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.
> >
> > Finally, I hope the parties will NOT allow the
> > APRC/IEC to doctor the rolls.
> > We must draw a line in the sand. They RIG the
> > registration process, we
> > BOYCOTT. The Parties negotiating with the IEC should
> > have all their eyes
> > wide open. We should be giving ultimatum upon
> > ultimatum. No media access,
> > BOYCOTT. Counting the votes away from the polling
> > stations, BOYCOTT. We must
> > NOT get into this elections with the deck heavily
> > stacked against us.
> > KB
> >
> >
>_________________________________________________________________
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