Resolution of the Electoral Commission - Linyon Sanzman |17 August 2016

Martin Aglae can register his political party under Linyon Sanzman - EC

The Electoral Commission has resolved that Martin Aglae is allowed to register his political party using the name Linyon Sanzman.

In a communiqué issued yesterday, the Electoral Commission (EC) went over the background leading to the dispute over the use of the name Linyon Sanzman and its resolution after deliberating the arguments of both parties at the centre of this controversy. 

The EC communiqué reads:

Reference is made to the ruling of the court in respect of Linyon Demokratik Seselwa v Electoral Commission CS.No.579 of 2016 which states as follows:

1. A writ of certiorari is hereby issued quashing the decision of the Respondent in registering a political party using the name of ‘Linyon Sanzman’.
2. The following directions are issued:

a)        The Respondent is directed to hear both Applicants with the objective of resolving the contentious issues raised by the Petitioner in its letters of 10^th and 11^th March 2016 as well as the response of Mr Aglae as to why he used the name of “Linyon Sanzman”.

b)        The Respondent is also directed not to register any political party under the name of “Linyon Sanzman” unless and until the contentious issues as to the use of that name has been objectively resolved and settled.

c)        The Respondent is further directed to give reasons for its decision when resolving the matter in issue.

d)        For the avoidance of doubt, no political entity or grouping is authorised to use the term “Linyon Sanzman” as its name for any intent or purpose until the final determination of the contentious issue - referred to in para (a) and (b) - by the Respondent.

The Electoral Commission in compliance with the court direction proceeded as follows:

In compliance with direction (a)

Both Roger Mancienne (leader of Linyon Demokratik Seselwa) and Martin Aglae (leader of Linyon Sanzman) were written to on the 8 August 2016, and they were requested to meet with the Electoral Commission on 9 August 2016. Both applicants were asked to submit their reason as to why their application to be registered under the name “Linyon Sanzman” should be granted and both were given a copy of each other’s letters to make their comments.

In compliance with direction (b) and (d)

The Electoral Commission wrote to Martin Aglae on 2^nd August 2016 to advise him of the court order and to notify him not to use the name Linyon Sanzman.

In compliance with direction (c)

After the Electoral Commission has heard both applicants and requested that they also submit their arguments in writing, the Electoral Commission met on 11^th August 2016 to deliberate on the arguments raised by both applicants and the evidence placed before them. The Electoral Commission resolved that Martin Aglae is allowed to register his political party using the name "Linyon Sanzman" for the following reasons:

1. Linyon Demokratik Seselwa has been registered as a political party, they have campaigned under that name, selected candidates under that name and they had informed their supporters and the public accordingly.
2. Linyon Demokratik Seselwa has stated now that they cannot register under the name Linyon Sanzman and they do not want to be registered under that name as this will do more harm than good to their political party.
3. Linyon Demokratik Seselwa would like to reserve that name and to use it at a later stage.
4. Under article 16 (2) clearly states that "A political party or any other combination of persons shall not electioneer, or authorise a person to act on its behalf, in connection with, or take part in a specified election unless it is a registered political party". Consequently the use of "Linyon Sanzman" for electioneering during the second round of the Presidential Election 2015 by Mr Roger Mancienne and his group was illegal as the name was not a registered political party.
   1. For Martin Aglae, he has already started his campaign and selected candidates under that name. He has engaged in a certain amount of publicity using that name and already made known to his supporters and the public who are associated with his political party.
   2. The court did not in the order de-register the political party under the name Linyon Sanzman and under the Political Parties (Registration and Regulation) Act the Electoral Commission can only de-register a political party as per section 9 of the said Act. Article 9 (b) &(c) states as follows:

           (b) on proof to the satisfaction of the Commission that the registration of the party has been obtained by fraud or mistake;

           (c) on proof to the satisfaction of the Commission that the party has a purpose or object which is unlawful.

            There has been no evidence of fraud or mistake. The documents submitted for the application to register the political party were in accordance with Article 5 of the Political Parties Registration and Regulations Act.

           Furthermore, there has been also no evidence produced to demonstrate that the purpose or object of the political party, represented by Mr Martin Aglae, is unlawful.

1. Mr Roger Mancienne and his group have been able to register their political party albeit under a different name and they are now electioneering and preparing for the forthcoming National Assembly election.
2. Mr Martin Aglae cannot, as a political party until a determination is made by the Electoral Commission, electioneer and prepare for the forthcoming National Assembly election using the name "Linyon Sanzman".
3. Consequently, in reference to the Constitution of Seychelles for further guidance. Under Article 23 of the Constitution every person has a right to assemble and to form or belong to political parties. Under article 24 every citizen of Seychelles who has attained the age of 18 has a right:

(a)       to take part in the conduct of public affairs either directly or through freely chosen representatives;

(b)      to be registered as a voter for the purpose of and to vote by secret ballot at public elections which shall be by universal and equal suffrage;

            (c) to be elected to public office; and

            (d) to participate, on general terms of equality, in public service.

1. Based on who will be harmed more under article 24, is it Mr Roger Mancienne and his group who is already registered as LDS and electioneering or Mr Martin Aglae who currently cannot electioneer and prepare for the forthcoming election. To de-register the political party of Martin Aglae will be prejudicial to him, against the interest of democracy and will deny him his right to participate in government.
   1. The request of Linyon Demokratik Seselwa to reserve the use of the name “Linyon Sanzman” is not within the jurisdiction of the Electoral Commission and not within the provisions of the Political Parties (Registration and Regulation) Act.

Meanwhile Mr Aglae has already announced that his party will be taking part in the forthcoming National Assembly election under a newly formed political party called Lafors Sosyal Demokratik (LSD) – see separate article in Creole.