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toubab1020
12306 Posts |
 Posted - 09 Sep 2013 : 16:48:09
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Expelled from the APRC, "......conducted himself in a manner that runs contrary to the rules of the APRC,..........."
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"This is not the first time the APRC has expelled its National Assembly members."
I wonder what he has done ?
http://thepoint.gm/africa/gambia/article/kiang-west-nam-arrested-after-aprc-expulsion
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12306 Posts |
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toubab1020
12306 Posts |
Posted - 25 Sep 2013 : 23:29:51
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This is again quite interesting,come on politicos tell us what you think:
UNDERSTANDING SECTION 91 SUBSECTION (1)(d) OF THE CONSTITUTION
Published on Wednesday, 25 September 2013 18:06 | Written by Ousman Njie
BY ELECTION TO TAKE PLACE IN KIANG WEST DUE TO DISMISSAL OF MP BY PARTY
In the past, members of parliament elected under the ticket of a given party used to leave the party and join the ruling party without losing a seat. This was called cross carpeting. To remedy the situation, Section 91 Subsection (1)(d) was introduced in the Constitution of the Second Republic. It reads:
A member of the National Assembly shall vacate his or her seat in the National Assemblyif 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.
Now , political parties , especially the ruling party has been dismissing members of the National Assembly from the party, the consequence of which has been their removal from the National Assembly for ceasing to be a member of the party under whose ticket they were elected. It is very strange that this is becoming a common occurrence. This however should not be the case. In short, every party member should know the provisions of the Constitution of the party . Section 60 Subsection 2b categorically states that :
A member of the National Assembly shall vacate his or her seat in the National Assembly 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.
Hence, any dismissal of a person from a party must be based on democratic rules and procedures and such dismissals could be challenged in court. An MP is not only a party member but the representative of a people in a constituency. Hence his or her dismissal from a party should not be an ordinary affair. Section 92 did provide for the enactment of a law to enable the people to recall their representatives should they be dissatisfied with their performance. However the enabling act has not been enacted to make this a possibility.
The provision reads:
An Act of National Assembly may make provision for the recall of an elected member of the National Assembly. Such an Act shall- (a) require that a petition for recall shall be supported by at least one-third of the registered voters in the constituency and (b) prescribe the grounds for recall and the powers of, and procedures to be adopted by, the IEC on receipt of such a petition.
There is need to revisit section 91 Subsection (1)(d) to prevent it from being used for purposes that was not intended in the first place. As it stands, any President who has firm grip of a party could have firm grip of a Parliament if the members of his or her party are in the majority in the National Assembly. The only way he or she could be deprived of such powers is to have a party that is not under his or her grip or the people elect other party members to be in the majority. A proviso should be added that if a National assembly member is dismissed by his or her party, he or she automatically becomes an Independent member unless recalled by the constituency.
http://www.foroyaa.gm/editorial/14226-understanding-section-91-subsection-1-d-of-the-constitution
quote:
Originally posted by toubab1020
Expelled from the APRC, "......conducted himself in a manner that runs contrary to the rules of the APRC,..........."
&
"This is not the first time the APRC has expelled its National Assembly members."
I wonder what he has done ?
http://thepoint.gm/africa/gambia/article/kiang-west-nam-arrested-after-aprc-expulsion
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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