At the end of their General Assembly held on Friday 16 June 2017 in the Bamako Court of Appeal, some judges expressed their total opposition to holding a referendum on 9 July, on the grounds that there had been a violation of Article 118 of the Constitution in force.
They believe it is time to begin a relentless battle for the outright withdrawal of the draft constitutional amendment, beginning with the filing of an unlimited strike notice.
“We do not want a referendum that is in flagrant violation of the constitution.” That is the position of some magistrates.
By inviting all Mali’s magistrates to an extraordinary general assembly on Friday, magistrates from various trade unions showed their determination to fight not only for the satisfaction of their suffering grievances but also and above all for the withdrawal of the draft constitutional amendment in progress.
On the constitutional revision, the position of Ibrahim Maiga of the Autonomous Union of Magistrates (SAM) was clear: “Why change the nature of the constitution if it is not a way of trivializing the republic.”
In a thorough analysis, he said, one realizes that the judiciary is the target of the review. As such, he said the real problem will be the composition of the Superior Council of the Judiciary, where the new text provides for foreign bodies. “We will no longer be able to work with this new principle. Let them tell us what they fear to put an end to our legal existence, “says Ibrahim Maïga. Finally, he invited his colleagues to take steps to defend nobly the cause of magistrates at all levels.
Absent in the same sense, Dean Lamine(known as Lamber) said that there is no question of opening the Supreme Council of the Judiciary to foreign bodies. According to him, every effort should be made to put a stop to this draft constitutional amendment. For he is convinced that the ” Yes ” could win if we reached the referendum stage.
The Malian Coordination of Democratic Organizations (Comod) also took part in this meeting. The President of the movement, BoubacarMintouKoné, took the opportunity to recall that it should never be accepted that the will clearly expressed by the Malian people in 1992 could be reversed or challenged by the will of the high authorities. The constitution of February 25, 1992, he said, was the fruit of a broad consultation. He proposed to trigger an overall movement of civil society through a protest march against the new text.
At the end of the proceedings of this assembly, the Foundation proposed certain recommendations. The opening an online petition for all magistrates of Mali; Prepare a report to the President of the Republic for the withdrawal of the draft revision; Participate in all protest marches against the draft revision with civil society; Walk in their Court Robes from the Court of Appeal of Bamako until the Supreme Court; Observe an unlimited strike until the text is withdrawn.
Extracts from Le Prétoire