The Nicosia District Administration has begun proceedings to remove a community leader who was convicted by the Nicosia District Court on 3 December 2021 for the offence of causing malicious damage. Under the relevant legislation, the offence falls within the category of offences involving dishonesty and/or moral turpitude and serious moral reproach, and therefore constitutes grounds for automatic disqualification from the office of community leader.
Not only was he not removed from office following his conviction, but he was also permitted to stand again in the 2024 elections, in which he was re-elected.
Conviction and failure to remove
Disqualification from office should have taken effect immediately after the conviction. Instead, the community leader remained in post and was given the opportunity to submit a fresh candidacy and secure re-election.
According to Politis, the handling of the case by the Nicosia District Administration and the Law Office of the Republic was flawed, and the community leader was unlawfully permitted to stand again.
Explanation given to the Ministry of Interior
As Politis has learned, the explanation given by the Nicosia District Administration to the Ministry of Interior was that a letter had been sent to the Law Office of the Republic seeking a legal opinion, which, as it was put, had been "forgotten".
The legal framework
Under the Communities Law, a community leader who, while holding office, is convicted of an offence provided for in paragraph (d) of subsection (1) is automatically disqualified from office, and the position is deemed vacant.
Under the same legislation, a by-election to elect a community leader is held within 45 days of the date on which the position becomes vacant, on a date set by the Minister of Interior.
Publication of the removal
The Nicosia District Administration is required to publish the community leader's removal in the Official Gazette of the Republic, opening the way for a by-election to be held.
