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2 February election can be postponed, Constitutional Court rules: Thailand


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MASS RALLY

Protesters will not obstruct election

BANGKOK: -- Anti-government protests will not do anything to obstruct the advance voting this Sunday or the February 2 election, rally spokesman Akanat Promphan said Friday.

However they would continue their gatherings and demonstrations to convey their messages of opposing the idea of having election before political reform.

The decision was made after rally leader Suthep Thaugsuban met with core leaders of the seven rally sites last night.

Suthep earlier said the protesters would block the election, today appeared to have softened his stance. This was echoed in the statement by Akanat, who added that the rally supporters would still conduct their activities, as they want to underline that these are being conducted peacefully.

nationlogo.jpg

-- The Nation 2014-01-24

So, if they won't obstruct the election, then it can go-ahead - along with the by-elections in the 28 southern constituencies with no current registered candidates.

Absent a "national" emergency, that's the process the constitution calls for.

You need to read it again.

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I feel the elections should go ahead, if not for anything other than for the farmers to be paid. Life is tough enough at the best of times for these people who help to feed us, they should not be made to suffer on account of some corrupt, power hungry politicians.

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MASS RALLY

Protesters will not obstruct election

BANGKOK: -- Anti-government protests will not do anything to obstruct the advance voting this Sunday or the February 2 election, rally spokesman Akanat Promphan said Friday.

However they would continue their gatherings and demonstrations to convey their messages of opposing the idea of having election before political reform.

The decision was made after rally leader Suthep Thaugsuban met with core leaders of the seven rally sites last night.

Suthep earlier said the protesters would block the election, today appeared to have softened his stance. This was echoed in the statement by Akanat, who added that the rally supporters would still conduct their activities, as they want to underline that these are being conducted peacefully.

nationlogo.jpg

-- The Nation 2014-01-24

So, if they won't obstruct the election, then it can go-ahead - along with the by-elections in the 28 southern constituencies with no current registered candidates.

Absent a "national" emergency, that's the process the constitution calls for.

You need to read it again.

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

Oh - and did you know about the amendment to the 20% rule put in place by the Abhisit lead government?

First 2 runs in a by-election - candidate has to get more than 20% - 3rd run - the candidate with the most votes wins. That was a bit of a foot-shotgun maneuver by the democrats. They did it to prevent a boycott having an effect (except delay).

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Ok. This idiotic Elite serving Constitusion is about 8 years old and was a BS when it was written.

How about lowering the quroum for the Parliment to sit?

What is wrong with 85 percent of seat filled for it to function... or less.

Why can 7-8 provinces not sending MP's hold the whole country to hostage?

Or was this put in place to make sure that exactly this could happen if the Elites needed to scupper parliament?

Instead of flaming, please put in writing why the Parliament could not sit with 20 mps missing? 20 MP's I might add, that chose not to contest and chose to obstruct elections.

We have seen the fudge today and this is because they are now hedging. Maybe believe Suthep does not have the numbers to pull off his coup and are hoping to save their skins so they can come back and re-try this coup again later.

The little weasel Akanat was saying yesterday the really need the donations as some business backers not putting money in as they are afraid they PDRC cannot win. That from the horses mouth!!!

Steady on the flames please.

About 90 or more % of the 2007 constitution is identical to the 1997 version. The only real black blob is the 'coup makers' amnesty'.

The dissolution of parties is in both, the 2007 version only got 5-year ban added.

Read all about the 1997, 2007 constitutions and what's good or bad about it.

http://www.asianlii.org/th/legis/const/1997/

http://www.asianlii.org/th/legis/const/2007/

http://www.thailawforum.com/articles/Thailand-Eighteeth-Consititution.html

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Most of you are forgetting the reasons "why" the election was scheduled in such a rush and "why" the Govt is not keen to postpone it:

1. The 180 days for the Amnesty Bill has not expired yet which they can pass without hinderance if reelected soon

2. The dissatisfaction with payments for the Rice Scheme is growing daily, losing them support from their main power base

They can't and won't postpone.

So many people keep saying that - but why don't you relax? A new government can't be seated on Feb3, it will have to wait on the results of by-elections in the 28 blocked constituencies. By the time that is over, the 180 days will be up.

Thanks, I'm not an idiot and I do know they can't take office (if they win) on Feb 3rd.

What they can probably do however is take office BEFORE 10th May which is the date the 180 days expires. Get it now?

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MASS RALLY

Protesters will not obstruct election

BANGKOK: -- Anti-government protests will not do anything to obstruct the advance voting this Sunday or the February 2 election, rally spokesman Akanat Promphan said Friday.

However they would continue their gatherings and demonstrations to convey their messages of opposing the idea of having election before political reform.

The decision was made after rally leader Suthep Thaugsuban met with core leaders of the seven rally sites last night.

Suthep earlier said the protesters would block the election, today appeared to have softened his stance. This was echoed in the statement by Akanat, who added that the rally supporters would still conduct their activities, as they want to underline that these are being conducted peacefully.

nationlogo.jpg

-- The Nation 2014-01-24

I wonder if he has been warned off by the pack leaders?

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RT @tulsathit: RT @suthichai: Constitutional Court ruled a new decree can be issued to postpone election from Feb 2. -- PM and EC should work it out.

Just wonder who has the authority to nullify the current Royal Decree.

Just a guess, but probably the person that signed it? lol

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So now the whole country knows that it can be postponed within the constitution.

Over to you madam caretaker PM.

Oh I think you forgot the EC as well as they jointly have to work things out. Over and out...

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The EC has been telling the caretaker PM for some time that it is possible to postpone she has been saying it can not be postponed.

Over to her.

Good you are out.

The government wanted legal assurance. Won't fall into the trap of some EC commissioners who are on the side of the oppostions.

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Ok. This idiotic Elite serving Constitusion is about 8 years old and was a BS when it was written.

How about lowering the quroum for the Parliment to sit?

What is wrong with 85 percent of seat filled for it to function... or less.

Why can 7-8 provinces not sending MP's hold the whole country to hostage?

Or was this put in place to make sure that exactly this could happen if the Elites needed to scupper parliament?

Instead of flaming, please put in writing why the Parliament could not sit with 20 mps missing? 20 MP's I might add, that chose not to contest and chose to obstruct elections.

We have seen the fudge today and this is because they are now hedging. Maybe believe Suthep does not have the numbers to pull off his coup and are hoping to save their skins so they can come back and re-try this coup again later.

The little weasel Akanat was saying yesterday the really need the donations as some business backers not putting money in as they are afraid they PDRC cannot win. That from the horses mouth!!!

Steady on the flames please.

About 90 or more % of the 2007 constitution is identical to the 1997 version. The only real black blob is the 'coup makers' amnesty'.

The dissolution of parties is in both, the 2007 version only got 5-year ban added.

Read all about the 1997, 2007 constitutions and what's good or bad about it.

http://www.asianlii.org/th/legis/const/1997/

http://www.asianlii.org/th/legis/const/2007/

http://www.thailawforum.com/articles/Thailand-Eighteeth-Consititution.html

Fair point and I'll read up on that again when I'm not working

What I am saying, is physically there is no reason why parliament should not be able to function if 20 or so MP's decide not to contest and then obstruct others from doing it.

The CC are pontificating and trying to run PT out of Government. If they want to attain any respect or semblence of Neutrality, they could let parliament sit without anybody from the South until such time as elections can be held. If the people of the south really want to dissenfranchise themselves, let them live under majority rule as everybody else must.

There are solution and compromises out there to be had, but this is just a one sided attack on democracy by people who are staing that they are educated and neutral.... They are neither.

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MASS RALLY

Protesters will not obstruct election

BANGKOK: -- Anti-government protests will not do anything to obstruct the advance voting this Sunday or the February 2 election, rally spokesman Akanat Promphan said Friday.

However they would continue their gatherings and demonstrations to convey their messages of opposing the idea of having election before political reform.

The decision was made after rally leader Suthep Thaugsuban met with core leaders of the seven rally sites last night.

Suthep earlier said the protesters would block the election, today appeared to have softened his stance. This was echoed in the statement by Akanat, who added that the rally supporters would still conduct their activities, as they want to underline that these are being conducted peacefully.

nationlogo.jpg

-- The Nation 2014-01-24

I wonder if he has been warned off by the pack leaders?

Or perhaps they are not so worried as 295 (I think) MP's are potentially going to be banned for 5 years?

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RT @tulsathit: RT @suthichai: Constitutional Court ruled a new decree can be issued to postpone election from Feb 2. -- PM and EC should work it out.

Just wonder who has the authority to nullify the current Royal Decree.

Just a guess, but probably the person that signed it? lol

Ya, LOL, please nullify it and sign a new one.

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Most of you are forgetting the reasons "why" the election was scheduled in such a rush and "why" the Govt is not keen to postpone it:

1. The 180 days for the Amnesty Bill has not expired yet which they can pass without hinderance if reelected soon

2. The dissatisfaction with payments for the Rice Scheme is growing daily, losing them support from their main power base

They can't and won't postpone.

First post I've seen today that is downright true and gets to the heart of the matter!

Nothing but a bunch of speculation and BS

Only speculation is as to whether or not PT will postpone. The two points raised are absolute fact.

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Most of you are forgetting the reasons "why" the election was scheduled in such a rush and "why" the Govt is not keen to postpone it:

1. The 180 days for the Amnesty Bill has not expired yet which they can pass without hinderance if reelected soon

2. The dissatisfaction with payments for the Rice Scheme is growing daily, losing them support from their main power base

They can't and won't postpone.

So many people keep saying that - but why don't you relax? A new government can't be seated on Feb3, it will have to wait on the results of by-elections in the 28 blocked constituencies. By the time that is over, the 180 days will be up.

Thanks, I'm not an idiot and I do know they can't take office (if they win) on Feb 3rd.

What they can probably do however is take office BEFORE 10th May which is the date the 180 days expires. Get it now?

Let's see, 60 days minimum after the election to schedule by-elections (1st round)..... that takes you into April.

Now, if still no candidate gets 20% of the vote in 16 of them, another 30 days until the next round, then another 30 for the final. That's June.

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Only the misnamed Democratic Party is boycotting the election. The other parties are standing. Why should the election be postponed just because one party and their foot soldiers are causing trouble?

BJT have also called for a postponement since the court ruling. Edited by edwinchester
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So the court just threw the case right back at the EC. Now what? Can the EC change the date without the government approval? If either side disagree with the other side what happens? Seems the court did a terrible job making a decision here.

Given the line "The Court also clarified that the government and the Election Commission (EC) have the joint authority to postpone the election, namely by issuing a Royal Decree." I would suggest that the Court is saying 'sort it out between yourselves'

Now the ball is back in the Govt's court, do they push ahead and try for the election (it will fail, even if held) or do they back off and agree to postpone... guess its true colours time :)

It would clearly be stupid to go ahead with Feb 2nd given the current climate, but then stupidity seems to be the forte of both sides in this conflict. Both Suthep & Yingluck personify the concept of he blind leading the blind.

That said, hopefully the right decision will be made: Feb moved back a few months, Democrats get on board & finally try to win the hearts and minds of the rural farmers with fair policies, the rice pledging disaster will bring people together, PTP lose votes then there is a grand coalition including moderate elements of both sides, reforms agreed & made, Thailand moves away from polarization & becomes a more stable and fairer society.

Just a dream....

By the way, I have (inexplicably I think been accused of bias by Robbynz, one of the most blatantly pro-yellow anti-red posters. The above represents my position, Robbynz, don't think you can detect any there....maybe he's just as confused as he seems from his posts...
Where forgetting that some members are from New Zealand and may be better off sheep loving. Not to worry young son we all have our say and opinions.....

Sent from my i-mobile i-STYLE 8.2 using Thaivisa Connect Thailand mobile app

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PCAD Will Not Disrupt Election, Spokesman Insists

By Khaosod English.

BANGKOK: -- The leaders of the anti-government protest movements will not disrupt the upcoming election, a spokesman has insisted.

Mr. Ekkanat Prompan, spokesman of the People′s Committee for Absolute Democracy With the King As Head of State (PCAD), said that the despite the group′s opposition to the 2 February election, PCAD leaders have decided to let the election take place.

"We will not impede the advance-voting on 26 January and the actual election on 2 February," Mr. Ekkanat said.

His remark contradicted PCAD leader Suthep Thaugsuban who told the protesters yesterday that PCAD will employ every available means to disrupt the 2 February election. Mr. Suthep has previously demanded that an unelected "People′s Council" be established to implement "reforms" of Thai political system before any election can be held.

"I do not know the reason why he changed his mind," Mr. Ekkanat told reporters.

However, he said PCAD will still organise rallies and demonstrations on election days to stress their "reform before election" stance.

Mr. Ekkanat also hinted that individual protesters might stage activities to voice their opposition to the election on their own accord.

"We won′t prevent them from doing so, because it is their rights to express their beliefs," Mr. Ekkanat said, "But we will request that they stick to peaceful and non-violence principles".

Source: http://www.khaosod.co.th/en/view_newsonline.php?newsid=TVRNNU1EVTJNalU1Tmc9PQ==

kse.png

-- Khaosod English 2014-01-24

Looks like Suthep is on his medication today, hope he stays on it. He has done so much damage to the average joe bloe Thai person it's truly not funny...

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Ok. This idiotic Elite serving Constitusion is about 8 years old and was a BS when it was written.

How about lowering the quroum for the Parliment to sit?

What is wrong with 85 percent of seat filled for it to function... or less.

Why can 7-8 provinces not sending MP's hold the whole country to hostage?

Or was this put in place to make sure that exactly this could happen if the Elites needed to scupper parliament?

Instead of flaming, please put in writing why the Parliament could not sit with 20 mps missing? 20 MP's I might add, that chose not to contest and chose to obstruct elections.

We have seen the fudge today and this is because they are now hedging. Maybe believe Suthep does not have the numbers to pull off his coup and are hoping to save their skins so they can come back and re-try this coup again later.

The little weasel Akanat was saying yesterday the really need the donations as some business backers not putting money in as they are afraid they PDRC cannot win. That from the horses mouth!!!

Steady on the flames please.

About 90 or more % of the 2007 constitution is identical to the 1997 version. The only real black blob is the 'coup makers' amnesty'.

The dissolution of parties is in both, the 2007 version only got 5-year ban added.

Read all about the 1997, 2007 constitutions and what's good or bad about it.

http://www.asianlii.org/th/legis/const/1997/

http://www.asianlii.org/th/legis/const/2007/

http://www.thailawforum.com/articles/Thailand-Eighteeth-Consititution.html

Fair point and I'll read up on that again when I'm not working

What I am saying, is physically there is no reason why parliament should not be able to function if 20 or so MP's decide not to contest and then obstruct others from doing it.

The CC are pontificating and trying to run PT out of Government. If they want to attain any respect or semblence of Neutrality, they could let parliament sit without anybody from the South until such time as elections can be held. If the people of the south really want to dissenfranchise themselves, let them live under majority rule as everybody else must.

There are solution and compromises out there to be had, but this is just a one sided attack on democracy by people who are staing that they are educated and neutral.... They are neither.

No. You're being an obtuse farang complaining about every rule that doesn't go the way of your "side" complaining about the constitution, complaining about the courts and just about everything you don't like.

You complain more about this stuff than any Thai person I know including a bunch of strong red shirt supporters.

If you dislike the laws of the land that much, you have a number of options

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

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Most of you are forgetting the reasons "why" the election was scheduled in such a rush and "why" the Govt is not keen to postpone it:

1. The 180 days for the Amnesty Bill has not expired yet which they can pass without hinderance if reelected soon

2. The dissatisfaction with payments for the Rice Scheme is growing daily, losing them support from their main power base

They can't and won't postpone.

So many people keep saying that - but why don't you relax? A new government can't be seated on Feb3, it will have to wait on the results of by-elections in the 28 blocked constituencies. By the time that is over, the 180 days will be up.

Thanks, I'm not an idiot and I do know they can't take office (if they win) on Feb 3rd.

What they can probably do however is take office BEFORE 10th May which is the date the 180 days expires. Get it now?

Let's see, 60 days minimum after the election to schedule by-elections (1st round)..... that takes you into April.

Now, if still no candidate gets 20% of the vote in 16 of them, another 30 days until the next round, then another 30 for the final. That's June.

Yes, lots of "ifs". I think the Dems would prefer to be 100% sure that "if" PT are reelected there is no way the Amnesty can be resurrected.

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Look at it from the bright side guys!!rolleyes.gif

Thailand will not have any government in the foreseeable future!!clap2.gif

Not that it had any worth the name for the last couple of decades!!coffee1.gif

I think you may mean since 1932!

Sent from my i-mobile i-STYLE 8.2 using Thaivisa Connect Thailand mobile app

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Ok. This idiotic Elite serving Constitusion is about 8 years old and was a BS when it was written.

How about lowering the quroum for the Parliment to sit?

What is wrong with 85 percent of seat filled for it to function... or less.

Why can 7-8 provinces not sending MP's hold the whole country to hostage?

Or was this put in place to make sure that exactly this could happen if the Elites needed to scupper parliament?

Instead of flaming, please put in writing why the Parliament could not sit with 20 mps missing? 20 MP's I might add, that chose not to contest and chose to obstruct elections.

We have seen the fudge today and this is because they are now hedging. Maybe believe Suthep does not have the numbers to pull off his coup and are hoping to save their skins so they can come back and re-try this coup again later.

The little weasel Akanat was saying yesterday the really need the donations as some business backers not putting money in as they are afraid they PDRC cannot win. That from the horses mouth!!!

Steady on the flames please.

However much you might not like the constitution it is the highest law in Thailand with regard to how democracy is applied, and it has been approved at referendum by the population.

The reason why a certain number of elected MPs is needed to form a legal parliament, is to ensure that the democratically expressed wishes of Thais are not ignored. That the quorum figure is not set at 100% is, I believe, to allow for parliament to convene while still allowing for some election results to be unconfirmed (red- and yellow-carded candidates).

If the constitution were changed to allow a quorum with 20 MPs missing, why not 30, 40, 50 or 100?

What kind of democracy are you opening the door to then?

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RT @tulsathit: RT @suthichai: Constitutional Court ruled a new decree can be issued to postpone election from Feb 2. -- PM and EC should work it out.

Just wonder who has the authority to nullify the current Royal Decree.

I assume that the existing royal decree would not need to be annulled, being superceded by the new decree, proposed by the relevant authorities, the caretaker government and the EC.

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For now after reading various news reports, CC ruled

1. It is a POSTPONEMENT.

2. It is constitutional to POSTPONE.

3. 2 Feb royal Decree can be nullified in the form of issuing a new one to supersede it.

4, Selecting a new date is the joint responsibility of EC and government just like before.

I am still not clear on what legal basis CC made the ruling. The only legal basis is that they voted 8-0 that it is constitutional to postpone. Wonder if it is a new election law of CC. EC's reasoning was that they afraid of violence MAY erupt and that of wasting tax payers' money.

I hope the emergency law will help pave the way for a new election date.

More questions: If a Royal Decree can be nullified and superseded by issuing a new one constitutionally, will that set a precedent on future Royal Decree?

Anyway, we need judicial reform. As I said before, our legal system and judiciary are in a mess.

Edited by icommunity
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Ok. This idiotic Elite serving Constitusion is about 8 years old and was a BS when it was written.

How about lowering the quroum for the Parliment to sit?

What is wrong with 85 percent of seat filled for it to function... or less.

Why can 7-8 provinces not sending MP's hold the whole country to hostage?

Or was this put in place to make sure that exactly this could happen if the Elites needed to scupper parliament?

Instead of flaming, please put in writing why the Parliament could not sit with 20 mps missing? 20 MP's I might add, that chose not to contest and chose to obstruct elections.

We have seen the fudge today and this is because they are now hedging. Maybe believe Suthep does not have the numbers to pull off his coup and are hoping to save their skins so they can come back and re-try this coup again later.

The little weasel Akanat was saying yesterday the really need the donations as some business backers not putting money in as they are afraid they PDRC cannot win. That from the horses mouth!!!

Steady on the flames please.

About 90 or more % of the 2007 constitution is identical to the 1997 version. The only real black blob is the 'coup makers' amnesty'.

The dissolution of parties is in both, the 2007 version only got 5-year ban added.

Read all about the 1997, 2007 constitutions and what's good or bad about it.

http://www.asianlii.org/th/legis/const/1997/

http://www.asianlii.org/th/legis/const/2007/

http://www.thailawforum.com/articles/Thailand-Eighteeth-Consititution.html

Fair point and I'll read up on that again when I'm not working

What I am saying, is physically there is no reason why parliament should not be able to function if 20 or so MP's decide not to contest and then obstruct others from doing it.

The CC are pontificating and trying to run PT out of Government. If they want to attain any respect or semblence of Neutrality, they could let parliament sit without anybody from the South until such time as elections can be held. If the people of the south really want to dissenfranchise themselves, let them live under majority rule as everybody else must.

There are solution and compromises out there to be had, but this is just a one sided attack on democracy by people who are staing that they are educated and neutral.... They are neither.

No. You're being an obtuse farang complaining about every rule that doesn't go the way of your "side" complaining about the constitution, complaining about the courts and just about everything you don't like.

You complain more about this stuff than any Thai person I know including a bunch of strong red shirt supporters.

If you dislike the laws of the land that much, you have a number of options

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

As in many countries... bad laws fail. And this law was brought in to ensure Dem rule for all time and to have a few traps whereby Governments could be removed.

So, why can't a gov function with 20 MP's missing. Most of the time there are many more than that missing.

It's because it suits the failed alleged intellects who wrote this law. No other answer and the Dems or anybody else can chose not to contest elections.

I chose not to contest them as do many. What the hell difference does it make if the Dems chose not to. Then never done anything for the country other than give away land, give 35% increase budget to army, help out with the Palm oil scam.

So. why can 8 or 9 constituencies in the south with no interest in democracy hold up the democratic process.

Bet if Suthep needs them on side, they will be running to the poling booths crapping themselves that they forget who to vote for down there. Ever wondered why there is blanket support for suthep down there.... No, ... you need to read much much more.

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Despite Khaosod's utterly gratuitous last sentence, the EC has indeed constitutional authority. The Constitution Court has affirmed it, and Khoasod - and the administration - was wrong. The Yingluck administration said that the EC did not have the authority. They also insisted that a delay was unconstitutional. The Constitution Court ruled that assumption was wrong. And the administration - and Khaosod - should get over it. The Yingluck administration - and Khaosod - have egg all over their face. How's that for a Khaosod headline ?

As the Constitution Court says that the EC and the administration - jointly - have the power to delay, it obviously means that the administration will simply keep on their path, dictate to the EC or ignore it completely, and forge ahead. A terrible decision - but it's Pheu Thai - one can't expect them to suddenly be cured of their inclination to make terrible decisions. So the election goes ahead. In Udon Thani it will be a roaring success, and likely will go smoothly through at least most of the North. But the bets stop there, and it's anyone's guess what's going to happen elsewhere. But even if the whole thing went without a hitch, the numbers add up to a quorum-less parliament before it even starts. There is no endgame for the administration. And in the interim, there is an unprecedented lack of consensus in the country, a great deal of unrest, and an unlawful caretaker-imposed emergency decree, as the Yingluck administration is determined to exit the stage by delivering a good, swift kick to the media.

The constitutional court and the elites are one and the same making this up as they go along, and so are you.

I beg to disagree. This outcome was blindingly obvious to anyone who bothered to consider the constitution.

Just the fact that any election date is announced by the sitting government, after agreeing with the electoral commission, was the great big clue.

Neither the government, caretaker or otherwise, or the electoral commission have the right to unilaterally decide on an acceptable election date.

The election date must be agreed by both parties.

The constitution court has merely reaffirmed this and sent it back to both the government and the EC to reach agreement.

That the caretaker government has continually refused to discuss setting a new election date, is definitely more questionable and, in effect, contrary to the constitution.

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