Editorial - THE CYNICAL MANIPULATION THAT WILL HAUNT PRESIDENT MICHEL

Editorial

THE CYNICAL MANIPULATION THAT WILL HAUNT PRESIDENT MICHEL

The manner by which President of the Republic, Mr James Michel, chose to dissolve the National Assembly will return to haunt him, following moves by the Leader of the Democratic Party, Mr Paul Chow, to challenge the constitutionality of the date set for new elections for a new National Assembly at the Supreme Court. It is clear that there was a conspiracy to mug the Constitution in order to silence the voice of his political opponents.

Mr Michel, unfortunately, has shown once again his abhorrence of and contempt for constitutional government. It is to be remembered that he was one of the few who carried an AK-47 to overthrow the democratic constitution we inherited at independence in 1977.

We do not, of course, wish to dwell on the past. But Mr Michel’s words in his State of the Nation address about respect for democracy were hypocritical. He is, among a small clique in our country, most unqualified to preach the virtues of democracy to the rest of us in view of his past record of disrespect for democracy. Until Mr Michel makes a full and unreserved apology to the entire population for his role in the coup d’état that, not only suppressed our nascent democracy for 15 years, but also caused the death of a number of innocent people, he cannot pretend that he is being honest about his views on democracy .

Mr Michel has more than an obligation to apologise for these deaths. This why we would urge him to set up a Truth and Reconciliation Commission to deal with this matter once and for all so that the families of all his victims will have closure.

ATTORNEY GENERAL FERNANDO IS INCOMPETENT – HE SHOULD BE SACKED FORTHWITH

Anthony Fernando, the Attorney General

If the constitutional challenge of the declared date of the elections has given an indication that Anthony Fernando may have exposed himself as incompetent, the nail in the coffin is certainly and irrefutably contained in a book which he has just published.

It is so hot off the press that even Judge Perera was unaware of its existence when it was suggested to him, during the constitutional hearing, that he should read it. For on page 10 in the book entitled THE LAW RELATING TO PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS IN SEYCHELLES, Mr Fernando clearly showed that he is not capable of reading correctly the Constitution which he has sworn to uphold and defend.

Under the sub-heading When a By-Election is to be held he wrote: A by-election shall be held within a period of 3 months when a directly elected member ceases to be a member of the National Assembly under Article 81 of the Constitution. Attached to the subheading is a post-script referring the reader to Article 51 (1) of the Constitution. But article 51 refers to the qualification necessary for a person to be qualified for election as President. Evidently, Mr Fernando was referring to Article 81(1) which says that “a person ceases to be a member of the National Assembly and the seat becomes vacant – on the dissolution of the Assembly.” This is not a simple error as was the case in the petition of Mr Chow, which Mr. Fernando so hypocritically mouthed so much hot air over in the Constitutional Court in an attempt to discredit the petition. This is a clear sign of gross incompetence.

Mr Fernando then went on to highlight Article 79(2) of the Constitution, although he did not quote it in full. But Article 79 (2) of the Constitution says emphatically “Where a person ceases to be a directly elected member of the National Assembly under Article 81, a by-election shall be held within thirty days of the person ceasing to be a member of the Assembly…”

If President Michel needs a good reason to sack Anthony Fernando as Attorney General, it is contained in his own book. And he must do it sooner rather than later to save our country and himself from being held as objects of ridicule and contempt.