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kobo
United Kingdom
7765 Posts |
 Posted - 11 Nov 2010 : 18:30:57
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Much has been debated on a case for coalition, alliances, merger; including cross-carpet! It appears that there are differences of opinion or lack of common consensus on The Gambia constitution for instance; as a test case NADD DEBACLE?
1.These quotes declare that; "Those who understand the ABCs of the Elections laws would understand why an alliance would have a Name, Emblem, Motto, Colour and a Constitution. Those are all instruments for the registration of a political entity to contest elections. "from related Banataba Gambian politics topic A CHALLENGE FOR UDP/UK: under http://www.gambia.dk/forums/topic.asp?TOPIC_ID=9583
2. According to UDP supporters NADD was not supposed to be registered as a political party? UDP - UK response referring to Section 60 below from UDP-U.K Final Remark on the NADD Debate under http://lawyerdarboe.blogspot.com/2010/09/udp-uk-final-remark-on-nadd-debate.html
Dictionary.com for meaning of association is helpful under http://dictionary.reference.com/browse/Association
BELOW UNDER ARE EXTRACTS OF RELEVANT PROVISIONS OF THE GAMBIA CONSTITUTION TO REVIEW & ASSESS CONSTITUTIONAL FEASIBILITY & OPTIONS AVAILABLE FOR OPPOSITION PARTIES ON FUTURE PLANS IN FORMING ANY UNITY TO CHALLENGE APRC OR DISLODGE JAMMEH FROM THE PRESIDENCY WITHOUT A KIND OF CROSS CARPET ARRANGEMENT?
THE GAMBIA CONSTITUTION - PART 7: POLITICAL PARTIES
APolitical parties 6 of 2001 60.
(1) No association, other than a political party
registered under or pursuant to an Act of the National assembly, shall sponsor candidates public elections.
(2) No association shall be registered or remain registered as a political party if-
(a) it is formed or organised on an ethnic, sectional, religious or regional basis;
(b) its internal organisation does not conform with democratic principles; or
(c) its purpose if to subvert this constitution or the rule of law.
(3) An Act of the National Assembly shall make provisions for the better implementation of this section.
BTenure of seats of 91. Of members of the National Assembly
(1) A member of the National Assembly shall vacate his or her seat in the National Assembly -
(a) on the dissolution of the National Assembly;
(b) subject to subsection
(2), if any circumstances arise which, if he or she were not a member, would cause him or her to be disqualified for election as a member or nomination as a member;
(c) if he or she resigns his or her office as member;
(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 constitution of the parties concerned;
(e) if, having been elected a member as an independent candidate, he or she joins a political party
(f) if he or she is recalled by the writing electorate in accordance with an Act of the National Assembly to give effect to section 92;
(g) if, without the permission in writing of the Speaker or reasonable cause, he or she is absent from ten or more sittings of the National Assembly during any period that the National Assembly is in session and continued to meet;
(h) if he or she is found in contempt of the National Assembly and is expelled on a resolution supported by not less than three quarters of all the members of the National Assembly.
(2) An Act of the National assembly may, in order to permit
any member who has been-
(a) sentenced to death;
(b) convicted or found guilty of any offence or subject any offence or subject to any finding to which subsection (1) of section 90 refers;
(c) adjudged to be of unsound mind; or
(d) adjudged or otherwise declared to be bankrupt, to appeal against any such decision in accordance with any law, provided that, subject to such conditions as may be specified, the decision shall not have effect for the purposes of this section until such time as may be so prescribed.
(3) The Clerk of the National assembly shall immediately
inform the Independent Electoral Commission of any
vacancy among the members of the National assembly.
I don't think all serious legal impediments for uniting parties; i.e cross-carpet or jumping to another party's band wagon has been cleared yet from debates & have to re-call this issue to seek expert legal opinion or advices on how can opposition parties unite against Jammeh/APRC in compliance with The Gambia Constitution & any protocol for elections under electoral law?
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Edited by - kobo on 11 Nov 2010 18:37:11 |
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kobo
United Kingdom
7765 Posts |
Posted - 12 Nov 2010 : 09:44:06
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I think UDP-UK got it wrong in citing Section 60 to discredit or dis-qualify registration of NADD as an alliance of political parties! They declared that Section 60 "prohibits any such venture" from arguments adduced as quoted; "The Executive Committee of the United Democratic Party [UK Chapter] has reviewed PDOIS’s Public Notice of 15th August 2010 and noticed that PDOIS didn’t disagree with our position that NADD was designed to be an alliance as per the terms of the Memorandum of Understanding [MOU] that established it. They, in fact, implicitly agreed with us in that respect by way of repeated reference to NADD as an alliance. We therefore consider that aspect of our dispute resolved. The question that now arises is this; can an alliance be registered under our electoral laws for the purpose of contesting and sponsoring candidates in public elections? The answer is a definite no. We have explained how Section 60 of the Constitution prohibits any such venture from taking place and therefore do not need to repeat that. We have also explained how NADD came to be registered as a political party. We do not need to repeat that too. People can refer to our Press Release of 31st July 2010 for background information."
THE MILLION DALASI QUESTIONS ARE;
1. CAN AN ALLIANCE BE REGISTERED UNDER OUR ELECTORAL LAWS FOR THE PURPOSE OF CONTESTING AND SPONSORING CANDIDATES IN PUBLIC ELECTIONS?
2. WHETHER NADD IS A LEGAL POLITICAL PARTY OR ILLEGAL UNDER THE GAMBIA CONSTITUTION?
3. OPPOSITION PARTIES ARE CONTEMPLATING UNITY AND IF THEY UNITE HOW CAN THEY OPERATE UNDER THE GAMBIA CONSTITUTION OR ELECTORAL LAWS OF THE GAMBIA?
Attention Nyarikangbanna for clarification on Section 60 & 91 concerning political parties; banking on your expertise on the Gambia Constitution and impressive performance addressing Gambia Speaker of National Assembly Fired under http://www.gambia.dk/forums/topic.asp?TOPIC_ID=9966&whichpage=2
NB: YOU MAY NOT TAKE THIS CHALLENGE SERIOUSLY BECAUSE OF SOME FORM OF ANIMOSITY BEING DISPLAYED BETWEEN US BASED ON OUR POLITICAL DIFFERENCES! HOWEVER AM JUST TRYING TO EXPOSE THAT UDP-UK ERRED IN THE PRESS RELEASE FOR PUBLIC CONSUMPTION.
THEREFORE IF YOU DIS-AGREE WITH ME PLEASE DO JUSTICE TO THIS TOPIC "WITHOUT FEAR OR FAVOUR"?
HOPEFULLY OTHERS FROM READERSHIP WILL PARTICIPATE AND CONTRIBUTE SOMETHING? |
Edited by - kobo on 12 Nov 2010 10:27:05 |
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Karamba
United Kingdom
3820 Posts |
Posted - 12 Nov 2010 : 22:09:31
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On paper, Gambian Constitution is a fine print. In real life there is no orderly governance guided by any constitutional provisions.
We have a bandit Yaya Jammeh parading with his lethal weapons and holding whole nation hostage. |
Karamba |
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kobo
United Kingdom
7765 Posts |
Posted - 13 Nov 2010 : 00:22:33
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| Awaiting Nyarikangbanna amongst other legal expertise to step in for UDP-UK in their flawed arguments citing Section 60 to debar registration of NADD? Taking this opportunity to review relevant provisions for coalition, alliance or merger; as opposition parties gearing towards ANY FORM OF UNITY TO CHALLENGE JAMMEH/APRC |
Edited by - kobo on 13 Nov 2010 01:01:54 |
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kobo
United Kingdom
7765 Posts |
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