Institutions in crisis
by Wavel Ramkalawan
Leader of SNP
Last week I focused on the state of our country with all the difficulties we are currently going through. It looks as if every day there is something new that confirms that our country is in free fall. Take the news on the SBC last night informing us that there is only one chicken farmer left rearing his last 5000 chickens. Talk of food security!
Let us now turn to our institutions that are supposed to uphold our democracy and society. This year has been one whereby we have seen many cracks and weaknesses in very important ones.
Take for example the Constitutional Court where judges of the Supreme Court sit. Twice this year we have seen their rulings regarding political cases thrown out. The first was the case of Viral Dhanjee where he claimed that his rights had been abused when the Electoral Commissioner rejected his papers. He won his case only to see the very decision quashed by the Court of Appeal.
The second one was the PDM case regarding proportional representation according to schedule 4 of the Constitution. This was a case of interpreting the Constitution. The Constitutional Court ruled one way and the Court of Appeal in another. Who can we trust and believe in? Or is it now a question of the people having lost confidence in the judicial system?
Interestingly we now have a case before the Supreme Court based on a complaint of a Court of Appeal judge where she will be a witness! All this is simply pathetic, because if she is not happy with the decision she will appeal to her own court! And what about the judge who will deliver the judgement and the lawyer who will cross-examine her? In what light will they be viewed by that judge in her court? Does this not call for her resignation?
The National Assembly as one of the three pillars of our democracy showed big weaknesses of its own. In the first place we saw a member betraying her party being applauded by the ruling party and going on to vote for the dissolution of the Assembly.
The dissolution was ruled to be unconstitutional by the Constitutional Court. When an institution that has as main role to uphold the Constitution and be the legislative arm of our state, messes up at this level, again confidence drops.
After the October election, we ended up with a one-party Assembly - another indication of going backwards. Now that the court has amended the Constitution we have ended up with a situation whereby the Leader of the Opposition will not be elected as the Constitution indicates, but will rather be nominated by the Speaker. But furthermore it will be a leader who represents not the opposition, but his own party as the boycott indicated. While he scored some 3000 votes, spoilt ballots amounted to over 16,000! What a mess!
Another development makes one ask questions as to what is happening in our country. Now that the Court of Appeal has changed the way of determining PR seats, the Electoral Commission has openly expressed its disappointment. So we have the Electoral Commission versus the Court of Appeal. When the Commission then invites the Parti Lepep to name two other members, they refuse! Is that an indication that even the ruling party is not happy with the decision of the Court of Appeal?
Another institution that has given itself a bad name is the police. We count on that force for security. When officers of that body act as thugs, then it has failed. This was clearly shown on the SBC on Wednesday night when they caught a police officer firing pepper gas at a crowd of innocent people, including children and the elderly, then running away. We all await the outcome of this case and see whether the officer in question will be sacked and charged. Back in 2006 officers who acted like thugs were actually given a promotion!
Our primary institutions are in a mess. Without strong and credible institutions we will continue on the downward slippery slope. We cannot build a country this way. This calls for a change. God knows how badly we need it.
Source: Le Seychellois 12-16-11