KB

With regards to PDOIS's challenge in the 1990's you
will be pleased to know that this matter was settled
in the African Commission of Human Rights. It was a
case which concerned the voting registration exercise
and its irregularities. Give me time and I will post
you a copy of the Commission's decisions or
alternatively perhaps Halifa Sallah could post it on
the L.

Have a wonderful day.

Sanusi.



--- Dampha Kebba <[log in to unmask]> wrote: >
Sanusi, thanks for the information regarding the
> existence of the mechanism
> to 'challenge' the registration of certain voters
> and the non-registration
> of eligible citizens. As you rightly pointed out,
> this is NOT an easy
> exercise. Apart from the heavy burden of proof you
> mentioned, there is also
> the issue of time constraints. Petitioners usually
> have a limited amount of
> time to bring their actions before judges. These
> 'challenge' provisions are
> also usually very technical rules. I am not at all
> familiar with the Sana
> Manneh/Samba Faal case, but I have a suspicion that
> the reason Manneh's case
> was dismissed was because of these technicalities I
> mentioned above. In the
> early 90s PDOIS also brought forth similar petitions
> against certain voters
> in Banjul. If my memory serves me right, those
> petitions were also dismissed
> at the initial stages due to a technicality.
>
> This is why yesterday I cautioned the Opposition
> parties to tread carefully
> and consult with PDOIS and their lawyers to ensure
> that the petitions are
> properly filed before the tribunals and the cases we
> bring would be solid
> cases that will help purify the rolls. Again, I
> reiterate, IF we CANNOT
> straighten out the rolls, we have to BOYCOTT the
> elections.
>
> Thanks again for your contributions.
> KB
>
>
>
> >From: Sanusi Owens <[log in to unmask]>
> >Reply-To: The Gambia and related-issues mailing
> list
> ><[log in to unmask]>
> >To: [log in to unmask]
> >Subject: Re: Voter Re-registration --- Challenging
> the Rolls
> >Date: Fri, 22 Jun 2001 10:39:29 +0100
> >
> >Kb
> >
> >You have raised some interesting issues which need
> to
> >be looked at. For your information, under the First
> >Republic, there were mechanisms set up for which
> any
> >person could challenge the decision to grant an
> >individual a voters card.This mechanism was still
> in
> >place during the first registration exercise
> conducted
> >by the defunct PIEC. If you could recall, Veteran
> >Journalist Sanneh Manneh sued Mayor Samba Faal for
> >being registered as a voter for Banjul North.
> Although
> >Mr Manneh's case was dismissed at its initial
> stages,
> >there is nothing in the Election Decree of 1995
> which
> >prohibits anyone to challenge the IEC's decision to
> >issue voters card to non-gambians. Notwithstanding
> the
> >existence of this law, there are other hurdles
> which
> >those would be petitioners will have face, they
> will
> >have to prove beyond resaonable doubt that a
> >non-gambian was granted a voters card contrary to
> the
> >rules.
> >If there have been evidence of IEC breaching the
> >rules, then surely the interesting parties should
> >start pursuing their petitions in the law courts.
> >
> >Have a wonderful day.
> >
> >Sanusi.
> >
> >
> >
> >--- 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
> > > elections. The parties that are actively
> > > participating in elections matters
> > > as we speak/write (UDP and NRP) should tap the
> > > experience of PDOIS in this
> > > sphere. PDOIS has previously battled PPP in this
> > > arena. I respectfully urge
> > > UDP and NRP (in the spirit of a United
> Opposition)
> > > to consult with PDOIS
> > > about the modalities of challenging voter
> > > registrations.
>
=== message truncated ===


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