ALN WELCOMES THE DECISION BY THE KENYAN SUPREME COURT TO NULLIFY ELECTION RESULTS

 
The largest political affiliation in Africa, the Africa Liberal Network, welcomes the decision by the Kenyan Supreme Court to nullify the results of the national election that took place on 8 August. The National Super Alliance (NASA) coalition petitioned the court to challenge the election results as they claimed that the elections were rigged and fraudulent. Raila Odinga, the leader of the Orange Democratic Movement, a full member of the ALN, and the leader of the NASA coalition lauded the decision by Chief Justice David Maraga on 1 September as a precedent-setting judgment. The Supreme Court reached a conclusion that the elections were not conducted in accordance with electoral law and that a new election has to be held in 60 days. This is the first time that an African court has overturned an election.

Kenyan Supreme Court judges nullified the results of the elections after a petition by the opposition. REUTERS/Baz Ratner

DA HOSTS ZAMBIAN OPPOSITION LEADER FOLLOWING HIS RELEASE

 
The Democratic Alliance (DA), full member of the Africa Liberal Network, hosted Zambian opposition leader, Hakainde Hichilema, in Cape Town for a press briefing today. This comes soon after the leader of the United Party for National Development (UPND), also a full member of the ALN, was released from prison after false charges of treason were brought against him and four others. Hichilema was hosted by Mmusi Maimane, leader of the DA, South Africa’s official opposition party, and Stevens Mokgalapa, president of the ALN.

Maimane claimed that the “struggle for democracy in Africa has only just begun” and that a new generation has the duty to break the legacies of liberation movements and the dictators they consequently created. He reasserted their shared interest in “the values of democracy, constitutionalism, the rule of law, the advancement of human rights across Africa, intolerance of corruption and a commitment to the defence of an independent judiciary and a free press.”
Hichilema highlighted the facts of his arrest and trial, as well as the current state of affairs in Zambia, stating that President Lungu’s control over the country is akin to that of a dictator. He thanked all involved in his release and reconfirmed his commitment to democracy in Zambia as well as the African continent: “I want the best for Zambia and I want the best for Africa… so let us all work towards that.”
The ALN will continue to work tirelessly with its member parties for the promotion of liberal values in Zambia and the rest of the continent in order to achieve a better future for all. A future that is based on the rule of law, freedom of expression and the entrenchment of human rights.
 
Read the full statement by Mmusi Maimane here
Read the full statement by Hakainde Hichilema here

STATEMENT OF THE AFRICA LIBERAL NETWORK ON THE KENYAN ELECTION RESULTS 

The largest political affiliation in Africa, the Africa Liberal Network, takes note of the decision by the National Super Alliance (NASA) coalition to challenge the Kenyan election results. Raila Odinga, the leader of the Orange Democratic Movement, a full member of the ALN, and head of NASA, announced on 16 August that they will be petitioning the court to investigate claims of fraudulent and rigged elections. Kenyans took to the polls on 8 August, but the release of the results were soon labelled as false by opposition parties.
The Independent Electoral and Boundaries Commission (IEBC) declared President Uhuru Kenyatta the winner of the elections with 54% of the votes, however the NASA coalition disputes these results as they claim that the IEBC database and servers has been hacked and an algorithm introduced to rig the votes. International election observation missions labelled the Kenyan elections as free, democratic and fair, and said that it took place without incident, but the Carter Centre raised some concerns about the early release of results. Protests by opposition supporters in certain parts of Kenya was met with police suppression and brutality. “By going to court we aren’t legitimising misplaced calls from some observers for us to concede but are seeking to give to those who braved the long lines in the morning chill and hot afternoon on Tuesday 8 August 2017…a chance to be heard,” reads a statement by Odinga.
The ALN welcomes the decision by NASA to follow due process in challenging these election results and calls on all Kenyans to remain calm and respect the rule of law, without inciting violence. The network also calls on the Kenyan government and President Kenyatta to offer their cooperation in clearing up the matter of the disputed election results. An independent investigation has to be completed without interference in order to let democracy prosper. It is of the utmost importance that peace reigns in these worrying times.
The ALN supports its sister party in its legal battle, and will continue to fight for liberal values, not only in Kenya, but over the whole of Africa.
Media enquiries:
Zanie Ferreira (ALN Coordinator)
zanie.maree@africaliberalnetwork.org

STATEMENT OF THE AFRICA LIBERAL NETWORK ON THE RELEASE OF ZAMBIAN OPPOSITION LEADER HAKAINDE HICHILEMA

 
Note to editors:
The Africa Liberal Network is Africa’s largest political affiliation, consisting of 45 member parties from over 25 countries. The following statement and remarks are provided by the newly-elected ALN President, Stevens Mokgalapa MP, the South African Shadow Minister for International Relations and Co-operation (Democratic Alliance).
 

Zambian opposition leader, Hakainde Hichilema, was released on 16 August (Reuters/Rogan Ward)

OALY-LEAD notes with serious concern violence on campuses in South Africa as Student Representative Council election season gets underway in the country.
The attack on the leadership of the DA Youth and the DA Student Organisation in Polokwane, a Province in South Africa, shows a total high level of political intolerance and raises a concern about freedom of participation in a democratic South Africa.
We call on all students to respect freedom of choice and association and allow a space for free and fair elections to take place without any form of intimidation.
Young people in Africa should show understanding and maturity in safe-guarding the good principles of democratic processes.
Young people are the ones to reshape Africa as a continent that builds peace and political stability.
For media enquiries:
Lebo More
President of OALY-LEAD
+27 (0)731437508
lebmore@gmail.com

Dear Adil,
I came across the above article dated 18th February 2013 on the website of the Liberal Democratic Party – Sudan (LDP) which I read with great interest.
However, it is my opinion that the piece does not give the full picture. I think the below points should be given due consideration in order to be able to portray a more balanced view of the situation.
The Republic of Sudan and the Republic of South Sudan entered into negotiations under the guidance of the African Union High Level Implementation Panel for Sudan and South Sudan and signed a number of agreements in Addis Ababa on 27th September 2012. There were further negotiations at beginning of January 2013.
In the “Agreement on Certain Economic Matters” it was settled under Para 6, inter alia, to pursue a joint approach to the international community to gain support  for programmes and projects responding to urgent development challenges in both countries.
As the Federal Republic of Germany has pledged with other countries to actively support the peace and reconstruction process in and between the two Sudans, it responded positively to a request from the two governments in accordance with the aforementioned agreement to have a “Germany – Sudan and South Sudan Business Day” organised by German business through the Afrika Verein (German-African Business Association) and the Arab-German Chamber of Commerce and Industry.  So the Business Day took place on 29th January 2013.
Business interactions in and with other countries were indeed postponed as mentioned in the article, but will take place this year. The delay was due to the fact that the negotiations had not been finalised and had not covered all problem areas yet. As I have heard the interactions in and with Turkey will happen soon and other countries are very keen to follow.
The business interaction was not a Government activity though it had the support of the German Government in line with the agreements mentioned and the objective to bring peace and development to the region, specifically to Sudan and South Sudan.
As the business day in Germany was held under the patronage of the German Government, the Foreign Minister opened the meeting with a welcome speech. In this he pointed out that peace and reconciliation between the two countries require economic development, economic interactions and social participation.
One of the building blocks for a brighter, more democratic, more prosperous future for all is the establishment of a vibrant and open economy, in which all citizens have the opportunity to participate. Doing business in such an environment is what Germany is interested in. The shift to such an economy,however, is not easy and will require much time and many negotiations of all sorts. One must start somewhere.
The minister put particular emphasis on the fact that the existing problems in Dafur, Kordofan, Blue Nile and Jonglei as well as in other places and regions have to be solved.
He stressed that the German government supports the peace process to help the people, the human beings in both countries. In addition and very importantly,he expressed the view that the potential of the region can only be of advantage to the people if the following preconditions exist: 1) Good Governance, 2) the rule of law and 3) the comprehensive realisation of human and civil rights. Only once these preconditions are fulfilled can the two states have a bright future. According to the minister, a vital part of these conditions is that civil society organisations as well as the media can work freely and without constraints.
The above shows that Minister Westerwelle is aware of the problems which the article points out and is pushing for the implementation of key liberal values.
In a way the article calls for a boycott of the Sudanese Government due to its terrible record of human rights violations, the misuse of public funds and corruption. I am aware that there are two schools of thought: one that calls for a boycott,no interactions with government and a constant attack on the regime. The other school argues for continued interaction without denying the violations but bringing those up only in each and every interaction.
From my own experience I would advocate against a boycott as that will not bring about a solution. Cutting off all interactions would rob one of the opportunity to influence the situation entirely. It would also stand in the way of developing an exit strategy for the powers that be. I do not see that a boycott will aid in changing the government or the actions of people in government. Their stance would harden. Hostility would grow. I am also aware that interactions will not bring an immediate or short term change. The transition from corruption and oppression to peace, democracy, openness and equal opportunity for all is a slow and painful process and I can understand that one might become impatient.
I am sure that the African Liberal Network to which LDP is a member will help to push for democratic reforms and its implementation in all member countries.
Kind regards,
Hubertus
Hubertus von Welck
Regional Director
Friedrich-Naumann-Stiftung für die Freiheit
Regional Office Africa
PO Box 1130
Parklands 2121
South Africa

Under the sponsorship of the German Government, a conference to promote international investment in Sudan took place in Berlin on 29 January 2013, having been postponed from October 2012 due to the attack on the German embassy in Khartoum.
Despitean attack on its embassy, the German Government remained committed to thisconference. This is striking given that similar conferences planned in Turkeyand Norway for March 2012 were cancelled due to lack of support from EU, USadministration, and other international bodies.
The Liberal Democratic Party – Sudan (LDP) considers that this conference will only prolong the life of one of the most corrupt regimes in the world. It is an awkward step from a democratic state like Germany. Through the eyes of the Sudanese people, this conference has been perceived as undeserved support for the dictatorship in Sudan that would only perpetuate the failure to manage national resources, and prolong the conflict and resulting suffering of the Sudanese people.
Sudan faces many challenges, including instability and insecurity, which continue to undermine the fragile peace building process.75% of the national revenue is wasted on military expenditure and corruption.According to Wikileaks, forty-four Government companies were listed as part of money laundering, drug dealing, and weaponry to LRA and other militants in Africa; and between 1999 and 2012, 17 billion dollars of the national revenue were illegally transferred to Government official’s private accounts in Malaysia. Transparency International, a German based organisation, report for 2012 listed Sudan as oneof the most corrupt regimes in the world occupying number 174 out of 175 countries evaluated by the organization. The International Monetary Fund reported the Sudanese economy as the worst in the world for the year 2012.
In principle, LDP welcomes international efforts by aid and development operations which will contribute to the settlement of the Sudanese crisis. However, the LDP emphasizes the importance of considering the people’s legitimate demands for regime change, peace, stability, democracy,freedom and justice. These should be secured first.
LDP receives the German Government’s sponsorship ofthis conference equates to unproductive support for the dictatorial regime inSudan, which contradicts Germany’s moral responsibilities and is contrary to humanitarianprinciples. Therefore, LDP callsupon the German Government to immediately refrain from contributing to thesystematic crimes against the Sudanese people by financially supporting theon-going wars and human rights violation committed by the regime and its suspectswanted by the International Criminal Court.
LDP seizes this opportunity to remind all thosesupporting the Government of Sudan to consider the regime’s deliberatefood-blockage against the civilians in Blue Nileand Nuba Mountains, as well as the on-goingkilling of civilians by the government sponsored militia-men in Darfur.
LDP appreciates the longstanding support of theInternational Community to the Sudanese people through its humanitarianoperations. The LDP counts onfurther extension of such support to find lasting peace accords, democracy andfreedom.

The Constitutional Court of Seychelles has declared the dissolution of the National Assembly on July 12, 2011, unconstitutional and ordered Speaker Patrick Herminie to proceed forthwith with reconvening the Assembly.
In an urgent session on Monday July 18, a three member Court with Judges Karunakaran, Renaud and Dodin took the petition filed by SNP legal counsel Bernard Georges in the name of two members, Nicholas Prea and Jean-Francois Ferrari. The petition averred that the dissolution was illegal because a critical provision of the Constitution, Article 111, had not been followed. This article required that a motion for dissolution of the Assembly could only be taken up in a meeting specially called for the purpose. The petition filed by Mr. Georges submitted that the motion had been taken as part of the ordinary session on Tuesday, and that members had not been informed beforehand that the matter was to be considered.
At the same time, the Court took up a similar petition filed by Parti Lepep MNA Clifford André, seeking the same declaration. This totally unprecedented move by a Parti Lepep MNA against an action by his own party had obviously been brought to take some attention away from the SNP petition. Clifford André had himself voted in favour of dissolution, together with all other members of his party. His decision to file a petition against the decision shows a complete contradiction and confusion of the members of Parti Lepep.
In a unanimous decision, the Court was categorical that the Constitutional requirement for dissolution had not been followed and the resolution had to be reversed immediately. The Court ruling shows Speaker Patrick Herminie to have been entirely in the wrong in allowing the motion for dissolution brought by Leader of Government Business, Marie-Lousie Potter. Herminie has repeatedly shown poor judgement and a lack of understanding of his role as Speaker. The SNP has now called for his resignation as Speaker.
July 18, 2011

The Seychelles National Party condems the illegal dissolution of the National Assembly in the session of Tuesday July 12, 2011, and the blatant disregard for the Constitution which this manoeuvre represents.
Article 111 of the Constitution, under which the Assembly has been declared dissolved, states clearly that dissolution can only be tabled at a meeting “summoned for the purpose”. This obviously calls for a special meeting, with the motion for dissolution indicated on the Order Paper for the meeting. The intention of the article is clearly to give notice to all members that dissolution is to be considered, and to give all members the right to speak and vote on the motion. The resolution in an ordinary session without notice of the motion makes the dissolution unconstitutional and illegal.
The participation of the Ms. Jane Carpin in the vote for dissolution is also illegal because Ms. Carpin had already been removed as a Member of the National Assembly by Opposition Leader Wavel Ramkalawan. The notification of Ms. Carpin’s dismissal was communicated to the Speaker of the Assembly, Mr. Patrick Herminie, immediately after Ms. Carpin had voted for the Constitutional Amendment tabled in the morning session. The vote therefore did not have the requisite two-thirds majority of members of the Assembly. In the matter of dissolution of the Assembly, Speaker Herminie has deliberately manipulated the presentation of the motion and acted without regard for Assembly procedures.