ghts Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and BoundariesCommission (Interested
influencing the affairs of members.
156. It was therefore submitted that the Petitioners had not demonstrated to the required standard how their rights and fundamental
freedoms were violated, infringed or are threatened to enable the Court give redress within the ambit of Article 23(1) of the
Constitution. Further, it had been established that suspension of the IPPMS will impede the 2nd Respondent from carrying out its
functions of verification and certification of the political parties’ membership register, thus tainting the integrity of the nomination
process and that, there is no other register or alternative means recognized in law through which parties may conduct nominations
other than through the certified register maintained by the 2nd Respondent.
157. The Commission therefore prayed that this Court dismisses the instant Petition with costs.
Determination
158. The facts of this petition is largely not in dispute. What provoked this petition was the launch of the Integrated Political Parties
Management System (hereafter referred to as the “IPPMS” or “the System”) on the State’s e-Citizen platform by the Office of the
Registrar of Political Parties in conjunction with the Ministry of Information, Communications and Technology (ICT) on 10th
November, 2021. That this system was launched is also not in dispute. According to the 2nd Respondent, the system is a web
application developed to facilitate efficient and effective management of political party records in part fulfilment of the
requirements of Article 82(1) of the Constitution that mandates Parliament to enact legislation to provide for:
(a) …
(b) the nomination of candidates;
(c) …
(d) the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the
nomination of candidates for elections; and
159. According to the Commission pursuant to the requirement in Article 82(2) of the Constitution that legislation required by
clause (1)(d) must ensure that voting at every election (including the conduct of party primaries) is simple and transparent,
Parliament has, accordingly, enacted several legislations including the Political Parties Act to provide for the regulation of political
parties which Act is required by the Constitution to ensure that the nomination process of candidates by political parties is
transparent. It was submitted that Section 34 of the Political Parties Act mandates the 2nd Respondent to inter alia:
a. Register, regulate, monitor, investigate and supervise political parties to ensure compliance with the Act;
b. Verify and make publicly available the list of all members of political parties;
c. Keep and maintain a register of members of political parties;
d. Maintain a register of political parties and the symbols of the political parties;
e. Ensure and verify that no person is a member of more than one political party and notify the Commission (the 1st Interested
Party) of its findings.
160. To effect this mandate, it was contended that Section 34B(1) of the Political Parties Act empowers the 2nd Respondent to use
technology and more specifically to establish a political parties’ management information system through which it shall process
political parties’ data and records. Therefore, it was contended that this being the clear position in law, the launch and
operationalization of the IPPMS is sufficiently grounded in and compliant with the Political Parties Act which prescribes in Section
38C that the register that parties must use in conducting party nominations must one that has been verified and certified by the 2nd
Respondent.
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