2024-01-24 16:51:06
Postponement of the presidential election: what does the constitution and the case law of the Constitutional Council say? (By Amadou Ba)
There is great confusion between art 29 and art 34 of the constitution.
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Art 29 provides:
“The candidacies are submitted to the registry of the Constitutional Council, at least sixty clear days and at most seventy-five clear days before the first round of voting.
However, IN THE EVENT OF THE DEATH of a candidate, the submission of new candidatures is possible at any time and until the day before the election.
In this case, the elections are POSTPONED to a new date by the Constitutional Council.”
Art 29 seems to say that in the event of the death of a candidate, new candidacy submissions are possible once more and the election is postponed by the Constitutional Council for a few weeks or months.
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On the other hand, art 34 refuses any postponement in the event of death.
It features:
“In the event of definitive impediment or withdrawal of one of the candidates between the publication of the list of candidates and the first round, the election is CONTINUED with the other candidates in the running. The Constitutional Council modifies the list of candidates accordingly. THE DATE OF THE POLL IS MAINTAINED.
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Art 34 clearly indicates that in the event of withdrawal or permanent incapacity of a candidate (death) between the publication of the final list of candidates and the first round, the vote is not Postponed, but Maintained.
It is clear that postponement is impossible according to art 34.
In any case, the constitution in its art 29 only provides for postponement due to the death of a candidate, so art 34 refuses any postponement.
Beyond this confusion, it is certain that postponing the presidential election is IMPOSSIBLE. Both the President of the Republic and the National Assembly have no authority to initiate or request a postponement. The constitution is very clear.
No dialogue between political actors can take place there either without violating the constitution.
It would take a natural calamity across the entire national territory (floods, earthquake), a military invasion of a large part of the national territory or a constitutional revision by referendum or by a 3/5 majority of deputies to hope for a “unconstitutional” postponement of the presidential election.
None of these circumstances are currently met. Therefore, attempts to postpone the election are doomed to failure.
The jurisprudence of the Constitutional Council is even much more severe on the postponement of the presidential election.
In its Decision No. 1-C-2016 of February 12, 2016 (2016 referendum), the Constitutional Council indicated very clearly that it is opposed to any compromise tending to reduce or increase the mandate of the President of the Republic, even NOW deputies and local elected officials.
According to the Council:
32. Considering, in fact, that neither legal security nor the stability of institutions would be guaranteed if, on the occasion of changes of majority, in favor of political games or according to circumstances in particular, the DURATION OF POLITICAL MANDATES ONGOING, regularly fixed at the time when these were conferred might, whatever the objective sought, BE reduced or EXTENDED.
We can clearly see that there cannot be a postponement of the presidential election without EXTENSION of the presidential mandate. This is because the Constitutional Council is now BANNING.
A presidential mandate can NEITHER be Reduced (Macky and his desire to reduce his seven-year term), NOR be INCREASED artificially by postponing the presidential election.
President Macky Sall must organize the presidential election while scrupulously respecting the Republican calendar.
This will be his last stand.
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#constitution #case #law #Constitutional #Council #Amadou
