President can dissolve parliament if not advised before October 6th
August 2, 2018 7:49 pm
President Jioji Konrote has the right to dissolve parliament and issue a writ of election if the Prime Minister does not advise him on when to do this before October 6th.
Elections Supervisor Mohammed Saneem made this comment after an NGO group called Media Watch released a statement suggesting that the General Election will take place on the 26th of November.
The statement says that a possible dissolution of parliament was discussed as unlikely, as provided under section 62 of the constitution and in accordance with section 58(3), maybe done by the President through the support of at least two thirds of the members of parliament. It was discussed that under the current arrangement, this would require the Opposition to vote with government.
Saneem says this information is incorrect.
“This is also incorrect assumption of the constitution. PM does not have to take it to parliament, it is the prerogative given to the PM by virtue of the person being the PM to advise the President to dissolve parliament at a particular date.”
Saneem says that there are two ways to go about a writ of elections being announced by the President.
“On the 6th of October 2018 if by then the PM has not advised the President to dissolve parliament, then within 7 days of the 6th of October, the President can issue a writ automatically for parliament to be dissolved and elections to take place. But if the PM advises the President before that date, then within the seven days of the advice, the President has to issue a writ.”
Saneem says the report by the Media Watch Group lacks research and that the publication of the statement is misleading and has misconceived the law.