Like all Seychellois, I carefully and attentively listen to the Attorney General Ronnie Govinden on his summation of the new situation wherein the National Assembly will be a opposition majority control Assembly. The Attorney General suggested that with a majority control of National Assembly, it is easy to remove a sitting president. This is categorically sloppy thinking, or bad reading. Full Stop!
Removal of President ARTICLE 53. (1)
Mr. James Michel, so you sleep well at night, read article 53 (1):
This article shall have effect for the removal of the President from office on the ground of mental or physical incapacity.
Article 53 (3) provided in relevant part:
Where notice in writing signed by not less than half the number of members of the National ASSEMBLY,of a motion requesting that the question of the mental health or physical capacity of the PRESIDENT to discharge the functions of the office of PRESIDENT ought to be investigated is given to the Speaker, the Speaker shall- ( shall is mandatory language in statutory construction and interpretation, meaning the SPEAKER must act)
(a) where the [Assembly] is sitting.....cause a motion to be considered....as soon as practicable within Seven (7) days Notice,
(b) ...if the [Assembly] is not sitting! then summon the Assembly to meet...within Fourteen (14) days of the NOTICE and cause the Notice to be considered at that meeting.
It's not easy ! But read on.
(4) motion ....shall NOT be put to debate, but put to direct vote. The vote must be by 2/3 majority or super majority, Not simple majority as Attorney General wrongfully states.
Once the motion is passed by 2/3 , then and only then, is a copy delivered to the President and the Chief Justice. Then,under Section (5) the Chief Justice must appoint a medical board consisting of not less then Three (3) persons who are qualified medical practitioners ( probably under GOP) who shall look into the matter and make a report to the Chief Justice.
Once this report is done, the Chief Justice must then inform the Speaker. Then the ASSEMBLY must be summoned and then adopt the recommendations of the Board. Only then shall President cease to hold office.
So you see, it is not as easy as Mr. Govinden alluded to. Why would he misrepresent this important detail, I do not. Know. Maybe he wants another election next month.
Article 54 deals with removal of the President for violating the Constitution. This is even harder to do .
Take The BIG EASY OUT!
What is easier to do is the Cabinet remove the President or even better for us and MO Ibrahim his sweetheart whisper in his ears and say: " Cherie, I think we have had enough, let's relax in Abu Dhabi now....they just. Love us there"!
Sesel Pou Seselwa!
May God Bless All Freedom Loving Seychellois!
9 comments:
the only reason i would think is that he wants to make the parti lepep people feel scared and want to create panic as usual.....tipycal lepep....
Now with the new assembly this needs to stop!!!
AG said " the President can now be removed by a simple majority, constitutional amendments require 2/3 votes".
This is clearly,clearly incorrect.
No competent legal mind would venture on to national Broadcasting network and make such a fundamental blunder before the nation, after reading the constitution.
The constitution is clear and it was made deliberate that removing a president shall be difficult, and numerous hurdles must be jumped in order that we do not politicize the office, because the president is also Head of State and we would be ridiculing the Republic if we removed our Presidents from time to time because of the political divide, like we are seeing in Brazil.
The question remains, why would Govinden take this inadvertent leap?
The answer is a clue into the PL strategy post elections.
PL have suffered a great historical defeat.
It is a defeat of incredible magnitude because the stakes today are so high.
Pl has been placed into a corner by People Power!
This is a dangerous situation for PL.
They had best calculate their moves in a very responsible manner.
There will be no turning back on blunders anymore.
We must no forget that Michel never had and training ,or background in diplomacy...The only training he had was a training in the bush of Tanzania on how to use an ak 47 .......The only thing Michel knows is thugplocracy,,,,and diplocracy.You can make a diplomat out of a thug,but you can not unmake the thug into a diplomat.
Did you see the face of Michel when he congratulate LDS elected MPs ...._His face was red as a boiled lobster ,,with shame and ambarrassement.
Re-
Michel embarrassment.
Democracy when genuinely embraced has moments of red face, moments of tears, and embarrassment. This is the human condition. As a form of government, Democracy best represents the human condition.
We may even have squabbles, fights, arguments. This is the New Normal.
One party state systems and dictators focus on smooth operation of a Nation.
What can be smoother then one man deciding everything for a Nation. Look at North Korea as an eloquent dis-functional example.
Ex-Speaker Patrick Hermine focused his last interview as speaker on efficiency and. Smooth operation and no debates........
He had it all wrong!
Sesel Pou SESELWA!
C Gill
We should queszion Govinden ability to interprete the constitution....he seems confused.Mybe he should think of resign.
If I can still remember Mr Pillay of LDS was always saying that in 2016 there will be a new President.
Was there a plan to deposed Jam and his clicks once they win the majority or one was misreading the constitution?
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