Written by Bella Dalima
07 Nov, 2014 | 4:55 pm
The Asian Human Rights Commission says that the move by the President who has requested the Supreme Court consideration on running for a third term at the upcoming presidential election is a “political trick” and that the Court’s opinion has been requested in order to give credence to the “political scheme”.
Issuing a statement, the AHRC says that the Supreme Court needs to refuse to submit an opinion in terms of this request as Article 129(1) of the Constitution cannot be used as a political guise.
The AHRC adds that the request is legally, logically, and linguistically meaningless and that such a request cannot be honoured by the country’s highest court.
Furthermore, the AHRC points out that “The President can refer a question to the Supreme Court only when it has a meaning in terms of law or fact and when the issue is of public importance”.
The statement adds that if the Supreme Court declares its opinion, the Elections Commissioner will be bound by the opinion, or it could be made to appear to the public that the Election Commissioner is bound by such opinions which means that the Election Commissioner will be deprived of the right to decide on the issue.
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