Seychelles Attorney General exposed By Attorney Nada For Incompetence And Delaying Reforms

ELECTORAL REFORM FORUM

MINUTES OF MEETING HELD ON WEDNESDAY 27^TH FEBRUARY 2013 AT 9.00 AM AT NATIONAL HOUSE, VICTORIA, MAHE

PRESENT

Electoral Commission	Seychelles National Party – (SNP)
Mr. B. Elisabeth  - Ag. Chairman	Mr. W. Ramkalawan – Party Leader
Mr. B. Hoarau – Member
Mrs. M. T. Purvis - Member
Ms. J. Adrienne - Secretary	Parti Lepep – (PL)
	Mr. S. Gill – Delegated Party Leader
Popular Democratic Party (PDM)	Mr. R. Agrippine – Consultant
Mr. D. Pierre – Party Leader
New Democratic Party (NDP)
Mr. R. Volcere – Party Leader
Mr. P. Boulle - Representative
	Citizen Democracy Watch (Seychelles)
Working Team	Mr. M. Padayachy
	Mr. S. Lalande
Ms. S. Aglae Consultant Local Legislative Draftsperson
Ms. J. Simeon
ABSENT
Mr. H. Gappy – (with apologies) Mrs. J. Carpin Mrs. M. Bastienne Mr. A. Derjacques
Mr. G. Lafortune – (with apologies)
Mr. C. Gill
Mr. J.P. Isaac

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The meeting was chaired by Mr. B. Elisabeth.

1. The Chair informed the Forum that the Minutes of Meeting could not be ready on time  because Ms. Simeon was not present last Wednesday and could therefore not complete the Minutes from the verbatim.

1.1  He stated that he will take the responsibility to respond to some of the queries that were raised in last week’s meeting, namely the role of the Attorney General in the Electoral Reform process.

1.2       The Chair called on Mrs. Purvis to read out a copy of the letter in response to a similar request to the Attorney General’s office last year when the Commission requested for clarification on his role. 

1.3       The Chair pointed out that there was no representation from the Attorney General’s chambers and through the Chair, Ms. Simeon informed Forum that Mrs. Nada had sent an email stating that from now on she will not be attending any meetings of the Forum.

1.5       Mr. Ramkalawan stated that there should be a clarification as to whether Commonwealth has withdrawn its participation in the work of the Forum because last week Mrs. Nada made it clear that she was in constant contact with  Commonwealth and that she sends regular reports to commonwealth who had told her to continue to attend every meeting.

1.6       Mr. Elisabeth stated that the query is noted and the Commission will try and seek clarification as  Mrs. Nada was sent here at the request of the Attorney General to primarily help in the drafting of laws pertaining  to the Constitutional review committee’s recommendations and the AG’s Office also agreed to use her to assist in the drafting of

            laws in connection to the electoral reforms.

            

1.7       Mr. Ramkalawan stated that they would be grateful if there could be correspondence from the Commonwealth to verify its participation in the whole process.

2. PRESENTATION BY PL

2.1       Mr. Gill stated that he was prepared to make general comments on the existing Political Parties and Registration Act but  was hoping also that he would be getting the Minutes of the last meeting so that in the process he could refer to some of the main issues that were raised by the other side.

2.2       In terms of real changes in the overall provision in the Act, he stated that the general provision as stipulated in there is okay and do not have much of a point to raise.

2.3       Mr. Elisabeth  apologised for the delay in getting the Minutes out, but invited Mrs. Purvis to give a brief summary of the points raised that were brought up during last week’s meeting.

2.4       Having heard the brief summary from Mrs. Purvis, Mr. Gill pointed our that they are very pertinent issues which will imply fundamental changes in the existing Act and that he needs time to consider and discuss further with his party.

2.5       Mr. Volcere disagreed with Mr. Gill for further time as he had just stated earlier that they do not have any major objection with the present law as it is, at this moment in time, meaning that his party were not recommending  changes.

2.6       He added that Mr. Gill is saying all these because he has come to the forum unprepared and thus wasting time.

2.7       Mr. Gill pointed out that when he stated  that he did not have major concerns as far as proposing amendment to the existing law, that did not mean that he was not prepared to consider any submission and look at it in depth.

2.8       He added that they have a paper that they have prepared to make presentation but this was to go in conjunctions with points raised during the last meeting. He said he has not managed to give the caucus of his party the opportunity to discuss what was raised in the last meeting.

2.9       He further added that he will not make submissions today until he gets the details of what was discussed last week so that he will go back to his party’s caucus and then consider the merit of those issues.

2.10     Mr. Elisabeth stated that the minutes will definitely be sent and he suggested that since Mr. Gill has indicated that they already have a paper, he can let the Commission have a copy for circulation to others so that if they can  comments on them.

2.11     Mr. Ramkalawan stated that it should be noted as well that at last week’s meeting after the presentations had been made, Mr. Agrippine in his intervention did state areas of consensus and areas of contention.

2.12     He wanted to know from Mr. Gill if the points that his party represented by Mr. Agrippine where he stated clearly that there were consensus, whether  he was now saying that even those points are now being contested by his party and that what Mr. Agrippine said last week is sort of null and void and that he would take a new position after his party’s caucus.

2.13     Mr. Gill stated that they were waiting for the Minutes for them to be able to consider the merit of the issues, and added that they have done some research on points that were raised but it would be good to have the Minutes before they can submit their presentation.

2.14     Mr. Elisabeth invited Mr. Gill as a matter of interest state the  gist of what he thought his party thought about some of the issues that Mr. Agrippine said he agreed with last week.

2.15     Mr. Agrippine stated that he said these were possible consensus.

2.16     Mr. Gill submitted that he will wait for the minutes and then they will consider the merits of the points raised.

2.17     Mr. Elisabeth informed Mr. Gill that he will have the details through the minutes and that he should submit his paper which will be circulated to other members for their comments.

3 PRESENTATION BY PDM

3.1       On the issue of funding that it  be kept to a minimum of 6.5 million but increased annually based on inflation, Mr. Pierre stated that inflation alone is not enough as a guide with respect that the amount of 6.5 million be increased annually.

3.2       He added that inflation would be a bit misleading and suggested the need to find another formula to use to increase this 6.5 million whenever there is the need for an annual basis.

3.3       On the issued of registration of political parties, he stated that it should be something which is transparent, so that members of the public will be given the opportunity to comment and object if they feel that there is a need for them to object.

3.4       With respect to funding, he stated that if it is money given by the State, that should be audited by the Auditor General so that it could be picked up in his annual report.

3.5       He disagreed with the point that no political parties should be allowed to take part in an election if registered less than a year.

3.6       He stated that if a political party meets all the criteria and is accepted and registered as a political party, then there should be absolutely no reason why this party cannot participate in an election even if this election is less than a year away.

3.7       With respect to the age for a person to become a member of a political party, he said he does not think it should be restricted to 18. At least it should go down to 16.

3.8       In relation to appeals, he stated that appeals should not be restricted to the Supreme Court only. There should be other avenues that could be used for political parties if a political party is not satisfied with the outcome before the Supreme Court, then there should be at least the Court of Appeal, the party should be given another opportunity to at least make a final appeal.

3.9       In respect to public servant, Mr. Pierre stated that whether a Minister is a public servant or not, if a Minister is a public servant, then obviously a Minister is above the rank of director.

3.10     He questioned as to whether a person above the rank of director should not be allowed to be a member of the executive committee of his or her party.

3.11     With respect to proportional seats, Mr. Pierre agreed with the proposal.

3.12     With regards to allocation of funds, Mr. Pierre stated that they should be able to find a way whereby the amount that is decided is done in a manner which is transparent and acceptable to all registered political parties.

3.13     Having heard the concerns raised by Mr. Pierre, Mr. Elisabeth enquired whether CDW have any presentations to make.

3.14     Mr. Padayachy informed the forum that they will send a copy of the presentation to the Commission who will circulate same to other members.

3.15     Mr. Boulle, stated that if somebody is a civil servant, he should not be able to take part in an election unless he has resigned within six months because he felt that a person will not be served well if he is not in that same party as the civil servant.

3.17     As promised, Mr. Elizabeth informed members of the Forum that the Commission will try to seek clarification from the Commonwealth regarding the role of the commonwealth in the electoral reform process.

3.16     Mr. Elisabeth called on PL and CDW to submit their presentations on the Political Act so that it could be circulated during the course of the week for comments.

The meeting is adjourned.