PARTI LEPEP
POSITION PAPER ON:
POLITICAL PARTY REGISTRATION ACT
SUBJECT: POLITICAL
PARTY ACT
PRINCIPLES:
The
stance of Parti LEPEP (PL) on the Political Party Act is principled as it is in
keeping with the overarching objective of the whole electoral reform exercise
undertaken under the auspices of the Electoral Commission (EC), which is to
provide Seychelles with an equitable electoral system, and grounded in the
provisions of the Constitution of the Third Republic.
PL
is of the view that this objective can be attained if the Forum on Electoral
Reform (FER) embraces an evidenced-based and pragmatic approach meaning that it
asks itself what is not working with this piece of legislation and what the
evidences in support of this are. Through this approach aspects of the
Political Party Act which are problematic, meaning stand in the way of the
attainment of the wider objective of achieving an equitable electoral system,
will be detected.
PL’s
stance is to change what is not working (stand in the way of the objective of
making the electoral system equitable) but leave untouched what is working.
Subsequently,
PL’s stance on the propositions made by other parties to FER derives from this
pragmatic approach. Basically, for any proposition made by another Party, PL
would ask: In what ways are the provision of the Act being challenged,
problematic? And, what evidence do you have to show for it?
PROPOSITION:
Having
run through the Political Party Act and thoroughly analyzed each of its
provisions, PL has come to the conclusion that this piece of legislation, which
predates the present Constitution, has served the country and its democracy well
over the years.
Registration of Political Parties
1.2. (2.2MIN) Democracy is
defined by the adjective multi-party which insinuates that it draws its
vibrancy from the multitude of political parties existing legally. The law
should not be used to deny some political views the status of political party
nor force some political parties to go underground. Therefore, PL calls for
maintaining the status quo on this point as increasing the number of signatures
from its current level of 100 will defeat this underlying democratic principle.
Presentation of accounts
1.3 (2.3MIN) This is already been taken care of under Article 114 of
the Constitution which empowers the Registrar to submit a report on the
accounts of political parties to the National Assembly. Therefore, PL calls for
maintaining the status quo.
Funding of Political Parties from
State Funds
1.4 (2.4MIN) PL does not agree with the idea of having separate
headings as to how the money is to be used as it impinges on the independence
of political parties and besides the auditing of the accounts suffices to deter
any misuse of the funds coming from State coffers.
Auditing of Accounts
1.5 (2.5MIN) The auditing is done by the Registrar of Political Parties
who submits a report to the National Assembly where the Finance and Public
Accounts Committee scrutinizes the report. There is no need to duplicate the
auditing process by getting the Office of the Auditor General to do it over
again.
Formation of Political alliances
1.6 (2.6MIN) The Constitution makes no mention of political
alliances and speaks only of political parties yet this constitutional silence
has not hampered the formation of electoral/political alliances in the third
Republic. In such circumstances, there
no need for a separate piece of legislation to cater for the formation of
political alliances.
1.7 (2.7MIN) Maintain the status
quo.
1.8 (2.8MIN) There seems to be a contradiction between this
proposition to get small parties in the National Assembly and proposition 1.2(2.2)
which calls for increasing the number of signatures and proposal. The size of
political parties cannot be legally fine-tuned but should be politically
determined by the electorate.
Financing of political parties
1.9. (2.9MIN) PL calls for maintaining the status quo. Against the
idea of minimum requirement and (1.10) of using the 6.5 million rupees
benchmark as it ties the hands of the Government and does not take into
consideration the economic situation of the country and the availability of
financial resources.
Documents presented by political
parties
1.11 (2.11MIN) There is no need for public inspection as any member of
the public can lodge an objection under existing provisions of the laws.
1.12. (2.12MIN) This idea is antidemocratic and discriminatory (it favors’
independent candidates).
Membership Age
1.13. (2.13MIN) Maintain the status quo as Constitution does not allow
for lowering of minimum age for becoming member of a political Party.
1.14 (2.14MIN) It is for the Court to interpret the meaning of the
word “provocative” and political parties cannot deny them that freedom by
striking the word from the Act.
Appeal against a registration and
against striking off political party
1.15. (2.15MIN) The appeal to the Court of Appeal must be on a point of
law only.
Annual Accounts
1.16 (2.14MIN) There is no need for this as the accounts are audited
and submitted to the National Assembly.
26 comments:
ALL PARTIES SHOULD WITHDRAW FROM THE PROCESS.
THEN TAKE THE CAUSE BEFORE COMMONWEALTH UN SADC.
SNPDP BOULLE attend these meetings with PLPDM?
Nothing like a little scotch and water to remind you of Gerard Hoarau , Mr. Herminie?
Has W Herminie got anything to do with the case as he was studying law in UK at the time.He may have been u just never know.
Sometime in life things catchup at a latter stage when everyone hv forgoten.there was also that case of his previous wife where it was circulated at the time of her death that she set herself on fire by poring petrol n set herself alight.some people did not beleive that version at the time.
The key question did he do it?
I am sure that deep down inside Mr. Herminie is disturbed by his party new vision! Like most SPUP members, he still believe in Seychelles for Seychellois.
Maybe he has too much to loose by abandoning the party he had championed for many years but if he truly loves his country and its people we hope that he and many others like him will get back to the reason why they got into politics in the first place.
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