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The Supreme Court’s unanimous decision to stop the March 3, 2015District Level Elections has effectively put to an end the business as usual model of managing local and national elections in the country. The recurring practice of submitting constitutional Instruments(CIs) to parliament, after preparations for forthcoming elections were in progressis now illegal.

This new ruling requires that the Electoral Commission (EC) should be more efficient in formulating CIs in time for enactment and thereafter proceed to prepare for elections. Ample time is needed for both.The EC’s compliance with the rulingwould prevent the recurrence of the financial loss that has attended the postponement of the March 3, 2015 District Level Elections and alsoimprove the efficiency of its administrative arrangements both before and during elections.

The ruling also raises serious questions about the legitimacy of incumbent Assemblies whose tenure expires on the 14thMarch, 2015 when there is no clarity on when the next Assembly will be duly elected and constituted. This may create a legitimacy gap and raise the possibility that the local government will operate without the oversight of the Local Assemblies.If immediate steps are not taken to effectively address this situation within the law, a serious crisis in local government could occur.

In response to these issues, the IDEG and the CFI wish to make the following recommendations:

1. To avert crisis in local government, the Executive and Parliament should duly and in the national interest consider extending the tenure of existing Assemblies until the next District Level Elections are held. This would ensure the legitimacy and continuous operation of the Assemblies.

2. The EC should work expeditiously with Parliament to enact an appropriate CI to govern the next District Level Elections.

3. The government and the EC shouldas soon as possible agree and announce a new datefor the next District Level Elections whichwe advise should be held in the shortest possible time

4. All the resources required to strengthen the EC to enable it to effectively conduct the next District Level Elections and to also manage its leadership transition while it prepares well for the 2016 elections should be effectively mobilised and disbursed expeditiously.

5. All stakeholders – Government, Political Parties, Civil Society Organisations, etc - should maintain a high level of vigilance to ensure that the EC is operationally effective, professional and impartial in the delivery of its core mandate.