of 7 (seven) days, ensure that the list is in conformity with the provisions of this law and shall accept or reject it.

Where it is rejected, the Senior Divisional Officer shall, within the same time-limit, state reasons for his decision, inform the representative thereof and forward the file to the competent supervisory commission.

Within twenty-four hours following the acceptance of the nomination papers, the representative of the candidate(s) shall pay a deposit Of 25,000 (twenty-five thousand) francs per candidate into the Treasury.

The deposit shall be returned to each candidate who is elected or to those candidates whose list has polled at least 5% (five per cent) of the votes cast in the constituency concerned ; otherwise, the deposit shall be forfeited to the State.

The Chairman of the Council Supervisory Commission shall, within 2 (two) days following the proclamation of results, issue to the representative . of each list an attestation indicating the number of votes cast for the list. The attestation shall, where applicable, represent a payment order to be presented at the Treasury.

(4) In any case, the Senior Divisional Officer shall forward the lists of candidates to the Minister in charge of Territorial Administration within a period of I0 (ten) days from the date he/she receives them.

 

The following shall be rejected:

(a)    Incomplete lists ;

(b)   Lists not containing the documents mentioned in Section I9 above ;

(c)    Lists including candidates who are not members of the party concerned.

 

No candidate may be withdrawn after the list has been submitted.

 

 The Minister in charge of Territorial Administration shall drawn up and publish the lists of candidates for election not later than 20 (twenty) days before the poll.

 

If a candidate whose name appears on a list dies or is disqualified, he/she may be replaced any time before the opening of the poll according to the procedure for the nomination of candidates.

 

The decision to accept or reject a candidature or list of candidates may be challenged by the candidate or representative of the list concerned or by the representative of any other list or any elector whose name appears on the register of electors.

 

The appeal shall be brought before the Council Supervisory Commission within a period Of 5 (five) days from the date of notification.

The Commission shall give a ruling within 3 (three) days following the notice of appeal. Such ruling shall not be appealed against.

 

 
 
 
 
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