AG’s says referendum on elections complies with constitution

The Attorney General’s Office said on Tuesday that the planned referendum on holding presidential and parliamentary elections on the same day is being conducted in accordance with the Constitution.

Parliament, where the ruling People’s National Congress (PNC) holds a majority, has passed an amendment to allow presidential and parliamentary elections to be held together. The amendment also sets the current parliamentary term to end on 1 December.

Under the Constitution, any amendment affecting the term of parliament must be approved by a majority of voters in a referendum.

President Mohamed Muizzu issued a decree on 16 February to hold the referendum on 4 April, the same day as the local council elections.

The question set out in the decree asks whether the president should approve the amendment passed by parliament to hold presidential and parliamentary elections together and to define the rules for calculating the parliamentary term.

Former Supreme Court Justice Husnu Suood said on Monday that the question does not comply with the Constitution, stating that it does not directly ask voters whether they agree to shorten the term of the current parliament.

In a statement issued on Tuesday, the Attorney General’s Office said it had noted the circulation of information that could mislead the public regarding the referendum and the legal process.

The office said the referendum is intended to determine whether the public approves the Eighth Amendment to the Constitution, passed by parliament on the 10th of last month.

According to the statement, the amendment provides for holding parliamentary elections at the same time as the presidential election and includes changes to the calculation of the parliamentary term, including setting the start date to 1 December and shortening the current term.

The Attorney General’s Office said certain constitutional amendments require approval through a referendum under Article 262(b) of the Constitution.

The statement noted that Article 79(a), which relates to the calculation of parliamentary terms, is among the provisions covered by Article 262(b).

It said the amendment to Article 79(a) will only take effect if approved by voters in the referendum.

The office said the procedure for conducting the referendum is set out in the Constitution and the Public Referendum Act.

It added that the question proposed in the referendum is consistent with these provisions and that any alternative interpretation would not align with legal and constitutional principles.

Meanwhile, two cases were filed at the Supreme Court on Tuesday seeking to annul the amendment and halt the referendum.