29 January, 2018
The Registrar of Political Parties has this afternoon lifted the suspension of PDP to allow the PDP to comply with the Political Parties (Registration, Conduct, Funding & Disclosures) Act, 2013 [ACT].
“Following the receipt of various documents from the PDP, we have established that the officials had neglected and/or failed to ensure that they had properly implemented the requirements of the PDP Constitution in particular, in relation to the appointment of an acting President following the resignation of Lynda Tabuya so that the Party was able to duly comply with the requirements of section 11 of the Act” explained Mohammed Saneem Supervisor of Elections and Registrar of Political Parties.
“We have therefore lifted the suspension so that PDP can hold a proper Management Board Meeting as per its Constitution and then appoint various office holders who can then sign off on the application required under section 11 of the Act.”
The Registrar has in his letter to PDP today also made known the following findings:
- Meeting of Management Board on 07 December 2017
It is noted that the minutes of this meeting were recorded by (the now resigned) Lynda Tabuya (the then President) and not the General Secretary as required by the PDP Constitution. The Registrar notes that the Constitution of PDP requires the presence of 5 Management Board members as quorum. In this case, it is noted that Felix Anthony, despite being present in the meeting, was not a member of the Management Board and therefore the Meeting on 07 December 2017 did not meet the quorum required pursuant to clause 11.3 of the PDP Constitution. *
- Office of the President of PDP
Following the resignation of Lynda Tabuya as President, the PDP was required under clause 19.3 of the PDP Constitution to ‘temporarily fill the vacancy via a vice president voted by a majority of the Management
Board.’ We find that PDP has 4 Vice President positions as per clause 20.1 of its Constitution and any of these 4 were eligible.
- Vice President
It is noted that only Vijay Sigh resigned as Vice President of the Party. Therefore, the PDP should, according to its Constitution have 3 other remaining Vice Presidents.
On the basis of the above findings, the Registrar has found that the absence of various Office Holders in PDP breaches its own Constitution and has therefore required the PDP to rectify this breach. The follow-on effect will facilitate the application under section 11 of the Act to be properly made.
“The office of the Registrar has taken this step to ensure that the Party is able to remedy the breaches and also urges office holders of all parties to ensure that they properly check the requirements under the Act and the Party Constitution in the performance of their functions therein.”
The PDP has until 28 February 2018 to remedy the breach failing which de-registration procedures under the Act will activate.
*Members of the media will note that it was this meeting that authorized the former President of PDP to sign an MOU with Social Democratic Liberal Party.
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