Prior to last month's mayoral elections, the Taipei City Govern-ment made a unilateral decision to postpone its borough warden elections. This was of course a show of generosity toward the wardens in an attempt to lay a foundation for the mayoral election. The Cabinet was of the opinion that there was not sufficient reason for such a move and declared the decision invalid. In an attempt to win the mayoral election, the city government persisted and even requested a constitutional interpretation, clearly showing that it would stop at nothing to win the election.
The fact that the Council of Grand Justices' Constitutional Interpretation No. 553 was finally delivered after the election was of course a result of political considerations.
Although the interpretation did not unambiguously state that the city government had violated the Constitution, it clearly stated that the Cabinet "has the legal power to invalidate [the action]" if the city government was guilty of "deliberate abuse or other illegalities." The grand justices were of the opinion that the postponement of borough warden elections should be decided by an administrative court, and Taipei City therefore had one month -- from the day the interpretation was delivered -- to lodge an administrative complaint.
Yesterday marked the one-month point. Judging from the city government's statements and actions, it believes it is in violation neither of law nor the Constitution. Since it has not complained within the stipulated time period, the Cabinet can submit the case to the Control Yuan to consider punishments.
It is interesting that while the "technical manipulations" leading to the postponement of elections were successful, the newly elected borough wardens [chosen in elections held on Jan. 4] staged a collective protest at the ceremony where the Certificates of Election were handed out. Ninety-seven of the 449 wardens refused to accept their certificates and many more tore up their certificates upon receipt.
A protest is no big matter. What's important here is that four days before the city government lost its right to lodge a complaint, angry borough wardens struck a blow to the legitimacy and legality of the decision to postpone the elections. Regardless of whether it is the administrative court or the Control Yuan reviewing the case, the actions of the borough wardens will definitely be considered evidence.
The city government's rationale for postponing the elections was that a minority of borough districts were to be redrawn. That was also the main reason for the wardens' protest. Reports say that some wardens have complained that "there were no communications saying the number of districts were to be cut. We only found out through news reports after the fact." Other disgruntled wardens said that "it was the same with the earlier six-month tenure extension. It was done on the spur of the moment, without any official document [informing us]. Here they did the same thing all over again."
The wardens' accusations clarify two points. One, the postponement of the elections was done on the spur of the moment. Two, there was no official document issued on the redrawing of the districts, showing that the decision to postpone the elections did not follow administrative procedure and therefore was not a case of transparent decisionmaking.
This does not comply with the policy-making process and gives all the more reason to suspect that the postponement was proposed in an attempt to win the mayoral election. The dissatisfaction among borough wardens is one more piece of information for the authorities to consider in their reviews. No one escapes heavenly justice.
Chin Heng-wei is editor-in-chief of Contemporary Monthly magazine.
Translated by Perry Svensson
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