The Judicial System
Many components of the judicial system may interact with EMB activities. EMBs may need the cooperation of police and prosecuting authorities in investigating alleged electoral offences, and need to appear before the criminal justice or administrative court systems for any resulting court action. The EMB, or its members or staff, may be subject to judicial investigation or civil litigation, and EMB administrative policies and practices may be subject to challenges in tribunals.
General openness with these bodies – including ensuring that they are well informed on all EMB activities and decisions through regular meetings, receive all EMB publications, and are invited to inspect EMB operations – can assist in maintaining a good relationship. This needs to be done in a manner that does not, and does not appear to, impinge on the independence of decision-making of either the EMB or the judicial system. Of critical importance is that the EMB is professional, accessible, and cooperative in any investigations or dealings with the wider judicial system.
Overview
