I had inquired some few days ago about the 'challenge' procedures for the
voter re-registration process. Mballow was kind enough to send us the
relevant provisions in our Elections Decree. I herewith forward Mballow's
post. Apparently, he was experiencing difficulties sending the piece to G_L
directly from his machine.

Upon a perusal of the provisions, I detected that there are avenues to
challenge the non-registration of eligible voters and the registration of
ineligible voters. According to the reports reaching us from Banjul, the
Opposition should be more preoccupied about the latter 'challenges'. I have
not heard of a lot of cases where eligible Opposition supporters were denied
registration. In any case, one single Opposition that was denied
registration illegally, is one too many. We have to fight for our supporters
to ensure that they all make the voters' rolls.

According to these provisions, we have fourteen days within which to lodge a
'challenge'. Short period of time. Hopefully, we gathered all the
information we needed about APRC/IEC shenanigans during the voter
registration process. Now all we need to do is coordinate with legal
advisers and file the required documentation with the applicable filing fees
with the 'Registering Officers'. As I mentioned in the past, these rules are
very technical rules that have been interpreted in the past in a very
restrictive manner. I again reiterate that we should tread carefully and
make sure we get the vermin where we want them. Let us file the right
papers, with the right authorities and play according to the rules. Once the
papers are filed, the ball is then in the court of the IEC to alert the
Chief Justice to commission the 'Revising Courts'. This is of course
assuming that IEC has already published the list of voters. The fourteen
days for filing an objection with the Registering Officer begins to run
after the rolls are published. I hope to hear soon that the rolls are out.
These rolls are very important pieces of evidence.

Like I said before, right here, we have a valid reason to halt the
elections. With revelations about 'voters' coming from Casamance and Bissau,
it is important that we ensure that these rolls only contain the names of
eligible Gambian voters. If we cannot make sure of that, we should boycott
the elections and not be seen as legitimizing an illegal regime. So if the
rolls are out this week, we are looking towards the end of July for the
Chief Justice to get the Revising Courts rolling. Upon hearing challenges
(at the various constituencies), these courts have up to two months to
render their decisions. That takes us to the end of September. I presume
that the decisions of these magistrates are also 'appealable'. Now, if
someone is aggrieved by the decisions of these magistrates, what time do you
have between the end of September and the elections in October to exhaust
all your legal avenues? It is practically impossible to go all the way
relying on these provisions. Right here again, we are looking at boycott
right in the eye. If the IEC cannot assure us that we will get justice using
these challenge provisions, let us forget about the elections. Again, the
sanctity of these rolls are vital to the Opposition. From day one I was
saying that if the provisions for 'challenges' are rigged as well, we should
boycott. Let the IEC convince us that we will be assured of justice using
these 'challenge' provisions. We all know that these challenges/objections
come with time constraints. But this is different. Here we are talking about
having an election before we can exhaust all our rights.

Mr. Mballow, I look forward to seeing from you the other provisions dealing
with the adjudication of these objections. I hope to hear that the decisions
of these Revising Courts are 'appealable'. I also hope to hear that we will
have enough time to exhaust all our appeals. The morons cannot say that we
did not warn them. From the onset, we told them that this re-registration
exercise was a gigantic task. It is one thing to put people on the list. It
is another thing to keep those people on the list. We should do all we can
to ensure that all and only the right people are on the list.
KB



>From: saihou Mballow <[log in to unmask]>
>To: [log in to unmask]
>Subject: Fwd: Re: Attention:Kebba Dampha Voter registration ended.
>Date: Sat, 30 Jun 2001 22:48:17 -0700 (PDT)
>
>Kebba,
>       this is my third attempt to send this to the L
>but my computer is giving me funny response.I first
>sent it by attachment but doubt if people will see
>it.Thanks.
>
>--- saihou Mballow <[log in to unmask]> wrote:
> > Date: Sat, 30 Jun 2001 22:39:01 -0700 (PDT)
> > From: saihou Mballow <[log in to unmask]>
> > Subject: Re: Attention:Kebba Dampha Voter
> > registration ended.
> > To: saihou Mballow <[log in to unmask]>
> >
> >
> > --- saihou Mballow <[log in to unmask]> wrote:
> > >
> > > Note: forwarded message attached.
> > > Voter Registration ended today and what is to be
> > > expected.The Chief Justice would appoint a First
> > > class
> > > Magistrate/s to hear the objections and appeals
> > > through out the Administrative Areas.
> > >
> > >
> > > __________________________________________________
> > > Do You Yahoo!?
> > > Get personalized email addresses from Yahoo! Mail
> > > http://personal.mail.yahoo.com/
> >
> > > ATTACHMENT part 2 message/rfc822
> > > Date: Sat, 30 Jun 2001 10:08:01 -0700 (PDT)
> > > From: saihou Mballow <[log in to unmask]>
> > > Subject: Re: Voter Re-registration --- Challenging
> > > the Rolls
> > > To:
> > >     The Gambia and related-issues mailing list
> > > <[log in to unmask]>
> > >
> > >  Mr.Dampha, as today is the end of the
> > > voter-registration exercise let us examine the
> > > ELECTIONS DECREE 1996 DECREE NO.78. Section 22
> > which
> > > deals with Omissions and Objections of voter's
> > cardS
> > > claimantS.To my knowledge this section is not
> > > amended
> > > however, i stand to be corrected.
> > >
> > > Section 22 of the above mentioned decree states:
> > > [1] A person
> > >
> > > [a] who has made a claim to be registered as a
> > voter
> > > and whose name has been ommitted from any list of
> > > voters,
> > >
> > > [b]whose name being entered on a register of
> > voters
> > > in
> > > force has been entered in any list of deletions,or
> > >
> > > [c] who claims to have his name inserted in the
> > list
> > > of voters or expunged from the list of
> > > deletions,shall
> > > within fourteen days from the date of publication
> > of
> > > the list,appeal to the appropriate Registration
> > > Officer to have his name inserted or expunged,as
> > the
> > > case may be.
> > >
> > > Schedule  [2] An apeal under subsection [i] shall
> > be
> > > in writing in the form prescribed in form 5
> > schedule
> > > 111.
> > >
> > > [3] a person whose name appears
> > > [a] in any list of voters and who objects to his
> > own
> > > name appearing on the list,or
> > >
> > > [b] on a current register and who objects to the
> > > name
> > > of any other person appearing on any list of
> > > voters,shall of publication of the list,serve on
> > the
> > > appropriate Registration Officer a notice of
> > > objection
> > > in the form prescribed in form 6 of Schedule 111.
> > >
> > > [4] in this decree,a person objecting to the
> > > inclusion
> > > or insertion of any name in the register of voters
> > > is
> > > referred to as the objector.
> > >
> > > [5]The registering Officer on receiving the notice
> > > of
> > > objection,shall serve on the person in respect of
> > > whose name the objector is taking,a notice
> > >
> > > [a] in the form prescribed in form 7 of schedule
> > > 111,and
> > >
> > > [b] stating the date of the hearing of the
> > > objection.
> > >
> > > [5] no appeal or notice of objection under this
> > > section shall be received or allowed unless it is
> > > accompanied by the payment of fee prescribed by
> > the
> > > commission.
> > >
> > > [6] The Registering Offficer shall,as soon as
> > > practicable after the period of fourteen days
> > > specified in subsection [1],prepare and publish a
> > > list
> > > of all appeals and objections and the names
> > > addresses
> > > of the persons who have made them.
> > >
> > >        SECTION 24 THE REVISING COURT
> > >        -----------------------------
> > > Section 24.[1] As soon as may be practicable after
> > > the
> > > lists mentioned in section 19 are published,the
> > > Chief
> > > Justice  shall ,on the advice of the
> > > commission,appoint a Magistrate of the First class
> > >
> > > [a] to hold a court [hereinafter called a
> > "revising
> > > court"
> > > [b] to hear and decide appeals and objections.
> > >
> > > [2] a revising court shall be held in each
> > > Administrative area in which notices of appeals
> > and
> > > objections have been received and the Chief
> > Justice
> > > may,for this purpose,appoint different Magistrates
> > > for
> > > each administrative area.
> > >
> > > [3]A migiste appointed under this section shall
> > >
> > > [a] hold his revising court and give his decision
> > on
> > > appeals and objections within sixty days from the
> > > date
> > > the notice of such appeals and objections are
> > lodged
> > > in the revising court;
> > >
> > > [b] give not less than five clear days notice of
> > the
> > > time and place of holding of his court;and
> > >
> > > [c] hold his revising court in public.
> > >
> > > DISPOSAL OF APPEALS AND OBJECTIONS TO BE
> > CONTINUED:
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > > --- Dampha Kebba <[log in to unmask]> wrote:
> > > > As we move to the end of the voter registration
> > > > process, I hope the
> > > > haphazard nature of the process will NOT
> > epitomize
> > > > the 'challenge' phase.
> > > > Let me pause here and ask again elections
> > experts
> > > > like Lamin PF Manneh or
> > > > the Opposition party stalwarts in our midst that
> > > are
> > > > more familiar with our
> > > > electoral laws whether there are specific
> > > provisions
> > > > in our current
> > > > electoral rules dealing with the 'challenge' of
> > > the
> > > > registration of
> > > > ineligible voters. I have a feeling there are,
> > but
> > > I
> > > > just want to be doubly
> > > > sure and also find out what leeway those laws
> > give
> > > > the Opposition parties.
> > > >
> > > > Prior to the commencement of the registration
> > > > process, we were working on
> > > > the assumption that political parties will be
> > > given
> > > > the opportunity to
> > > > challenge in court the registration of
> > ineligible
> > > > voters and the
> > > > non-registration of eligible voters.
> > Consequently,
> > > > we had counseled the
> > > > Opposition parties to document all wrong-doings
> > > > during the registration
> > > > process. If the 'challenge' provisions are
> > intact,
> > > > there is frankly no need
> > > > to create commotion during the registration
> > > process.
> > > > There is no need to
> > > > physically prevent the registration of certain
> > > > aliens and give the IEC the
> > > > excuse to close certain registration centers
> > > > prematurely. The task at this
> > > > stage should just be limited to fact-gathering.
> > > >
> > > > Now that we have all the facts that we need
> > about
> > > > APRC/IEC shenanigans, it
> > > > is incumbent on the Opposition parties to
> > > formulate
> > > > a strategy for
> > > > challenging the registration of ineligible
> > voters
> > > > and also make sure that
> > > > real Gambians that were denied their right to
> > > > register, make it to the voter
> > > > registration rolls. The work starts when we see
> > > the
> > > > rolls compiled by the
> > > > IEC at each registration center. Party stalwarts
> > > in
> > > > that constituency should
> > > > scrutinize the rolls and flag the ineligible
> > > voters.
> > > > We should then build a
> > > > case on each ineligible voter a go to court.
> > From
> > > my
> > > > recollection of the
> > > > electoral rules we had during the former regime
> > > (we
> > > > might still have those),
> > > > political parties are given a short amount of
> > time
> > > > to challenge the contents
> > > > of these rolls. That is why it was vital that
> > the
> > > > Opposition was vigilant
> > > > during the registration process. That is why it
> > is
> > > > also vital for the
> > > > Opposition parties to move fast in order to
> > > cleanse
> > > > the rolls, so to speak.
> > > >
> > > > The impurity of this voter registration and
> > > > challenge process should be a
> > > > grounds for boycotting the elections. If
> > > Opposition
> > > > parties are NOT
> > > > satisfied that their grievances during this
> > period
> > > > have been adequately
> > > > addressed by the IEC and the courts, the parties
> > > > should BOYCOTT the
> > >
> > === message truncated ===
> >
> >
> > __________________________________________________
> > Do You Yahoo!?
> > Get personalized email addresses from Yahoo! Mail
> > http://personal.mail.yahoo.com/
>
>
>__________________________________________________
>Do You Yahoo!?
>Get personalized email addresses from Yahoo! Mail
>http://personal.mail.yahoo.com/

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