--- 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! Mail
http://personal.mail.yahoo.com/

----------------------------------------------------------------------------

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
You may also send subscription requests to [log in to unmask]
if you have problems accessing the web interface and remember to write your full name and e-mail address.
----------------------------------------------------------------------------