Dec 23, 2010, 1:41 PM
GROUP OF SIX
C/O 30 Papa Sarr Street
Kanifing Administrative Area
Attorney General and
Minister of Justice
23 May 2012
Re: Request for Compliance with the letter and spirit of Section 42 of the Constitution
We the signatories to this memorandum are writing to you in your capacity as the principal legal adviser of the government, in consonance with the dictates of section 72 sub section (2) of the Constitution.
Attached under the cover of this memorandum is a letter addressed to Mr Carayol conveying the content of section 42 of the Constitution, the provision which confirms that he cannot serve as a member of the Commission for more than two seven-year terms.
In this regard, we had requested for him to vacate the office of Chairman and member of the Commission. For your information Section 42 subsection (4) reads:
“Subject to the provisions of this section, the members of the Commission shall be appointed for a period of seven years and may be re-appointed for one further term: provided that the three of the first members (who shall be chosen by lot ) shall be appointed for lesser periods than seven years in order to provide continuity within the commission”
Mr Carayol has been a member of the Commission since the PIEC was eclipsed by the Independent Electoral Commission. The IEC has been in existence for more than 14 years. Mr Carayol’s term as Commission member has expired.
It is the duty of the President under section 42 subsection (3) of the Constitution to appoint members of the Commission in consultation with the Judicial Service Commission and the Public Service Commission.
In our view, the Executive should be properly advised to fulfill its constitutional mandate and address a breach of its letter and spirit.
Furthermore, it is indisputable that an appointment to an office like that of a member of an electoral commission should have been done in consultation with all political stakeholders and should have been subjected to confirmation by the National Assembly.
However, until the Constitution is amended after a National Dialogue we strongly recommend that any new appointment to the Commission be forwarded to the Judicial Service Commission and Public Service Commission only after consultation with the Inter-Party Committee.
While anticipating your positive response,
Yours in the Service of the Nation
GMC, GPDP, NADD, PDOIS, PPP, UDP