On the Municipal retreat from Dakar to Saly, Amadou Sène Niang, Consultant/Trainer in Local Governance, underlines that Barthélémy Toye Dias is authorized to participate in an informal meeting, but excluded from legal meetings.
Amadou Sène Niang Ruf clarified the legality of the municipal retreat organized by the city of Dakar in Saly Portudal, while responding to the controversy over the participation of Barthélémy Toye Dias. He explained that this retreat is not a legal meeting of the Municipal Council, because it is held outside the official premises provided for by the General Code of Local Authorities. Indeed, meetings of the Municipal Council must take place at the town hall or in ancillary premises, if the mayor decides so for justified reasons.
According to the Code, deliberations taken in illegal conditions are considered non-existent. Consequently, the decisions resulting from this retreat have no legal significance. Niang emphasizes that this meeting is rather a framework for updating, sharing and training, and in no way constitutes an official session of the Municipal Council.
In his capacity as a citizen, former municipal councilor and former mayor, Barthélémy Toye Dias is fully entitled to participate in this informal retreat, or even to chair it. On the other hand, he could not take part in an official meeting of the Municipal Council without express authorization. Niang also recalled that it is common in local authorities to invite external figures to intervene to shed light on municipal work, as was recently the case in Rufisque.
Here is the Tribune of Amadou Sène NIANG:
“Allow me to comment on the legality of the municipal retreat organized by the city of Dakar in Saly Portudal and the opposition made to Barthélémy Toye Dias from participating in this meeting.
First, the Municipal Council must sit at city hall. However, according to article 143 of the General Code of Local Authorities, the mayor can decide to bring it together
in premises annexed to the town hall, when the agenda warrants it.
Then we must differentiate between non-existent, void and voidable acts.
The acts taken are considered non-existent, in the event that the Municipal Council:
deliberates on an object foreign to its competence, publishes
proclamations and addresses, issues political wishes threatening territorial integrity and unity
national, communicates with one or more municipal councils outside of cases
provided for by law.
In fact, according to article 88 of the same code, when the municipal council deliberates outside of its legal meetings, the representative of the State takes all necessary measures so that the assembly separates immediately.
Deliberations taken in violation of a law or regulation in force are automatically void.
Deliberations in which interested council members took part, either in their personal name or as agents, in the matter which is the subject of the deliberations are voidable.
Finally, in the present case, we can consider that this retreat is not a legal meeting because it is held outside the headquarters and annexes of the town hall. Better we can simply say that this meeting is not a meeting of the Municipal Council. Any action taken during this retreat is considered non-existent. Besides, the city is not even in this logic. It's just a meeting to update, exchange, share and perhaps train.
This is why Mr. Barthélémy Toye Dias, in his capacity as a citizen or a former municipal councilor or ex-mayor can indeed take part in this retreat and even chair it.
On the other hand, he cannot take part in a legal meeting of the Municipal Council.
On the proposal of the mayor, the Municipal Council can authorize any personality to make a communication to enlighten its lantern.
During the last meeting of the Municipal Council of the city of Rufisque, on the proposal of Mayor Dr Oumar Cissé, the Honorable Members of Parliament Khady Sarr Thiandoum and Youngare Dione made communications in turn on their commitment to help resolve the financial problems encountered by the Old Town following the publication of the interministerial decree relating to the distribution of the Local Economic Contribution/Added Value (CEL/VA).
Consequently, the municipal councilor who opposed Barthélémy's participation in this annual retreat, well anchored in the practice of Dakar local authorities, does not have to worry, especially since it is not a question of a legal meeting”.
