“a prefect does not have the authority to dismiss a mayor”

“a prefect does not have the authority to dismiss a mayor”
“a prefect does not have the authority to dismiss a mayor”

Me Moussa Bocar Thiam was the guest of the Grand Jury on the Rfm, this Sunday, December 15, 2024. Questioned on the irruption of the police at the town hall of Dakar to dislodge Barthelemy Dias and prevent him from holding his press conference, the lawyer and former Minister of Communication under the old regime, stressed that “the excitement is everywhere in the country and that all Senegalese are surprised because they are practices that we all ban.”

For the black dress, “it surprised more than one that these facts are happening today in 2024, after a change of regime coming from Ousmane Sonko, Prime Minister, coming from Diomaye Faye, President of the Republic. It is surprising since they are the ones who have always claimed that the right, fundamental freedom must be respected, (the right to demonstration, assembly, the right to resistance…).

However, Me Bocar Thiam declared that the dismissal of Barth from the town hall of Dakar should not come from the Prefect, “He should have referred the matter to the President of the Republic who issues a decree, but a prefect does not have the competence to dismiss a mayor, impossible,” said the lawyer and former minister of communications under Macky Sall.

Still in his explanations, Moussa Bocar Thiam is of the opinion that article L 277 of the electoral code mentioned in this matter is unnecessary. “Article 277 of the electoral code does not apply in this matter, it is heresy since in the territorial policy code, it is clearly provided that a mayor who commits a crime is dismissed and removed from office. There is a procedure provided for in the code. There are offenses that a mayor commits during his mandate, these offenses if there is a case of ineligibility, it is the code of local authorities which provides for it and we are not going to invoke an electoral code then that the person has held this position for two years and there is no new fact.”

According to the lawyer: “in this case, the only applicable provisions are the provisions of the local authorities code”.

Senegal

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