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Momodou
Denmark
11855 Posts |
 Posted - 18 Jun 2015 : 09:19:48
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QUESTIONING THE VALIDITY OF THE GROUNDS FOR HOLDING BY ELECTION IN BWIAM
16th June 2015
Chairman
Independent Electoral Commission
Bertil Harding Highway
Kanifing Layout
KMC
Dear Sir,
RE: QUESTIONING THE VALIDITY OF THE GROUNDS FOR HOLDING BY ELECTION IN BWIAM
The Central Committee of PDOIS has received the following notice from the IEC:
“PRESS RELEASE BWIAM BY-ELECTION
Following the notification from the Brikama Area Council of the expulsion of the erstwhile Councilor for Bwiam Ward Mrs Fatou Nyassi Dukureh, the INDEPENDENT ELECTORAL COMMISSION will conduct a by-election to fill the said vacant seat in the said Area Council on Thursday 23rd July 2015.
This is in accordance with Section 23 of the Local Government Act 2002; with respect to Section 19 of the same Act.”
I am directed to convey to you that there is no provision of the Constitution or the Local Government Act which links expulsion from a party with revocation of mandate as a member of a council. That applies only to National Assembly seats by virtue of Section 91(1)(d) which states among other things that:
“(1) A member of the National Assembly shall vacate his or of her seat in the National Assembly-
(d) If he or she ceases to be a member of the political party of which he or she was a member at the time of his or her election;
Provided that nothing in this paragraph shall apply on a merger of political parties at the national level where such merger is authorised by the constitutions of the parties concerned;”
The Local Government Act does not contain any such provision. Section 23 of the Local Government Act which you made reference to in your public notice simply states: “Where an elected member of a council ceases to hold office under sections 19 to 22 of this act, a by-election shall be held within two months to elect another person to replace him or her; except that where he or she ceased to hold office within six months before the end of his or her tenure of office, no by-election shall be held”.
Needless to say, Section 19 has no provision for a removal of an elected councillor through expulsion from a party.
The revocation of the original mandate of an elected councillor could only be done under section 22 which states:
“Subject to this section, the mandate of a Chairperson, Deputy Chairperson or an elected member of a council may be removed by the electorate.
(2) For the purpose of revoking the mandate of the Chairperson or an elected member of a Council, at least fifty per cent of the registered voters in the electoral area shall petition the Independent Electoral Commission for the revocation.
(3) On receipt of the petition referred to in subsection (2), the Independent Electoral Commission shall organise a referendum to decide the issue whether or not such Chairperson or member shall be recalled.”
Hence, if the by election is being held only because the councillor is expelled from the APRC, then the election is unconstitutional and unlawful and should be put to a stop.
Your urgent clarification of the grounds for the by- election is being earnestly sought.
Your cooperation should be highly appreciated.
Yours in the Service of the People,
Halifa Sallah
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11855 Posts |
Posted - 25 Jun 2015 : 21:17:34
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IEC CANCELS BWIAM COUNCIL BY-ELECTION
By Suwaibou Touray
Foroyaa: Published on June 25, 2015
The much anticipated Bwiam by election announced by the Independent Electoral Commission is now cancelled, according to the IEC Chairman Mr. Mustapha L. Carayol.
This information is contained in a Press Release from the Chairman of the Independent Electoral Commission yesterday June 24th 2015 informing the general public that the institution had done further consultation with its legal Counsel and other Legal Experts and has come to the decision that it would no longer conduct the said by-election. It expressed deep regret for any inconvenience.
In a letter to political parties, the Chairman of the Independence Electoral Commission stated its grounds for holding a by election in Bwiam as thus that: “following the notification from the Brikama Area Council of the expulsion of the erstwhile Councillor for Bwiam Ward Mrs Fatou Nyassi Dukureh, the INDEPENDENT ELECTORAL COMMISSION will conduct a by-election to fill the said vacant seat in the said Area Council on Thursday 23rd July 2015.
“This is in accordance with Section 23 of the Local Government Act 2002; with respect to Section 19 of the same Act.”
Subsequent to this announcement, the PDOIS Central Committee also issued a Press Release on 16th June 2015 which questioned the validity of the grounds for holding by election in Bwiam.
The Independent Electoral Commission has now decided not to hold the by election in Bwiam.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11855 Posts |
Posted - 25 Jun 2015 : 21:22:35
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BWIAM COUNCIL BY ELECTION TERMINATED THE INDEPENDENCE OF THE IEC IS BEING DEFENDED
Foroyaa Editorial: Published on June 25, 2015
Section 43 Subsection (3) of the Constitution states that
“In the exercise of its functions under this Constitution or any other law, the Commission shall not be subject to the direction or control of any other person or authority.”
This means that the IEC should not bow down to the dictate of anyone but the law. This decision to stop the Bwiam By election because of the lack of a lawful base to hold an election until a lawful base arises is a step in the right direction. Foroyaa will try to interview the Councillor so that she would know that she could serve as an Independent Councillor if she is no longer accommodated by the APRC.
The rule of law must prevail if democracy and the will of the people are to prevail. The IEC should not be on the side of the ruling party or the opposition. It must abide by the rule of law and the dictates of best practice.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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GROUNDS FOR HOLDING BY ELECTION IN BWIAM?
