By Kini Nsom
The frontline opposition party, the Social Democratic Front, SDF, has rejected the provisions of the draft law on the creation of the electoral body, Elections Cameroon, ELECAM, as a scandal and a provocative move by Government to tickle the bile of Cameroonians.
Did Inoni listen to Fru Ndi?
The bill no: 805/PJL/AN that sets up and lays down the organisation and functioning of elections in Cameroon, was tabled at the dawn of an extra-ordinary session of the National Assembly, December 14.
SDF Parliamentary Group Leader and member of the Constitutional Law Affairs Committee of the National Assembly, Hon. Joseph Mbah Ndam remarked: "This is a scandal because the electoral body will be everything but independent."
He said if the bill is adopted as it is, ELECAM will just be a pliant tool in the hands of the Head of State. He noted that the Ministry of Territorial Administration and Decentralisation has enormous responsibility in the electoral process.
Corroborating Mbah Ndam, the Deputy leader of the SDF Parliamentary Group, Hon. Joseph Banadzen said the Government has duped Cameroonians by tabling such a bill. According to him, such a bill is a testimony to the fact that the consultations carried out recently by Prime Minister Chief Ephraim Inoni were just a comedy to deceive Cameroonians.
He said everything in the electoral process will come back to square one if such a law is adopted. He said if the Head of State is given the powers to appoint ELECAM members for a mandate of three years renewable as many times as he wants, it means that he can still influence the appointees to favour his party because they will owe allegiance to him.
As the Constitutional Laws Committee began deliberating on the bill over the weekend, the SDF representatives, Hon. Emmanuel Yoyo and Hon. Joseph Mbah Ndam raised hell, insisting that enormous amendments be made to give ELECAM independence.
They insisted that Cameroonians are asking for an independent electoral commission not another "National Elections Observatory, NEO."
Nitty Gritty Of ELECAM
According to the provisions of the draft law that is under scrutiny, ELECAM will be made up of two organs; there will be the electoral Board and the General Directorate.
The Electoral Board is equal to the Board of Directors and has a supervisory role in the body.
The General Directorate runs the organs and does the day-to-day administration. According to the bill, only the Chairperson and Vice Chairperson have a salary.
The rest of the members have only allowances for the four sessions of the year.
Besides, their salaries and protocol ranks shall be defined by a Presidential decree.
The draft law stipulates that the Electoral Board shall draw up by-laws and that its members shall submit minutes of their deliberations to the Minister of Territorial Administration and Decentralisation.
The General Directorate is headed by the Director General and the Deputy Director General who shall be appointed by a decree of the President of the Republic. Their mandate is renewable as many times as it pleases the Head of State, but only after he would have consulted the Electoral Board.
It is equally stipulated that separate instruments by the President of the Republic shall lay down as when, the conditions for the implementation of the law. The Director General has the responsibility to submit the budget of ELECAM to Government which will be sent to the National Assembly as part of the Finance Law.
The CPDM MP for the Akwaya constituency, Hon. Paul Ayah described the bill as the best bill in recent times. He said the draft law is in tandem with the constitution because its operations fall short of the proclamation of results and the entertainment of election petitions.
Ayah took great exception to claims that ELECAM cannot be independent."The present draft law gives independence for ELECAM to conduct free and fair elections coupled with the Constitutional Council," Ayah said.
The MP cum Magistrate equally dismissed claims that members of ELECAM cannot be neutral and independent because they are appointed by the Head of State. Said he," in our context, it doesn't matter who appoints but who can dismiss. But in the present context, only ELECAM can dismiss whoever is appointed in case of a grave misconduct."
Contrary to certain interpretations, Ayah said the draft law makes it impossible for the Ministry of Territorial Administration and Decentralisation to have any significant influence on ELECAM.
He said the only thing the Ministry is allowed to do, is to defend the budget of the organ. Hon. Rose Abunaw Makia, the First Vice President of the National Assembly and a member of the Constitutional Laws Committee, said the bill stipulates the creation of a truly independent electoral body that matches the aspirations of Cameroonians.
According to her, even if there are any weaknesses in the Bill, just the fact that it has finally come is a good omen and herald for other good things to come.
During the extraordinary Parliamentary session, the Constitutional Laws Committee scrutinised bill no. 808/PJL/AN tailored to amend and supplement some provisions of Law no. 92/2 of August 14, 1992 to lay down the conditions for the election of municipal councilors.
The draft law proposes that the fees for candidates for municipal elections be raised from FCFA 10,000 to 25,000. MPs will also scan bill no 807/PJL/AN that proposes the amendments of some provisions of law no 91/20 of December 16, 1991, to lay down conditions governing the elections of MPs.
It proposes an increase in the fees of Parliamentary candidates from FCFA 50,000 to 500,000.
People who are not familiar with how a neopatrimonial system (presidentialism and clientelism) works will get excited when they read these citations about Law #this or Law #that, Bill #this and Bill #that and think that democracy is at work in Cameroon. This is a man who has been in power for 24+ years and is still manipulating this system so as to give himself more time. Wow, Ms Rose Abunaw Makia, the last time that I checked there were no roads in your locality and there is a certain town in your locality called Ekok where a military helicopter lands once every week to pick up Customs Duty. Ladies and gentlemen, Robert Mugabe's party ZANU has just extende his stay power by two years from 2008 through 2010; mark my words, come 2011, there will be no elections in Cameroon. Remember Dr. Acha Morfaw proclaimed that ONEL was running so well and was not influenced by the Minister or the presidency only to have her lies exposed when Biya himself admit the contrary to the International Community when he was begging for his debts to be cancelled. We now have Abunaw saying ELECAM shall be the gateway to free elections. Shall the members of ELECAM be appointed by biya or elected by the people at the local level? Who shall they be answerable to?
Posted by: Neba Funiba | Monday, 18 December 2006 at 02:40 PM
It is shocking what Mr. PAUL BIYA and his ASSOCIATES are doing to Cameroon and Cameroonians. What is the difference between ELECAM and NEO? Is this really the result of the Prime Minister’s consultation? I am sure the drafters of this devious bill have sold their soles to the devil. How can we talk of an Independent Electoral Commission when the commission is everything but independent? I can only predict, ELECAM will be worst than NEO because everything about it is dependent on the President. Can Cameroonians afford to bear all these manipulations? When shall Mr. PAUL BIYA and the CPDM stop buying time with different forms of deceptive institutional experiments.
ELECAM cannot be and will never be an independent electoral body so long as its members are appointed by Presidential degree. The consultation required in the appointment process in this Bill is a mockery and provocation to Cameroonians. Besides, the fact that ELECAM members can serve indefinitely, at the pleasure of the President is alarming. It is common knowledge that appointees always pay allegiance to those who appoint them. Therefore only those who are obedient to Mr. BIYA and carry out his instructions to the letter will be guaranteed the chance to continuously serve on ELECAM.
An independent electoral commission must be able to have TRULY independent members with a fixed mandate (not Presidential appointees serving at the pleasure of the President); with the power to entertain petitions of electoral malpractices; and the certification of electoral results. ELECAM is already a failed experiment even before it comes into existence.
Executive Director, Progressive Initiative for Cameroon – PICAM: www.picam.org.
Posted by: Eric Ngonji Njungwe | Monday, 18 December 2006 at 06:24 PM
Mr Eric,
This man will never understand what you are talking about. There is no such thing as independent "anything" in his culture. That is not the French system. In the French system of government, power comes from God to the Head of State. He and only He then decides who should get which quantity of that power and for how long.
Look at all the former French Colonies in Africa. There are governed in the say way. No accountability. Government is always right.
We are in a mess with these La Republic du Cameroun guys. We need an irreversible divorce, if there was every a marriage, between Southern Cameroons and La Republic du Cameroun.
We in Anglo-Saxon Southern Cameroons believe in the power of the people to elect their local leaders and hold them accountable. These guys don’t understand that. Look at what is happening in the University of Buea. Open Fraud. That tells you how they govern. Remember the strangle for the creation of GCE Board.
In a system in which the Head of State can appoint and replace just about everybody, from Supreme Court Judge to a Court Clerk, he becomes a god on earth. He rules with impunity. His servants like Fame Ndongo become prince.
We need a change and a big change. For those who doubt it, give change a chance. Joint the Southern Cameroons stangle. The current system has not worked for more than 40 years. we Cannot take chances with these guys any more.
Posted by: M Nje | Tuesday, 19 December 2006 at 01:45 PM
why wasting our time, it is needless talking about this same thing all the time, the solution is not a civil war but systematic elimination of state officials, from the DO´s to the head of state, just pop into one ministry and drom your explosives, the results will be felt after the explosion. ambush the socalled DO and SDO on thier develish meet the people tour, cut off the heads and silence every member of the delegation, ambush police and gendarme control post, seize their weapons and finish with the idiots, fons and chiefs dancing the cpdm dimabular should be dealt with,brutal assasination. kodock and bello bouba ambushed and assisinated.
Take note, Dipanda Alexis Mouelle, the lier at the helm of the supreme court, your death will be horrible, i need not tell you the strategy we shall put in place, you will declare Biya winner from beneath, the time is coming, my boys will be around, God´s endless purnishment to you all.Idiots.
Posted by: kisah | Tuesday, 19 December 2006 at 05:52 PM
We should definitely stop dreaming. As long as the system stays the same, there will never be an independent electoral commission. The survival of Biya’s regime depends on his ability to manipulate the elections. How can we expect a man to provide the rope that will hang him ?
Posted by: Edmond Nsheuko | Tuesday, 09 January 2007 at 04:59 PM