Sir Gibbs: Do your job Mr EC

By LULU MAGINDE
CHIEF Justice and Acting Governor-General Sir Gibbs Salika says the Electoral commission (EC) and its commissioner are required by law to remove convicts and ex-convicts from contesting in general elections or holding any public office.
“It is the electoral commissioner (Simon Sinai) and his EC who are responsible to ensure that those with criminal records are prevented from contesting in general elections or holding any public office,” Sir Gibbs said.
“That is what I am trying to make him (Sinai) understand.
“He (Sinai) is trying to find out who is supposed to be doing all these (or the job).
“I do not know whether his (Sinai) lawyers are advising him properly,” Sir Gibbs lamented.
Sir Gibbs told The National that the responsibility lies with the commissioner under Section 87, subsection (4) of the Organic Law on National and Local Level Government Elections.
He further added that withdrawal of nomination may be one way a candidate with a past conviction can be removed; where a candidate is asked to withdraw, but under the provision, the EC has the power to reject or remove a candidate from participating in general elections.
“Section 87 subsection (2) stipulates that where, in relation to nomination, objection is made by anyone, or the EC on its own motion believes that a person who has been nominated is not qualified to be a Member of Parliament, the EC may reject the nomination.
“This specific section of the organic law refers to the requisites for nomination, or what is required of a candidate on nomination.
“There is a provision there that says that the commissioner can refuse.
“The commissioner should read (up the provision) and tell his lawyers,” he added.
After reviewing the legislation, Sir Gibbs said he was curious as to how the message would be passed on to the commissioner informing him of his legal obligations.
The Supreme Court on May 30 ruled that anyone convicted of a crime after June 25, 2002, would not be eligible to contest in General Election 2022 or remain as an MP.
The ruling was made after various questions of constitutional interpretations and applications were referred by the Attorney-General Pila Niningi seeking the court’s clarification of Section 103(3) of the Constitution which came into effect in 2002.