Powers of the Court

Current

(1)

The

Court must sit as an open court, and its powers include the following:

(a)

to adjourn;

(b)

to compel the attendance of witnesses and the production of documents;

(c)

to examine witnesses on oath, affirmation or declaration;

(d)

with the consent of the parties to the proceedings, to receive evidence on affidavit or by statutory declaration;

(e)

subject to this Act and the rules, to determine its procedure in each case;

(f)

to declare—

(i)

that a person who was returned as elected was not duly elected; and

(ii)

that a candidate who was not returned as elected was duly elected;

(g)

to declare an election void;

(h)

to dismiss or uphold a petition, in whole or in part;

(i)

to amend or allow the amendment of a petition or reply;

(j)

to punish contempt of its authority by fine or imprisonment.

(2)

The

Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.

(3)

The

Court is not bound by the rules of evidence.

(4)

The

Court must act according to good conscience and the substantial merits of the case without regard to legal technicalities.

(5)

A decision of the Court is final and without appeal.

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