Foroyaa Newspaper Burning Issues

Issue No. 39/2005, 19-22 May 2005



Editorial

Nianija bye election and the seat of National

Assembly Members

The APRC claimed that after dismissing Dawda Bah from the party he had to vacate his seat in the National Assembly. Now there is a by election and the people of Nianija appear to be poised to teach the executive the lesson the voters taught them in Jarra West.

Nonetheless, the encroachment of the executive in the affairs of the national assembly requires prompt attention if this country is to be saved from constitutional crisis. It is still a matter of concern that members of the executive can write to the national assembly and indicate that seats of national assembly members are vacant because of a given provision of the constitution.

The constitution has stated very clearly in section 127 that the Supreme Court shall have an exclusive original jurisdiction "for the interpretation of enforcement of any provision of this constitution other than any provision of sections 18 to 33 or section 36(5) which relate to fundamental rights and freedoms."

"On any question as to whether or not any person was validly elected to the office of president or was validly elected to, or vacated his or her seat in the national assembly." It is therefore absolutely clear that the Attorney general nor any other authority has jurisdiction to interpret the constitution and order any other authority to do any thing based on their own interpretation of the constitution.

The other problem that would have faced Dawda Bah , if he denied to go to the supreme court is the lack of a supreme court to appeal for proper scrutiny of the APRC Constitution to determine whether principles as provided for by the constitution and the Elections Decree. It means that his right was ceased without a court to provide interpretation and redress. These are the type of realities which plunge countries into constitutional crisis.

Readers would recall that the supporters of the APRC regime had raised issues of the opposition seats in the national assembly. If the legal advisers of the APRC regime are truly confident of their interpretation of the constitution as written in the Daily Observer we expect them to go to the supreme court to get constitutional backing for their notion. These are interesting times in Gambian Politics as two formidable forces face each other, NADD and APRC. We only hope that respect for the authority of the constitution and diversity will prevail so that the people will determine their manner of government. Impunity an arbitrary interpretation of the constitution by those who have no authority to interpret it or authorise any course of action is the highest form of suppression of constitutionality. Any government guilty of such subversion is not fit to govern a civilized people.

ARRESTS AND TERMINATION

Arrests and termination of public servants continue. The latest casualties are: the permanent secretary local government, Abdoulie Manneh the commissioner Western Division, Mr. Momodou Lamin Jobarteh and the chief of Kombo North, Eric Tunde Janneh. Mr. Abdou Badjie replaces Mr. Jobarteh while Mr. Dembo Sanyang replaces Mr. Eric Janneh. The reason for the arrest of the permanent secretary is not known but the commissioner and the chief have been removed from office because of their alleged involvement in shady land deals. The two are now in police custody.

Lang Conteh Convicted

As D224 million Case Comes To A Close

By Baboucarr Sowe

The former Foreign Exchange Manager of the Central Bank of The Gambia, Mr Lang Conteh, was on Tuesday sentenced to one year imprisonment after being convicted upon his plea of guilty to seven charges against him. The sentences are to run concurrently. This term of one year also includes the period he had already served at Mile II while being remanded in custody, from 17 February 2005 to the date of his conviction, 17 May 2005. Since he had been remanded for three months, one therefore expects Mr Conteh to be imprisoned for not more than nine months.

The defence counsel, Mr Musa Bittaye, had earlier told the court, in his plea of mitigation, that as Mr Conteh is a first offender who had already surrendered his properties to the state, he should be given at least a lighter sentence. He added that the Mr Conteh had shown a great remorse in respect of the transaction involved in these charges, "not because he cannot defend himself, but because he admitted that he had been involved in something wrong."

Mr Bittaye continued: "It is on record that since 17 February, the accused has been at Mile Two without access to his family. Under this circumstance as a first offender, we are asking the court not to impose a custodial sentence."

The Director of Public Prosecutions, Mr Agim commended the accused for not wasting the time of the court by pleading guilty to all seven charges against him. He continued: "Although crime has no justification in law, universally, repentance should be seriously considered during pleas of mitigation." He added that considering the accused had already surrendered his building he is currently living in at Kotu, another storey building at Kotu Beach, popularly known as Destiny, to the state, coupled with his remorse, the prosecution requested that the sentencing of the accused should also take into account the period he had already spent under detention.

Mr Lang Conteh was charged with six counts of economic crimes contrary to Economic Crimes (Specified Offences) Decree 1994, and one count of forgery. He pleaded guilty to all the charges.

SACKED EMPLOYEE TO BE PAID

By Sarjo M. Camara

The Kanifing Industrial Tribunal, presided over by Mr. Moses Richards has ordered that a former employee of Monica Fishing Company, Mr. Lamin Manga, who was wrongfully sacked by his employers, be paid a sum of Twelve Thousand Five Hundred Dalasis (D12,500). The plaintiff’s claim was that the defendant company wrongfully terminated his appointment. According to the facts of the matter Mr. Manga was employed by Monica Fishing Company three months ago on a fixed term of contract for six months.

In his testimony the plaintiff, Mr. Manga, stated that they sailed without informing him, contrary to normal procedure and that when he enquired about it, he was told that the Captain had sacked him. Mr Manga produced a document which had been signed by the employee and the employer. The document was tendered and admitted in evidence. According to the document, a six month contract had been mutually agreed making it quite clear that should the appointment be terminated prematurely, the complainant should be paid in full. On this basis, the tribunal entered judgment in favour of the plaintiff, Mr Manga and consequently ordered that the defendant pays the plaintiff in full.

CJ Harps on Judicial Reform

By Emil Touray & Amie Sanneh

The court system in The Gambia is going through tremendous changes. Speaking at the recent validation workshop on the draft rules of of the high court and magistrates courts which was held at Paradise Suites on Monday, the Chief Justice of the Gambia, Mr S.A. Brobbey, pointed out that the World Bank is developing and introducing an electronic case management system in the high court, and providing recording equipment.

Chief Justice Brobbey stated that the existing rules have been in place prior to The Gambia’s independence in 1965, while noting that the ongoing exercise is the final activity undertaken by the UNDP national governance programme towards revising the procedural rules and enabling legislation of the courts. Going further the Chief Justice pointed out that the experience and predictions of individuals affected by the reforms should be uppermost in the minds of those implementing the reforms. He said that modern judicial reforms include the use of computers, while emphasizing that the legal profession is generally conservative.

"When introducing reforms involving computers, common sense will dictate that one does not start involving judges and personnel who are not computer literate," he remarked.

He noted that the reform is based on those who are prepared to modernize. According to him, the reform will involve recording of proceedings by tape recorders or stenographic machines.

"The most significant point that I would like all judges and legal pratictioners to note is that when the reforms are started, only only one of the several high courts will be involved. The rest will be implemented by the old manual system. Secondly, only some selected cases will be pursued there. These will be cases that in their nature require almost instantaneous disposal like the arrest of a child or maintenance of a married woman, matters that cannot afford to wait or abide by their turn in the queue of cases pending in the court," he remarked.

For his part, the UNDP country representative, Mr John Kakonge,said donors have over the last two decades intensified their efforts to support African countries to enable them to address these reforms, including the rules and procedures of the judicial system.

"In The Gambia, UNDP and other partners have been working in partnership with the government to develop its capacity to strengthen the principles of good governance. This has been an ongoing process, which is aimed at creating a framework and strategy for institutional reform, in particular, within the judiciary," he stated.

Other speakers at the opening ceremony were the Acting Judicial Secretary, Gaye Sowe, and the president of the Gambia Bar Association, Mr Musa Bittaye. Members of the bar and bench were also present.

RESTORATIVE JUSTICE SYSTEM



By Yaya Dampha

Restorative justice is a way of including victims thinking about their crimes in order to prevent further conflict. It is a philosophy or a set of ideas and principles based on the following principles:

1. Holding the offender accountable in a more meaningful way.

2. Repairing the harm caused by the offence and achieving a sense of haling for the victim and the community.

The United Nations Working Group on Restorative Justice defines it thus: A process whereby the parties with a stake in a particular offence, resolve collectively on how to deal with the aftermath offence and its implications for the future.

The best way to highlight these principles is to discuss restorative justice by answering the typical question of how the current justice system and restorative approach works.

What the current system asks for first and foremost is the offence, what rule has been broken; who did it and what is the punishment. And what restorative justice asks for is about the offence or what happened; those who have been affected by the offence or those who have been hurt and to make things right.

There are four entry points to the restorative justice system:-

1. The police entry point: Pre-charge or referral by police officers.

2. Crown entry point: Post charge referral by crown attorneys.

3. Court entry point: Post sentence. Referral by judges.

4. Correction entry point: Post sentence. Referral by correctional services or victim’s service staff.

Participation of a victim and offender in a restorative justice process should be based on their free, voluntary and informed consent. Each party should receive a clear explanation of what the process might involve and the possible consequences of their decision to participate. Consent to participate may be withdrawn at any stage. All parties must accept as true, the essential facts of the offence and the offence and the offender must accept responsibility for the offence. The facts must provide sufficient evidence to proceed with a charge and the prosecution of the offence must not be barred in law. The offender should also have the right to seek legal advice before and at all stages of the process. Referrals to a restorative justice process can occur at all stages of the criminal justice system from pre-charge diversion through to post-sentencing in appropriate cases and the taking into account of relevant prosecution policies.

Referrals must take account of possible power imbalances and disparities between victims and offenders, with respect to the party’s age, maturity, gender, intellectual capacity, position in the community or other factors in particular, implied or explicit threats to the safety of any party, and where there is continuing relationship between the parties, the views of a victim about the suitability of a particular case for restorative process, must be given particular consideration.

All discussions within the restorative justice process, other than those conducted in public, must be confidential, unless agreed to the contrary by the victim and offender.

The admission of responsibility by the offender for the offence is an essential part of the restorative process and cannot be used as evidence against the offender in any subsequent legal proceedings. All agreements must be made voluntarily and should contain only reasonable, proportionate and clear terms.

Failure to reach or complete a restorative agreement must not be used in any subsequent criminal proceedings to justify more severe sentence than would otherwise have been imposed on the offender.



Program Goals and Objectives

The Nova Scotia Restorative Justice program has four goals. The program aims to:

1. Reduce recidivism

2. Increase victim satisfaction

3. Strengthen communities and

4. Increase public confidence in the justice system.

It is believed that these goals can be met by using a justice process which achieves a sense of healing for the victim and the community, repairs the harm caused by the offence, reintegrate the offender and holds the offender accountable in a more meaningful way. This process has at its foundation the following objectives:

1. Achieve a sense of healing for the victim and the community:

(a) The victim and the community members being actively involved in the justice process as early and fully as possible.

(b) The victim is provided with the support and assistance he/she needs in order to participate in a restorative justice process.

(c) The victim is given a voice in the process and the chance to talk about her/his feelings, concerns and experience in a save and supportive environment.

(d) The victim and community members to actively participate in a process which identifies how the offender may begin to repair the harm.

(e) The victim is given an explanation as to why a restorative justice process is warranted and is given updates of any outcomes or processes.

(f) The victim is given an opportunity to provide input at all levels of planning and decision-making within the restorative justice program.

2. Repair the harm caused by the offender:

(a) The offender accepts responsibility for what he/she has done.

(b) The victim, offender and community members actively participate in a process which identifies how the offender may begin to repair the harm.

(c) The victim is compensated for the harm done to him or her.

3. Reintegrate the offender:

(a) The offender understands and addresses the problems which may have contributed to his/her wrong doing.

(b) Community members focus on and respond to the cause of the crime.

(c) Community members to ensure that there are opportunities in the community for the offender to make amendments.

(d) The offender participates in a process which brings "closure" to the wrongdoing.

4. Holding the offender accountable in a more meaningful way:

(a) The offender should accept responsibility for what he/she has done.

(b) The offender demonstrates a genuine understanding that his his/her behaviour has affected the victim and community.

(c) The offender actively participates in a process which identifies how he or she may begin to repair the harm.

(d) The offender is given an opportunity to "make things right" and ask for help with problems that may have contributed to the wrong doing.

To Be Continued

AT THE NATIONAL ASSEMBLY

DoSE Under the Microscope of The National Assembly

Part 11

FOROYAA has been publishing the report of the National Assembly Select Committee on Education and Training, which was approved by the National Assembly. In this issue, FOROYAA shall publish the revelations made in the report on The Gambia Technical Training Institute (GTTI). GTTI is a government funded institution that offers training in the following academic programmes: Business Studies, Computing, Construction, Engineering, professional development courses and basic skills training. The report goes on to reveal that "the institution has a total number of 206 staff, comprising 75 Gambians and 29 non-Gambians. It indicates that out of the lot 26 are par part-time and 78 on permanent schedules. The report further states that there is acute shortage of lecturers in some disciplines due to the fact that few Gambians are qualified in these areas. The report also reveals that the institution uses government pay scale for remuneration, which is often rejected by many prospective lecturers.

The report indicates that "the institution has outside links with similar institutions where lecturers are sent for further studies or professional development cources, but that due to financial constraints decision was taken to reduce the number of programmes from 84 to 56. It adds that some of the courses were not viable and were subsequently dropped, noting that where feasible courses were also merged.

The report points out that "the institution does not have adequate materials for lecturers’ use in order to minimize the cost for them and that students find it very difficult to buy textbooks especially on Accounting. It states that although there are some reference books in the library, these were found to be inadequate and, in some cases, irrelevant. The report reveals that to avert the situation, the institution bought some textbooks to be rented to the student in order to make them accessible but the scheme failed because the students do not rent the books. In a related development, the report indicates that the books were bought for the students only to realize that they were not affordable.



On Support Staff

The report reveals that "the institution has the following number of support staff: 6 Librarians, 23 security staff and cleaners, 13 maintenance service personnel and 10 ancillary staff.



On Toilet Facilities

The report reveals that the institution does not have enough toilets for both students and staff, due to the rapid increase in enrolment. It indicates that the institute was initially planned to accommodate only 300 students, but that instead it has over one thousand students and the resources available cannot cater for all.



On Classroom and Furniture

The report reveals that the available classrooms cannot cater for all as well as the workshops and that the high population of the institute causes problems for both students and lecturers. According to the report, the classrooms are sometimes crowded and there is also acute shortage of furniture. It states that to alleviate the problem, lessons are staggered thus resulting in conducting some lessons as late as 9.00 pm.



On Library

The report reveals that though not quite adequately furnished, the library serves its purpose for both students and lecturers as it meets some of their basic needs.



Woodwork and Metalwork shops

Regarding woodwork and metalwork shops, the report reveals that on average, these workshops are fairly equipped and that though some of the machines in use are outdated and old, lecturers and students struggle over them daily to get what they can. However, the report notes the need for more support to replace the old machines with new and modern ones.



On the Foundry

Regarding the foundry, the report reveals that it "has a total of 13 staff and produces very good quality work for its clientele both within and outside the country." It states that it is discovered that staff from a foundry in Senegal were ate GTTI and that the staff are trained and well qualified. The report reveals that some of the types of materials produced by the foundry are:

1. sewage drainage

2. sewage covers

3. man hold covers

4. high towers

5. ox driven carts and many more

that with limited resources, the foundry is able to produce quality work but lacks support from among Gambians (i.e., the Private Sector and Government Departments).



Marking Students’ Work

The report reveals that the institute maintains a quality control system in which students work is monitored according to levels and departments; that each department has its own way of monitoring a quality standard in the institute and that the institute’s achievements in the external exams is very high. The report goes on to reveal that the institute captured two gold medals in the City & Guilds external exams. It shows that albeit with limited resources, quality is maintained in the institute.



Staff Motivation

The report reveals that the institution’s staff are motivated to retain them in the system; that they are paid on the Government integrated pay scale, which is not attractive, compared to NGO’s scale and those of other private institutions in the Gambia. Therefore the report states that in order to retain its staff, the institute pays 25% of monthly basic salaries and opens loan schemes of low interest rates for them. It indicates that deserving lecturers should be encouraged and promoted. It is therefore recommended that government set up a committee to monitor the smooth running of the foundry by encouraging governments, NGOs, CSO, CBOS, Private Sector to patronize it in order to generate funds for the institute. According to the report that would help the institute to train more Gambians and produce more materials for sustainability to supplement the low subvention given to the institute. It states that if government and other sectors award contracts to GTTI, most of the issues
 lamented above would have been ameliorated.



Administration

The report reveals that the institution has a Board of Directors, which meets three times a year and sometimes more, depending on the needs and SMT; that the student/staff relation is very cordial as well as staff/staff relationship. It indicates that despite the constraints and limited resources, there is smooth running of the day-to-day affairs of the institute.



General Constraints

The report reveals the following as general constraints.

1. High utility bills; the institute pays an average of D80,000 monthly on utility charges

2. Low pay scale for staff

3. GTTI Act has virtually outlived its usefulness but is yet to be reviewed

4. Lack of adequate teaching/learning resources for the computer science and IT lab.

5. Lack of adequate mobility

6. High attrition rate of lecturers

7. Frequent power cuts and insufficient computers at the computer lab.

8. Lack of enough scanners, air conditioners and furniture

9. No training package

10. Lack of adequate modern appliance

11. Lack of enough qualified lecturers

12. Lack of incentives for graduating students to start up business



In the next issue, we will publish the committee’s findings on the University of the Gambia.



---------------------------------
How much free photo storage do you get? Store your holiday snaps for FREE with Yahoo! Photos. Get Yahoo! Photos

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html

To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤