--- saihou Mballow <[log in to unmask]> wrote: > DISPOSAL OF APPEAL AND OBJECTIIONS OF REGISTERED > VOTERS > --------------------------------------------------- > Section 25 of the elections Decree 1996 Decree no.78 > states:[1] at any sitting of a revising court,any > person appearing to the court to be represented in > or > affected by the subject matter before the court may > appear and be heard by himself,by a legal > practitioner > or by any other person duly authorised by him in > writing in that behalf. > > [2] the revising court shall produce or cause to be > produced in court the lists of > voters,deletions,appeals and objections,and shall go > through the lists and > > [a] insert in the appropriate place in the list of > voters the name of every person who is proved to the > satisfaction of the court to be entitled to have his > name inserted in such lists of voters; > > [b] expunge from the lists of voters the name of > every > person who,upon the application of an objector,is > proved to the satisfaction of the revising court > not > be entitled to have name retained in such lists of > voters;and > > [c] expunge from the lists of deletions the > name of every person who is proved to the > satisfaction > of the revising court to be entitled to remain on a > register of voters. > > [3] notwithstanding anything to the contrary > contained > in this decree,the revising court may,without any > inquiry,allow any claim in respect of which no > objection has been made if it is otherwise satisfied > that the claim should be allowed and shall advise > the > commission to insert the claimant's name in the > register of voters. > > [4] If an objector fails to appear in person,by a > legal practitioner or by some person duly authorised > by him in that behalf in support of his > objection,the > objection shall be rejected and the name of the > person > objected to shall be retained in the lists of > voters. > > [5] If an appellant or objector appears in person, > by > a legal duly authorised by him in that behalf to > prosecute his appeal or objection,he shall prove > service of the notice of appeal or objection and the > revising court shall then decide the appeal or > objection. > > [6] The Magistrate shall,when he has determined an > appeal or an objection,write his initials and the > date > of the determination against any name struck out of > any list or inserted therein,and against any mistake > or name to every page of the lists when they are > finally settled. > > > ADDITIONAL POWERS OF REVISING COURTS > ------------------------------------- > Section 26. A revising court shall have the follow > powers in addition to any other powers given to it > under this Decree > > [a] to expunge from the lists of voters the name of > every person who is proved to be dead; > > [b] to correct any apparent errors or mistakes; > > [c] on the written application of a voter,to change > the original name or address of such voter to an > altered name or address;and > > [d] to reinstate the name of any person in a list of > voters struck out by mistake or to insert therein > the > name of any person inadvertently omitted from the > list. > > SECTION 27.PRACTICE & PROCEDURE IN REVISING COURT > ------------------------------------------------- > Section 27. in all proceeding in a revising > court,the > law and rules of evidence to be complied with shall > be > the same as in civil cases before a magistrate > court,and the practice and procedure shall,as nearly > as may be,conform to the practice and procedure on > the > hearing of such cases. > > > SECTION 28.GROUNDS ON WHICH APPEAL FROM REVISING > COURT > BARRED > --------------------------------------------------- > Section 28.No appeal or notice of appeal shall be > received or allowed against the decision of a > revising > court on any question of fact or upon the > admissibility or effect of any evidence or admission > adduced or made in any case to establish any matter > of > fact only. > > > > > > > > --- Dampha Kebba <[log in to unmask]> wrote: > > 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 > === message truncated === __________________________________________________ Do You Yahoo!? Get personalized email addresses from Yahoo! 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