Africa-Press – Cape verde. The Constitutional Court (TC), through ruling 89/2024, of 3 November, dismissed the appeal challenging the ineligibility of six members of the MpD and UCID candidacies for the local elections of 1 December.
Following the request for challenge submitted by the PAICV candidacy, only the UCID candidacy exercised the adversarial system.
Although the MpD candidacy did not exercise the adversarial system, the Constitutional Court noted that “this fact does not prevent us from considering that the alleged ineligibility does not affect them due to lack of evidence regarding the alleged debt to the municipality of São Filipe”.
In the ruling, the TC considered that three conditions are necessary for a candidate to be disqualified based on the ineligibility of paragraph a) of article 420 of the Electoral Code.
It stated that there was a debt with the municipality to which the person was running, that the debt was in arrears and that the collection was carried out in accordance with the procedures provided for by law and that the debtor was asked to do so but had not done so until the moment when the TC assessed and decided on the appeal.
With regard to the UCID, ruling 89/2024 stated that no. 1 on the list for the Municipal Assembly provided proof that he was not in debt with the municipality of São Filipe and no. 4 on the list of alternates for the chamber “was never asked about the existence of any debt”.
Therefore, the TC considered the claim that they were ineligible under paragraph a) of article 420 of the Electoral Code to be unfounded.
Following the decision of the Constitutional Court, the representatives of the three candidacies, PAICV, MpD and UCID were notified for a meeting at 3:30 pm at the District Court of São Filipe to carry out the draw for the arrangement of the candidacies on the ballot papers.
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