Babacar Ba: Cites Arrêt 2011 Alioune Tine Pastef Against Card Sale Ban

• Babacar Ba is challenging a sub-prefect's ban on selling Pastef membership cards in a public square.
• He argues that "difficulties in supervision" is an invalid reason for the prohibition, citing a 2011 Supreme Court precedent.
• The 2011 arrêt n°35, in the Alioune Tine case, annulled a prefect's ban on a peaceful gathering based on "simple security difficulties."
• Ba requests the sub-prefect's decision be reviewed by the Supreme Court's administrative judge via a référé-liberté procedure.
• He also notes that Yankouba Diémé, currently the Minister of the Armed Forces, who was recently expelled from the Pastef party, holds political gatherings freely.

The Supreme Court, acting as the highest judicial body, ultimately annulled the prefect's order, signaling that vague security concerns are not sufficient grounds to curtail fundamental rights to assembly.

Senegalese activist Babacar Ba is challenging a recent decision by a sub-prefect that prohibits the sale of Pastef membership cards in a public square. The administrative order, which prevents the political party from conducting this activity, has drawn criticism from Ba, who argues that the mere act of selling membership cards does not inherently constitute a disturbance of public order. He specifically disputes the justification provided by the authorities, which cited "difficulties in supervision" (difficultés d’encadrement) as the basis for the ban.

Ba contends that such a broad and unsubstantiated reason for restricting public activity has previously been deemed insufficient by Senegal's highest court. He highlights that the Supreme Court has, in the past, rejected similar administrative pretexts for prohibiting gatherings. This current dispute over the vente cartes Pastef interdiction underscores ongoing tensions regarding the exercise of public freedoms in Senegal.

To bolster his challenge, Babacar Ba has invoked a significant Supreme Court ruling, arrêt n°35, issued on October 13, 2011. This pivotal judgment arose from the case of Alioune Tine against the State of Senegal, where the administrative authority, specifically the prefect of Dakar, had prohibited a peaceful assembly at the iconic Place de l’Obélisque. The prefect's rationale for the ban was based on "simple security difficulties" (simples difficultés de sécurité).

The Supreme Court, acting as the highest judicial body, ultimately annulled the prefect's order, signaling that vague security concerns are not sufficient grounds to curtail fundamental rights to assembly. Babacar Ba, in an analysis published by leral, asserts that the Supreme Court's decision in the Alioune Tine case established a clear precedent: administrative justifications like "difficulties in supervision" are not valid reasons for prohibiting public activities. He is now calling for the sub-prefect's current decision to be reviewed by the administrative judge of the Supreme Court through a référé-liberté procedure, a fast-track legal mechanism designed to protect fundamental liberties.

The ongoing contestation by Babacar Ba against the prohibition of Pastef's public activity highlights critical aspects of trouble ordre public jurisprudence Sénégal and the broader landscape of libertés publiques contestation administrative. The 2011 arrêt n°35 serves as a crucial benchmark, limiting the discretion of administrative authorities to ban public gatherings or activities based on ill-defined security or logistical challenges. This precedent reinforces the principle that restrictions on fundamental freedoms must be narrowly tailored and supported by concrete evidence of a genuine threat to public order, rather than speculative "difficulties in supervision" or "simple security difficulties."

Ba's observation that Yankouba Diémé, currently the Minister of the Armed Forces, who was recently expelled from the Pastef party, continues to hold political gatherings without impediment further emphasizes the perceived inconsistency in the application of administrative prohibitions. The call for a référé-liberté interdiction rassemblement review underscores the importance of judicial oversight in safeguarding civil liberties against arbitrary administrative action. This legal challenge, centered on the Babacar Ba arrêt 2011 Alioune Tine Pastef connection, could further clarify the boundaries of administrative power concerning public assembly and expression in Senegal.

Lawyers advising political parties or civil society organizations in Senegal should be aware of this Supreme Court precedent (arrêt n°35, 2011) which limits administrative authorities' ability to ban public activities based on vague 'security difficulties,' providing a strong basis for challenging such prohibitions via référé-liberté.

Source: Original reporting via leral.