Rabat – A debate both legally and politically, began after the Justice and Development Party (PJD) announced that Najib Ouazzani, the General Secretary of the Al Ahd Addimocrati Party (AHD), will be running in the October 7 elections under the PJD in Al Hoceima.
If it is formalized, Ouazzani’s nomination will allow the PJD to maximize its chances to take over some if not all of the four seats available in the constituency of Al Hoceima that is considered the Party of Modernity and Authenticity (PAM)’s fief.
However, the basis of all this confusion surrounding the candidacy is that Ouazzani is the Secretary General of the AHD, which already has two seats in the outgoing chamber of representatives.
Legally, Article 21 of Law n°29-11 related to political parties is clear, “No one can join more than one political party at the same time.”
Paragraph 4 of Article 24 of the organic law on Chamber of Representatives specifies that “nomination lists containing the names of people belonging to more than one political party or containing both nominations accredited by political parties and nominations of people without political affiliation will be rejected.”
“Running with the PJD is an alliance on a local level between PJD and Al Ahd Addimocrati,” Ouazzani was quoted by AlMajalla24. “This alliance is possible and can be done in one constituency,” he added.
However, the presentation of a common list PJD – AHD is not possible, because the law does not allow local alliances in one constituency, but alliances has to be formed at the national level. This means that the PJD contacted Najib Ouazzani as a person and not as a leader of the AHD.
According to Article N°5 concerning the alliances of political parties states, “legally constituted parties can organize themselves into unions with legal personalities in order to work collectively to achieve common goals.”
Said Chbaatou, former member of the USFP who joined the National Rally of Independents Party (RNI), and studied the legal issues of political transhumance, said that “if Najib Ouazzani is in the colors of the PJD, it means he will leave Al Ahd even if he is not obliged to resign.”
“Decision No 976/2015 of the Constitutional Council ruled that for a member of a political party candidacy with a new party equals the resignation from all the responsibilities and functions in his original political party,” concluded the Chbaatou.