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ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 233 Injunctions

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 233

PART 10 - Miscellaneous Injunctions

(1)  If a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of this Act, the Supreme Court may, on the application of –
(a) the Commission; or
(b) any person whose interests have been, are or would be affected by the conduct –
grant an injunction restraining the first-mentioned person from engaging in the conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing.
(2)  If a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that he or she is required by this Act to do, the Supreme Court may, on the application of –
(a) the Commission; or
(b) a person whose interests have been, are or would be affected by the refusal or failure to do that act or thing –
grant an injunction requiring the first-mentioned person to do that act or thing.
(3)  If an application is made to the Supreme Court for an injunction under subsection (1) , the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in subsection (1) pending the determination of the application.
(4)  The Court may rescind or vary an injunction or interim injunction granted under subsection (1) , (2) or (3) .
(5)  If an application is made to the Supreme Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the Court to grant the injunction may be exercised –
(a) if the Court is satisfied that the person has engaged in conduct of that kind, whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the Court that, in the event that an injunction is not granted, it is likely the person will engage in conduct of that kind, whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.
(6)  If an application is made to the Supreme Court for the grant of an injunction requiring a person to do a particular act or thing, the power of the Court to grant the injunction may be exercised –
(a) if the Court is satisfied that the person has refused or failed to do that act or thing, whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
(b) if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing, whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.
(7)  If the Commission makes an application to the Supreme Court for the grant of an injunction under this section, the Court is not to require the Commission or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages.
(8)  If the Supreme Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.