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 the town hall. However, according to article 143 of the General Code of Territorial Communities, the mayor can decide to meet in premises annexed to the town hall, when the agenda justifies 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 national unity puts itself in communication with one or more municipal councils outside the casp reviewed 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 *null*.
Are *cancellable* the deliberations in which interested council members took part, either in their personal name, or as agents, in the matter which is the subject of them.
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's territorial communities, does not have to worry, especially since it is not a question of of a legal meeting.
Amadou Sene Niang
Consultant/Trainer in Local Governance
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