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Momodou
Denmark
11738 Posts |
 Posted - 11 Aug 2006 : 16:43:48
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ANOTHER EVIDENCE OF IEC'S DISREGARD OF THE CONSTITUTION IN DETERMINING THE DATE FOR PRESIDENTIAL ELECTION
Section 43(1)(d) states that subject to the provisions of the constitution the Independent Electoral Commission shall be responsible for ensuring that the dates, times and places of public elections and referenda are determined in accordance with law and that they are publicized and elections held accordingly.
This means that a competent Independent Electoral Commission should know the letter and spirit of the Constitution and should perform their duties in line with its provisions. FOROYAA has always maintained that September 22 falls short of the constitutional requirements to hold a presidential election.
The most glaring confirmation of FOROYAA's view is the Bill published to amend the Constitution which was also amended in 2001. Section 63(2) states that "The person elected President shall assume office sixty days following the day of his or her election..." Needless to say, since the term of office of a President lasts for five years President Jammeh's term ends on 18th December 2006. If the president elected on 22nd September is to assume office under the Constitution he/she would have to do so on 22nd November 2006, a month before the end of term of office of the President.
This is why the state is trying to amend section 63(2). In the object of the amendment the Executive states that the Bill seeks to amend section 63(2) of the Constitution of the Republic of The Gambia, which duly restricts the date for a presidential election by providing that an elected president shall assume office sixty days following the day of his or her election." The implication of that provision is that the election must be fixed on a particular day that satisfies both the sixty days requirement and the expiration of the term of office of the President." These are the very words of the Executive. It is clear to them that to meet the constitutional requirement the election must take place two months before the expiration of the term of office of the President. Why did the IEC put the date to 22 September 2006?
We hope the IEC will now review all the decisions they have taken, engage the Inter-Party Committee in discussion and seek proper legal advice in determining new dates for elections.
In our view to leave an incumbent to stay in office for three months after he/she has lost an election does not make democratic sense. What is logical is to hold elections two days before the expiration of the term of office of the incumbent so that whoever wins an election will assume office the following day after the announcement of the results. The constitutional amendments should have been geared towards such a development.
Source:Foroyaa Newspaper Burning Issue
Issue No.64/2006, 11-13 August, 2006
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