Saba Tsitsikashvili, Gori
Gori Municipality Council broke the law when it came to electing the municipality governor. Although Ramaz Chochishvili, former governor, signed his resignation on February 7 2008, Gori Municipality Council then turn around and announced a competition on the vacancy of the governor on February 18, eleven days later. Thus, the Human Rights Center’s Gori Office has prepared an administrative suit under the Law on “State Supervision on the Activities of Local Self-governments”; the center will file the suit to the regional governor against the Gori Municipality Council.
Zviad Khmaladze, the chairperson of the Municipality Council announced the vacancy on regional TV Company where he stated that the competition would be opened on February 18. Khmaladze’s answer to the Human Rights Center’s question-why they announced the competition so late-was “I am a human and I can also make mistakes.”
In accordance to the Georigan Organic Law on “Local Self-government”, Article 39, which regulated the responsibilities of the governor and the rule for his/her election, paragraph II clearly states that “a governor shall be elected through an open competition. Within 14 days after the former governor resigns, or is fired, the bureau representing the municipality shall accept applications for the post. The bureau shall select qualified candidates and then introduces the municipality council with the selected applications….”
On February 15 Zviad Khmaladze stated on “Trialeti TV” that on February 18, the Monday, the bureau will hold next meeting and announce the competition. Human Rights Center’s Gori office states that the competition should have been announced within 14 days after the vacancy started and the bureau should accept applications as well. This would amount to fourteen days, including weekends as well. In fact, the bureau had only three days for the purpose of accepting applications.
The Human Rights Center reported that only one application was submitted to the bureau and Zviad Khmaladze was that applicant. The law states that the bureau will select only a qualified candidate.
Based on the spread information, current Shida Kartli regional governor, Lado Vardzelashvili will be a majority candidate from Shida Kartli Region for the Parliamentary Elections.
Consequently, another vacancy would be then announced on the regional governor’s position. Gori Municipality governor would have chance to gain the position of the regional governor and Davit Tkeshelashvili, State Minister for Regional Policy Management, would not create any obstacles for him. Zviad Khmaladze is a godfather of Tkeshelashvili’s son; Khmaladze has also confirms this described relationships and connections.
We have since discussed with Zviad Khmaladze and asked him why the municipality council announced the vacancy competition so late.
-Mr. Khmaladze, on February 15 you stated that on February 18 the bureau will hold meeting and announce the competition on the municipality governor’s position?
-Well, you know, I made a mistake when I made that statement. The bureau has already held a meeting and announced the vacancy competition on February 8; what could I do? I am a human being too and I might also be allowed to make a mistake…
Tamar Muralova, the head of the Municipality Administration, claims that Zivad Khmaladze stated everything correctly but journalists take everything the wrong way.
“You incorrectly understood what Zviad Khmaladze announced on local TV. He said that the bureau will hold next meeting,” said Tamar Muralova.
-Ms. Muralova, if the bureau has already held meeting why they should need another meeting to announce the competition?
-Of course they need. There might be a new application and it must be discussed.
-What applications might be submitted when the whole region heard the governor announce the competition after February 18; eleven days later. You have not announced the vacancy in the printed media either…
-It is not necessary to publish announcements in newspapers. We have simply put up the announcement on the board and that’s enough,” concluded the head of the administration in his final analysis.
Mamuka Davituliani, deputy Municipality Council Governor, unreservedly informed us that everything was being done according to the law and that the competition would be announced on February 18.
-Mr. Davituliani, Ramaz Chochishvili signed resignation on February 7 and why are you announcing the vacancy competition on February 18?
-You are right. It was some misunderstanding. The Regional Administration might have made some mistake. Anyway we are not breaking the time limit requirements.
Although the Municipality does not have deadlines, the local population is fully aware that the competition will begin on February 18. The deadline to submit an application is on February 21. The competition is announced on February 18, and this was done through the local government’s newspaper; though the first issue of the edition was to have only been published on February 19, as it was learned from editor.
As for the administrative suit, according to the Law on State Supervision of the Local Self-government’s Activities, Article 4 the regional governor is responsible to monitor the compliance of the activities of the local self-governmental bodies to legal requirements. In addition to that the governor is authorized to look through any normative act, like announcing the competition of the governor’s position or fixing the date of the competition, and to determine if it enacted through a violation of the law.
Article 8 Paragraph VII states: “If supervision institution considers that the normative act enacted by local self-governmental body (or public official) blatantly breaches basic human rights…the institution shall appeal to the court to annul or cancel the normative act as soon as it has been enacted.”
Zviad Khmaladze, the chairperson of the Municipality Council announced the vacancy on regional TV Company where he stated that the competition would be opened on February 18. Khmaladze’s answer to the Human Rights Center’s question-why they announced the competition so late-was “I am a human and I can also make mistakes.”
In accordance to the Georigan Organic Law on “Local Self-government”, Article 39, which regulated the responsibilities of the governor and the rule for his/her election, paragraph II clearly states that “a governor shall be elected through an open competition. Within 14 days after the former governor resigns, or is fired, the bureau representing the municipality shall accept applications for the post. The bureau shall select qualified candidates and then introduces the municipality council with the selected applications….”
On February 15 Zviad Khmaladze stated on “Trialeti TV” that on February 18, the Monday, the bureau will hold next meeting and announce the competition. Human Rights Center’s Gori office states that the competition should have been announced within 14 days after the vacancy started and the bureau should accept applications as well. This would amount to fourteen days, including weekends as well. In fact, the bureau had only three days for the purpose of accepting applications.
The Human Rights Center reported that only one application was submitted to the bureau and Zviad Khmaladze was that applicant. The law states that the bureau will select only a qualified candidate.
Based on the spread information, current Shida Kartli regional governor, Lado Vardzelashvili will be a majority candidate from Shida Kartli Region for the Parliamentary Elections.
Consequently, another vacancy would be then announced on the regional governor’s position. Gori Municipality governor would have chance to gain the position of the regional governor and Davit Tkeshelashvili, State Minister for Regional Policy Management, would not create any obstacles for him. Zviad Khmaladze is a godfather of Tkeshelashvili’s son; Khmaladze has also confirms this described relationships and connections.
We have since discussed with Zviad Khmaladze and asked him why the municipality council announced the vacancy competition so late.
-Mr. Khmaladze, on February 15 you stated that on February 18 the bureau will hold meeting and announce the competition on the municipality governor’s position?
-Well, you know, I made a mistake when I made that statement. The bureau has already held a meeting and announced the vacancy competition on February 8; what could I do? I am a human being too and I might also be allowed to make a mistake…
Tamar Muralova, the head of the Municipality Administration, claims that Zivad Khmaladze stated everything correctly but journalists take everything the wrong way.
“You incorrectly understood what Zviad Khmaladze announced on local TV. He said that the bureau will hold next meeting,” said Tamar Muralova.
-Ms. Muralova, if the bureau has already held meeting why they should need another meeting to announce the competition?
-Of course they need. There might be a new application and it must be discussed.
-What applications might be submitted when the whole region heard the governor announce the competition after February 18; eleven days later. You have not announced the vacancy in the printed media either…
-It is not necessary to publish announcements in newspapers. We have simply put up the announcement on the board and that’s enough,” concluded the head of the administration in his final analysis.
Mamuka Davituliani, deputy Municipality Council Governor, unreservedly informed us that everything was being done according to the law and that the competition would be announced on February 18.
-Mr. Davituliani, Ramaz Chochishvili signed resignation on February 7 and why are you announcing the vacancy competition on February 18?
-You are right. It was some misunderstanding. The Regional Administration might have made some mistake. Anyway we are not breaking the time limit requirements.
Although the Municipality does not have deadlines, the local population is fully aware that the competition will begin on February 18. The deadline to submit an application is on February 21. The competition is announced on February 18, and this was done through the local government’s newspaper; though the first issue of the edition was to have only been published on February 19, as it was learned from editor.
As for the administrative suit, according to the Law on State Supervision of the Local Self-government’s Activities, Article 4 the regional governor is responsible to monitor the compliance of the activities of the local self-governmental bodies to legal requirements. In addition to that the governor is authorized to look through any normative act, like announcing the competition of the governor’s position or fixing the date of the competition, and to determine if it enacted through a violation of the law.
Article 8 Paragraph VII states: “If supervision institution considers that the normative act enacted by local self-governmental body (or public official) blatantly breaches basic human rights…the institution shall appeal to the court to annul or cancel the normative act as soon as it has been enacted.”
News
December 13, 2023
Ethnic minorities outside the peace dialogue
November 6, 2023
‘Peace’ agenda of political parties
Popular
Articles
February 13, 2024
Why are Ossetians affected by the conflict unable to regain Georgian citizenship and their property?
