Barthélémy Dias was dismissed from Dakar town hall due to his ineligibility. This decision came after a referral from young Dakar voter Beyna Gueye, on the basis of articles L29, L30 and L277 of the Electoral Code. However, the ineligibility of Barthélémy Dias could be called into question based on a recent modification of article L29.
Indeed, article L29 of the Electoral Code was modified under the Macky Sall regime by law n°12/2023 which modified law n°21-35 of July 23, 2023.
According to the last paragraph of this article L29, the ban on registering on the electoral lists lasts 5 years after the expiration of the “sentence pronounced”, except in the case of serious crimes such as drug trafficking or financial offenses…
This text does not speak of the final conviction of December 22, 2023 by the Supreme Court, but of the “sentence pronounced”. And it was in February 2017 that Barthélémy Dias was sentenced to 6 months in prison, a sentence he served. This means that the 5-year period of ineligibility should end in 2022, based on the literary understanding of this text.
So according to the amended article L29, does Barthélémy Dias regain his eligibility? In any case, he has a period of 10 days, in accordance with article L277 of the Electoral Code, to contest his “revocation” by the prefect.
The decision of the Court of Appeal on this question will therefore be eagerly awaited. The said court will necessarily say what is meant by “sentence imposed.” »
Senegal
