• Experts say demanding transitional government unconstitutional, dead issue
The House of Peoples’ Representatives’ latest bill seeking for constitutional interpretation to close legal loopholes regarding coronavirus induced poll delay is the best and unchallenged constitutional option , legal experts say.
The 6th Ethiopian general elections that were scheduled to take place on August 29,2020 have been postponed indefinitely because of the global health crisis caused by COVID -19. Moreover, over fifty countries across the world have already extended Election Day for the same reason.
Here in Ethiopia, the postponement of the general elections has been the most heated argument recently among politicians. Some say it is unconstitutional to extend term of office for a given government more than the five year tenure in the Federal Democratic Republic of Ethiopia (FDRE) constitution and so call for immediate formation of transitional government drawn from all political parties when the incumbent office term is over on October 10, 2020.
They have also urged the government to engage in all- inclusive dialogue with contesting parties.
Others have been pushing for constitutional interpretation option by relevant bodies to resolve such constitutional deadlock once and for good.
For legal expert, Tamrat Kidanemariam, demanding constitutional interpretation from Council of Constitution Inquiry under the auspices of the House of Federation will close permanently the legal loopholes related to the raised issue.
As to him, FDRE constitution does not specifically state legal terms, if a given government fails to hold general elections due to natural disaster like COVID-19 before its tenure expire.
He, therefore, says constitutional interpretation is a must to this end as it provides legal preconditions whether to extend the stated constitutional term of office or not in such circumstances.
Tamarat further says among the four constitutional options that were tabled to extend the term of office under the present difficult situation, constitutional interpretation is the best since it helps the incumbent and the public large to focus on battling the virus by all means.
He also indicates: “The Council of Constitution Inquiry may not necessarily choose the option we are talking about. It could ask the prime minister to dissolve the parliament or run the country under State of Emergency until the threat disappeared.”
Entirely agreeing with Tamrat, legal expert Mulugeta Belay says constitutional interpretation is the only legal way out for the existing loopholes in the constitution regarding election postponement during natural catastrophes that might occur at the end of constitutional term of office.
Responding to those who call for transitional government after October 10, 2020, he says it is unconstitutional and the file for transitional government is dead so long as the country is governed by the constitution.
“FDRE constitution clearly states under article 9 that the state power is held only by elections. Therefore, such demand does not hold water and it is also illegitimate to urge the incumbent to uphold the constitution while violating one of the core principles of the constitution in a broad daylight,” he adds.
Mulugate also underlines that the incumbent has more legal and moral responsibilities in terms of putting control the pandemic and safeguarding the peace and security of the country and the general public at any cost.
The Ethiopian Herald May 12/2020
BY DANIEL BEYENE
