Associate Professor of Public Law, Sidy Alpha Ndiaye, announced yesterday, Sunday May 5, the launch in the coming days of debates on the major institutional reforms announced by the new regime of President Bassirou Diakhar Faye. Guest of the day on the show Objection on Sudfm radio, Professor Sidy Alpha Ndiaye indicated that these discussions will focus on several questions including the reform of the Penal Code with limitation of the powers of the prosecutor, the creation of a judge of freedoms and detention, the reform of police custody, the creation of a Constitutional Court and the replacement of the current Cena by a Ceni but also the opening of the Superior Council of the Judiciary.
The major institutional reforms announced by the new regime of President Bassirou Diomaye Diakhar Faye will soon be underway. The announcement is from Professor Sidy Alpha Ndiaye. Guest of the day on the Objection show on Sudfm radio yesterday, Sunday May 5, the associate professor of public law at Cheikh Anta Diop University in Dakar indicated that the launch of debates on these major institutional reforms will take place soon. Concerning the subjects which will be debated during these discussions, Professor Sidy Alpha Ndiaye mentioned among other things the in-depth reform of the current Penal Code dating from 1810 with, according to him, the possible reduction of the powers of the Prosecutor and the creation of the judge freedoms and detention, in addition to the reform of police custody. “In the weeks to come, all these questions which were to be the subject of debate during the electoral campaign period and which could not be agitated for political reasons through the instrumentalization of the pre-campaign agenda by the outgoing regime, will be debated in their entirety and in their entirety,” he assured.
Still on the subject of questions included in these consultations on institutional reforms, Professor Sidy Alpha Ndiaye also raised the controversial question of “hyper-presidentialism” through the reduction of the powers of the President of the Republic and the strengthening of those of the Prime Minister. Far from stopping there, the Associate Professor of Public Law also noted the need to discuss the rupture in the organization of elections through the creation of an Independent National Electoral Commission (Ceni) disconnected from the Ministry of the Interior with an eclectic plural composition but also open to profiles other than legal technicians. Which Ceni will be endowed with the skills of the General Directorate of Elections (Dge) and those of the Autonomous National Electoral Commission (Cena). The opening of the Superior Council of the Judiciary to members other than magistrates and the withdrawal of the President of the Republic and the Minister of Justice from this body are also mentioned by Professor Ndiaye as subjects which could be included on the menu of these debates. The same applies to the reform of the current Constitutional Council into a Constitutional Court composed in a plural manner with the possibility of allowing the parliamentary opposition to propose a member but the strengthening of its powers, including in particular the power of self-referral. .
Publication of reports from control bodies: “This is an example of the re-enchantment of democracy”
Speaking on the publication of the reports from the Court of Auditors and Ofnac, Professor Sidy Alpha Ndiaye, while welcoming this approach, emphasizes that it is an example of the re-enchantment of democracy. “The publication of these reports is an example of the re-enchantment of democracy. For Ofnac, the prosecutor will judge the appropriateness of the prosecution even if, reading these reports, the question does not even arise. As for the Ige that the President of the Republic wants to detach from the Presidency in an organic manner, which is also an element of transparency, the President will do what is necessary. For the Court of Auditors, it will be a matter of ensuring respect for the principle of accountability through the Ministry of Justice,” he indicated before adding. “We must welcome the publication of these reports which are the symbol of poor governance, of a State which was not truly a State governed by law, I mean a State which is subject to the law. Because with power comes responsibility. Otherwise, we are arbitrary. We must also be pleased that legal action can be taken because this is the expectation of the popular masses who mostly voted on March 24.”
Precautionary measures from the head of theState against the sale of land and coastline: “The question of land is not simply a question of legal technique…”
Furthermore, questioned on the precautionary measures to suspend all state operations taken by the Head of State, the Associate Professor and Researcher in Public Law responding to those who evoke legal provisions to decry this measure taken by President Faye will declare : “The question of land is not simply a question of legal technique but it is also a question of ethics and social justice, of distribution of resources, an ontological cultural question of access to land”. Thus continuing his reflection, Professor Sidy Alpha Ndiaye while asking himself “do local populations have access to land? », specifies that land in Africa refers to cultural, identity and anthropological considerations.
“I hear in the debate certain specialists agitating the idea that these lands would have been allocated while respecting a certain legal technique. But, is it normal for politicians holding positions of power to be able to acquire 600 hectares of national land? The answer is definitely no. “, he insisted before adding. “Is it normal for a president not to take up this issue of land spoliation not to demolish, to stop definitively but to suspend in order to see if the conditions have been respected, if the rules relating to decommissioning have been respected, in order to see if there is equity and justice in this matter of land distribution.”
