KABUL (SW) – Analysts believe the National Unity Government would have no legitimate authority during the forthcoming presidential polls after its tenure is over in May.
In line with the latest announcement by the Independent Election Commission, the landmark presidential election would be held in September. And, based on the Article 61 of the Constitution, the consecutive government’s tenure ends on May 22 in the fifth year of its rule. Legal experts believe, under such circumstances the presidency would have no legitimate power, hence a power vacuum might emerge.
Waheed Farzaey, an expert on legal affairs, told Salam Watandar the NUG has taken the election process hostage for its own interests. He said the government’s tenure ends in May, and in line with the Article 68 of the Constitution, the authority should be transferred to an interim set-up.
However, Abdul Kabir Ranjbar, another expert on legal affairs, stressed there would be no vacuum of power as the president is entitled to hold the authority until a new president takes oath. He said there is an ambiguity in the Constitution in regard to the tenure of the president hence it grants legitimacy to the president to continue.
He added the Article 61 has not been implemented in this government as well as in the previous government considering the political and security situation in the country.
Following the announcement by the IEC to delay the presidential polls, the Commission to Oversight Implementation of the Constitution released a statement criticizing this three-month delay. It also stressed the president’s tenure ends in May.
In his New Year speech at Mazar-e-Sharif, President Mohammad Ashraf Ghani stressed further delay in the polls is not acceptable.
ENDS
