Démission de son poste de PCA de la Senelec : Habib Sy répond à Moustapha Dieng
Following the opinion piece published by corporate lawyer Moustapha Dieng contesting his resignation as Chairman of the Board of Directors of Senelec, Habib Sy has responded. In a text sent to Seneweb, he refutes the lawyer's arguments.
In his opinion piece, the corporate lawyer challenged Habib Sy's resignation letter, arguing that it should not have been addressed to the President of the Republic as it was. "When he decides to resign from his position as Chairman of the Board, this resignation is addressed to the Board of Directors," not to the President of the Republic, he stated in his article.
In a text received by Seneweb, Habib Sy contradicted the legal expert, who cited OHADA's general law on commercial companies and the provisions of Article 1 of the AUSCGIE (Uniform Act relating to Commercial Companies and Economic Interest Groups). "To rely solely on the provisions of this first article would be a biased interpretation of the AUSCGIE. It is often necessary to refer to the transitional provisions, particularly with regard to community legal acts. In this specific case, Article 916 is important: 'This Uniform Act applies to companies subject to a special regime, subject to the legislative or regulatory provisions to which they are bound,'" wrote Habib Sy. According to the politician, Article 10 of OHADA and a 2016 opinion of the Common Court of Justice and Arbitration establish the supremacy of community law over the domestic law of States and give the State of Senegal the power to legislate on matters concerning Senelec.
Legal expert Moustapha Dieng also criticizes the President of the Republic's authority to appoint the Chairman of the Board of Directors of certain companies, such as Senelec. According to him, the choice of Chairman falls solely within the purview of the Board of Directors. "It is therefore not a decision that falls under the purview of the executive branch or an administrative authority," he clarifies.
Habib Sy also refutes this argument by Moustapha Dieng, highlighting the State's framework law no. 2022-08 of April 19, 2022, relating to the sector
Semi-public entities, monitoring the State's portfolio and overseeing private legal entities receiving financial support from the public authorities. "This law was supplemented by implementing decree no. 2025-670 of April 29, 2025, establishing the
Rules of Operation of the Deliberative Body of Entities in the Parapublic Sector. Thus, the President of the Republic has full competence to appoint by decree the Chairman of the Board of Directors of a public company," says Habib Sy.
Regarding the "Confidential" designation on his resignation letter addressed to President Diomaye Faye, Habib Sy clarifies that confidentiality only applies to certain files. "From a legal standpoint, and according to these texts, the scope of confidentiality protection relates exclusively to National Defense and State Security (...) According to the instructions, documents marked 'SECRET' or 'CONFIDENTIAL' can be circulated in simple sealed envelopes. Outside of National Defense and State Security, and beyond, we are faced with a legal vacuum concerning the confidentiality of administrative documents. Neither the legislature nor the executive branch has yet produced a body of relevant and binding texts on this matter," writes Habib Sy.
The former Chairman of the Board of Senelec has demonstrated that he did not draft and send his resignation letter to Diomaye Faye before impulsively publishing it on social media. He acted knowingly, fully aware that the applicable regulations allowed it.
Commentaires (14)
Il n'a pas plus importante a dire et faire que de répondre dur un sujet mineur.
On a eu de la chance que le peuple n'ait pas choisi,celui que Sonko avait choisi.
Il faut bien chicoter ces p'tits juristes par l'expérience et la pratique du droit acquises après plusieurs années de service dans les plus hautes sphères de l'état.
Et puis ça veut dire quoi "juriste corporate" ? Arrêtez vos "tour leundeume" ou allez le vendre aux p'tits sans cerveau.
Bref, Mr Habib Sy a répondu de la plus belle des manières avec le verbe pour mettre fin aux mensonges et manipulations de ces p'tits politiciens déguisés.
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