Mo, thanks for the heads up.  Some how, my attempts to forward the article
failed, thus I resorted to cutting and pasting it this time around.  Hope it
is readable from your ends.  Please see below.

Foroyaa Newspaper Burning issues
Issue N0.34/2004, 26-28 April, 2004

Editorial
NO CAT AND MOUSE GAME BETWEEN POLICE AND JOURNALISTS!

Section 13 of the National Media Commission Act makes it a requirement for
media houses and practitioners to register with the commission.

The work of the Media Commission was suspended because of court action.
Recently the Executive Secretary of the commission, Mr. Momodou F.
Singhateh, wrote to media houses to request them to register with the said
commission not later than Wednesday 5th May 2004. The letter was couched in
a respectful manner. It did not contain any threat. It would constitute
contempt of the commission for anyone to speak for the commission and
attribute to them the arrogant posture of threatening the press. The letter
is reprinted here in full:

Dear Sir/Madam,

REGISTRATION UNDER THE SECTION 13 OF THE NATIONAL MEDIA COMMISSION ACT 2004

Recently The Gambia Supreme Court ruled that the National Media Commission
may proceed with its work of registering Media Organisations and/or
Practitioners irrespective of a pending action against it.  In this regard
therefore I hereby request you to register with the said Commission in
accordance with Section 13 thereof as soon as is feasible but not later than
Wednesday 5th May 2004.  Registration forms can be collected from the
above-named address; and, upon completion, should be handed over to me on or
before the said deadline.

I look forward to your usual co-operation.

Yours sincerely,

M.F. Singhateh

EXECUTIVE SECRETARY

Cc:      Hon. Justice A.K. Savage

                   Chairperson, National Media Commission

            Hon. Ramzia Diab

            Vice Chairperson, National Media Commission

            All Commission Members

In our view, the Gambian media has earned integrity over the years. It is
highly respected by the Gambian public in particular and the international
community in general. The media leadership has to meet to establish an adhoc
committee that would meet the Chairperson and Executive Secretary of the
commission visit members and seek audience with the new Secretary of State
for Information to raise their concerns. The press houses are registered
under the Newspaper Act and some are even companies registered with the
Registrar of Companies in the office of the Registrar General.

The Editors and Proprietors of newspapers are responsible for the
publication of what media practitioners submit to them. What does the state
want to achieve by introducing another registration?

Laws must be reasonable and justifiable in a democratic society. Those who
administer them should also be in a position to work for their reform if
they are unreasonable and unjustifiable. The dialogue should begin. The
Inspector General of Police should make it clear to journalists that his
organization has not been asked to arrest media practitioners. The Media
Commission should show that it has not issued any threats. The Media
Commission should meet to give guidance to media practitioners so that a
mature approach is taken to handle this issue.

This is the time for the Gambian media to go into the offensive and not to
be in the defensive. This is not the time for cat and mouse, cowboy and
bandit, and Police and thief game. The media practitioners are not enemies
of truth and justice. True media practitioners are the true defenders of
truth and justice.

IS RAMZIA STILL A NAM?

THE FACTS AND IMPLICATIONS
Halifa’s Reaction
After the expulsion of the National Assembly Member Ramzia Diab from the
APRC many people concluded that the act should automatically lead to the
vacation of her seat at the National Assembly.

Some have referred to section 91 subsection (1) (d) as the basis for their
assertion. The section reads:

“ A member of the National Assembly shall vacate his/her seat in the
National Assembly if he/she ceases to be a member of the party of which he
or she was a member at the time of his/her election.”

Obviously, this provision is dealing with elected members and not nominated
members. In short, the constitution has established different criteria for
qualification for membership to the National Assembly under section 89.

This is why the constitution states under section 89 subsection (2) that

“The provisions of paragraphs (a), (b) and (c) of subsection (1) shall apply
to a nominated member who shall also be required to make a declaration of
his or her assets to the Independent Electoral Commission.”

In law when something is stated something is excluded. Hence the paragraphs
left out do not apply to nominated members.

Suffice it to say, section 90 which deals with disqualification for
membership also adds under subsection (3)

“This section shall apply to nominated members with such modifications
relating to the time limits for elections.”

It is therefore obvious that certain provisions are applicable to elected
and not to nominated members. A section 91 subsection 1 (d) is one of those
provisions. It deals with elected and not nominated members. It is of course
the Supreme Court, which has authority to give a final interpretation.

Foroyaa is confident that if it ever happens history will support the view
that a nominated member who is expelled from a party does not automatically
lose a seat at the National Assembly on the strength of that expulsion. It
would be wrong for anyone to suggest the contrary.

Foroyaa has also been asked whether nominated members are immune to removal
by the executive. We have explained that this would require a definition of
public servant and public officer. These definitions are implied but not
categorically stated in the constitution. Notwithstanding this, it has been
stated categorically that the office of member of the National Assembly is
not an office in the public service. Hence a National Assembly member is not
a member of the public service as stipulated in section 100 of the
constitution.

Suffice it to say that there is no Public Service Commission that can
reprimand a National Assembly member. It is therefore implied that the
office of a member of the National Assembly is a political office.

Under normal parliamentary procedure the executive should not have power to
appoint or remove a member of the National Assembly. This power resides in
the people and the laws designed to protect parliament from infirmity or
criminal behaviour of representatives.

Notwithstanding this, in The Gambia the president is given the option to
appoint five nominated members. If they are classified as public officers
then section 131 subsection (5) may apply which states

“Without prejudice to the provisions of section 167, but subject to the
provisions of this constitution, the power to make any appointment to a
pubic office includes the power to dismiss any person so appointed.”

The question still remains, is a National Assembly member holding a pubic
office under the government or a political office? This question is further
given legitimacy by section 230 subsection (3) of the constitution which
state:

“For the purpose of this constitution, a person shall not be regarded as
holding an office of enrichment under the government or in the service of
The Gambia by reason only that he or she is in receipt of a pension or other
like benefits in respect of his or her service in an office under the
government.”

Suffice it to say, the code of conduct refers to public officers in
circumstances that do not apply to National Assembly members. Finally, there
is no provision in Chapter 7 of the constitution, which deals with the
National Assembly indicating that a nominated member will vacate his or her
seat if removed by the president.

In our view, it is better for the government to accept that it has no power
to remove a National Assembly member. If the president writes to remove
Ramzia this would mean that a nominated member is like any Secretary of
State who must show loyalty to the executive. This nullifies the principle
of the separation of powers between the executive and the legislature.

This would result in the demand worldwide for the nullification of the
offices of nominated members.

In some jurisdictions, the decision to select Speaker and Deputy Speaker
from nominated members are considered to be a means of having independent
and impartial speakers and deputy speakers. Others make nominated members to
be representatives of workers’ associations, employers’ associations, youth,
women, disabled and other associations so that they can influence the mind
of parliament without voting powers.

In The Gambia it is increasingly appearing to be a party gimmick by which a
ruling party seeks to increase the size of its membership in parliament
without the mandate of the people. If Ramzia is removed by executive might a
campaign will begin to put an end to the power to appoint nominated members.
This is how matters stand.



FOOD AID FOR SALE
Unanswered Questions!

The Permanent Secretary Department of State for Agriculture, Mr. Ousman
Jammeh has confirmed the sale of Italian food aid in the country and to
civil servants.

Mr. Jammeh made these remarks in his office on Thursday 22nd April 2004.
Italy had donated rice to The Gambia government. Two of our reporters have
confirmed the sale of this rice to civil servants and in the Fonis at a
price of D330.

When asked the reasons for the sale when it was clearly indicated on the
bags that it is not to be sold, Mr. Jammeh indicated that the said aid
consignment was in response to the declaration of the 2002 farming season as
a year of drought; but the consignment came in 2003 when what used to obtain
in 2002 was no more. As a result, the government of The Gambia decided to
the sell rice with a view to reinvesting the proceeds in Agriculture.

He was asked for the yardstick used to select civil servants and the Fonis
for the sale. Mr. Jammeh said it was decided that civil servants are paid
very low salaries but did not say why it was sold in the Fonis. Mr. Jammeh
only said it was sold everywhere. When asked to give an example of such
areas, there was no indication.

In another development Mr. Jammeh said plans are under way for the sale of
4500 tonnes of rice to the entire population. The consignment is a gift from
the Japanese government to The Gambia.  Mr. Jammeh noted that as part of an
agreement the government of The Gambia and Japan made, The Gambia government
should open an account at the Central Bank of The Gambia and deposit the
proceeds in such an account.

When asked for the reasons Mr. Jammeh said that the proceeds would be used
for reinvestment into Agriculture. He went further to cite the sale of
fertilizer to farmers all these years, which had all along been aid from
Japan. He however added that it was such monies that were used to buy seed
nuts for farmers last year. On how the proposed sale is to be conducted, Mr.
Jammeh said a proposed plan and methods of distribution have been made but
are yet to be finalized. He finally promised that the media would be invited
at anytime they are finalized to show transparency.

Registration of Voters Continues

Supplementary Registration of Voters continues throughout the country.  All
Gambians who have not already been registered and have attained the age of
18 years or by the 17th May 2004 will have attained the age of 18 years can
be registered.  Those who wish to transfer or replace their cards have to go
to the IEC Divisional Headquarters. Section 18 subsection (1) of the
Elections Decree states:

“A registering officer shall notwithstanding the information contained in a
registration form, examine such form and shall

(a)            call for, receive and consider such evidence as he may think
fit touching on the validity of such claim; and

(b)            require evidence to be given on oath or affirmation …; and

(c)            investigate, as he may think fit, with the assistance of a
village head, village elders, or leaders of the adult age groups present,
and adjudicate upon the claim.”

It is important to note that village heads and community leaders give
information only if they are requested to do so by the registering officers.
They have no authority to give directives to registering officers. They are
merely to assist when required to do so.

Approval Of Claim

The registering officer may allow or disallow all claims after gathering
evidence and adjudicating upon the claim.

The name of the person allowed shall be entered in the list of voters.

The list has the names, addresses and serial numbers of the voters’ cards.
To prevent unlawful registration in secret agents should note down the
serial number after the termination of registration on each given day.

What Happens After The List Is Prepared?

The list must be published by posting it near a post office, police station,
courthouse, market place or other place where notices are customarily posted
as required by section 132 of the Elections Decree.

Objection

If there is deletion of one’s name or the inclusion of the name of a person
who is not qualified to be registered a notice of objection should be served
on the registering officer within 14 days from the date of publication of
the list of voters.

Revising Courts

Once the lists are published and objections made the Commission will advise
the Chief Justice to appoint a magistrate of the first class to convene a
revising court.

The magistrate is required to make a decision within 60 days.

Appeal

Appeals can be made after the revising court makes its decision.

Coming Into Force Of Registers

A register comes into force once the magistrate of a revising court signs
the list of voters and list of deletions.

Evidence To Consider By Agents

Objections are made if a person whose name is in the list is found to be a
non-Gambian, or is under age, or is neither resident nor born in a
constituency. This requires collection of evidence during the registration
exercise.

If registering officers abide by the requirements of section 11 subsection
(3), each claimant would have to state his/her name, date and place of
birth, place of usual residence and address at the time of registration,
sex, the form of identification used. If such evidence is noted and
crosschecking done one would be able to determine the validity of a claim
that is approved.

The Quality Of Evidence In A Revising Court

In all proceedings in a revising court the laws and rules of evidence to be
complied with shall be the same as in civil cases before a magistrates’
court. Agents must not rely on hearsay evidence. They must get witnesses
other than themselves to be ready to go to court and testify. The witnesses
should be older than the claimant if the place of birth of the claimant is
in question.

Powers Of The Revising Court

The revising court has power to enter a name in or delete a name from the
list of voters after the determination of a case.

THE BAHOUM CHAPTER CLOSED

In issue No. 28 /2004 Foroyaa published two articles of Baboucarr Bahoum,
which resulted in four people he claimed to have interviewed denying that
they granted him interviews. When Bahoum was questioned he insisted that he
had interviews with the four personalities. When he was vigorously
interrogated he claimed that he had a telephone interview with one of them.

We suggested going with him to the four personalities to have a tet a tet
discussion to verify his claim but he declined. He also declined to take us
to the telephone booth from which he claimed to have made a call to the
Permanent Secretary. This would have enabled us to obtain the telephone
number and, with the cooperation of Gamtel, to verify whether any call was
made from that booth to the Permanent Secretary at the alleged time.

He later wrote an apology to the Secretary of State for Youth and Sports,
Mr. Samba Faal and his Permanent Secretary, Mr. Badjie. He was told that
that was incomplete because the articles affected four people. On Friday, he
brought another “apology’ which tantamount to saying that he was apologizing
under duress. This is totally unacceptable.



Foroyaa is in pursuit of the truth and wants only sincere and decent people
in its service. We are not witch-hunting anybody. We simply investigate
facts and publish them as events unfold in fulfillment of our obligation to
accurately inform and enlighten the people.

Foroyaa once again totally dissociates itself from what Bahoum wrote and
express our sincere and utmost apology to the four personalities affected.
The curtain has been drawn and no article will be entertained from Bahoum in
the future. He has nothing to do with Foroyaa as from now on.



Issue N0.35/2004, 29 April- 3 May, 2004

Editorial

FABAKARY CEESAY AND

THE GAMSU LEADERSHIP

Our Observation

Freedom of expression provides the basis for debate and eradication of
misunderstanding. Foroyaa has published the views of the GAMSU executive
during the 10th and 11th remembrance day and the views of Fabakary Ceesay.
It is necessary for us to examine the views in good faith in the interest of
students.

First and foremost, Fabakary Ceesay accuses the GAMSU leadership of claiming
not to be involved in politics. Fabakary should examine the very words of
the executive and pass judgment. The executive said that the authorities
used to accuse GAMSU of being under the dictates of the opposition. They
argued that GAMSU was not under the control of any political party. That it
was for all the students and for development; that they will cooperate with
any government to promote development issues but would not be dragged into
the politics of individual parties. They indicated that each member of GAMSU
is free to affiliate to any political party as an individual. In a pluralist
society where there are many political parties civil society organizations
can best serve their members by promoting the strategic objectives which
bind them without necessarily dictating how their members vote and which
party they should affiliate with.

Secondly, Fabakary was dissatisfied with the low key participation of those
who suffered during the incident. The GAMSU leadership can improve on this
but what became very clear is that they were trying to move the union from a
defensive posture after being branded as troublemakers. Fabakary would agree
that tactically the executive achieved this objective. The programme drawn
is that the regime will open its doors so that there will be dialogue to
treat the injured and address the grievances of the families.

Thirdly, the GAMSU leadership did call for the culprits of April 10 and 11th
to be brought to book but answered to the request of a panelist to forgive.
The appeal was a symbolic one and the response was also symbolic. To earn
respect for a leadership one must always take the higher moral ground.

Lastly, Fabakary mentioned the division of students. This was an issue.
There is concrete proposal for one student union. The union may have a Basic
Branch, and a Secondary and Tertiary Branch. This should depend on the
students.

What each mature student should do is to engage in the debate among the
student movement on how to promote critical, independent and mature thinking
among students so that they will not be anybody’s tool and further enhance
tolerance of diversity in opinions and approaches so that self-righteousness
and harsh judgment will be a thing of the past.

Each student should be ready to learn from and teach others. None should try
to isolate the other. Clarity, tolerance, respect and unity are needed to
forge ahead. Reason and justice should be the guide to all actions by
students. This will lead to mutual inspiration in the search of a vision for
a better tomorrow and the mission



THE PROSPECTIVE COALITION

AND THE JARRA SEAT

Foroyaa Interviews Halifa Sallah
FOROYAA: Following publication in other newspapers that Kemeseng Jammeh is
campaigning in Jarra West on behalf of the UDP does this mean that the
prospective coalition is a thing of the past? What is PDOIS’ position?

HALIFA: I have always emphasised that the establishment of a coalition is a
process and not an event. While the process is on, political parties are
free to conduct their own programmes if they so desire. Others may wish to
wait for the final outcome of negotiations to form a coalition before
initiating their own programme. PDOIS has reviewed developments in Jarra
West.

Even though Kemeseng is reported to be campaigning in Jarra West the UDP
leader has told the press that they are yet to take a decision on the
matter.

FOROYAA: Will PDOIS contest the seat?

HALIFA: The ground is still open. Parties opposed to the APRC may have a
coalition candidate or put up different candidates. In both cases the option
is still open for PDOIS. It depends on negotiation in the best interest of
the nation.

FOROYAA: How can you come up with a coalition candidate?

HALIFA: This is not difficult. Personally I think of democratic solutions to
electoral issues. A coalition can incorporate equal participation of all
stakeholders in determining a candidate. For example, the law is that each
candidate for a National Assembly seat must be nominated by 300 persons. The
parties opposed to the APRC who want to put up candidates can be required to
mobilise 300 or more registered voters each. Each candidate will appear
before such voters to explain why he or she should be the coalition choice.
These voters would vote in a primary to choose the coalition’s candidate.
This is one democratic method of selecting the best candidate as a coalition
candidate.

FOROYAA: Do you think all parties will agree to this?

HALIFA: Nothing has been said yet regarding the Jarra West seat. There is no
communication from the IEC at this moment. There is no discussion yet to
know whether such a suggestion would be acceptable. What is clear to me is
that there will either be negotiation on a coalition candidate or different
parties will be free to put up their own candidates. I hope all parties are
alert to the implications of splitting votes if election does take place at
all.

FOROYAA: Are you implying that the elections may not take place?

HALIFA: It should take place as long as the present status quo remains.



LETTER TO PRESIDENT JAMMEH

THE WAY FORWARD ON OPERATION CLEAN THE NATION

The central government has its responsibilities; so do the local governments
in providing sanitary services to the nation.

The provision of these services has technical, material, economic, social
and cultural components.

It is already a cultural practice for each house and compound to be swept
clean every morning. In places where the cleansing service has established
some arrangement for collecting solid waste on a periodic basis one would
find bags full of waste at compound gates just waiting for the trucks to
remove them. In fact, it is the lack of consistency in collecting the refuse
that has led to some complacency. When people were informed of the operation
many decided to heap all waste near their gates thinking that they will be
collected. It was a disappointment to find out that weeks after the exercise
the heaps remained near their gates.

What is responsible for this? The answer is simple. Strategic planning is
necessary if we are to address any concerns with efficiency and
effectiveness.

First and foremost, the National Environment Agency and the Department of
State for Health should have had meetings with the Councils to examine the
state of the dump sites, the human and material resources available for the
operation of the cleansing service and assess the financial resources
required to sustain them. This would have enabled the planners to identify
capacity and limitations of the sanitation services and then map out what is
needed to fill the gaps.

Mr. President, let us take KMC as a case study.

The central dumpsite for the administrative area is the Bakoteh dumpsite.
This dumpsite is in a terrible state. If any strategic planning was done one
would have started by concentrating on how to organize and manage this
dumpsite before calling for general mobilisation to clear the area. In my
view, there is need to push the waste into the quarry, erect a fence around
the dump site to prevent illegal dumping and build a ramp to enable the
trucks to move closer to the quarry. Experts on land reclamation would be
mobilised to ensure proper filling of the quarry to make it conducive for
vegetation and habitation after rehabilitation. In the short run,
environmental experts should advise on how to prevent the smoke from the
burning and odour from oppressing the people of Bakoteh, especially the
children. They should establish safeguards to give maximum protection and
medical incentives to cleansing service workers. For example, they can be
given free medical check ups periodically and free treatment for illnesses.
The council should review their incomes to commensurate the risks they are
taking.

Strategic planning would have required the mobilisation of the village and
ward development committees to identify places ideal as waste collection
sites for the street or community. This should be complemented by guarantees
to collect waste disposed at such sites on a regular basis.

Suffice it to say that if such facilities become available, each member of
the community should be sensitized to know where to dump waste for
collection. A culture of environmental cleanliness would prevail.

There is need to revisit your approach which is still a top-down,
dictatorial approach and adopt the people centred approach which involves
them at all levels of the planning and implementation process.

I anticipate your positive response.

GGC TO BE SOLD

Sources from the Gambia Groundnut Corporation have informed Foroyaa that one
of the agreements with donor partners is to privatise the assets of the GGC
again through the divestiture agency.

It could be recalled that following the take over of the reins of power in
July 1994 by the AFPRC from the PPP administration, one thing much talked
about by the AFPRC was the sale of the GPMB (now GGC) to Alimenta for D20
million. Following the two years of transition by the AFPRC in 1997 the APRC
ran into problems with Alimenta which landed the latter with government of
The Gambia in an international arbitration, where the government of The
Gambia paid the sum of over D400 million to Alimenta and the GGC became the
sole owner of the enterprise.

When I contacted the Chief Executive of the Gambia Divestiture Agency, I was
informed that she was out of the country. I shall get in touch with her to
find out how the privatisation would be conducted and the estimated price
now that the oil mill and most of GGC’s assets are in poor shape.

WHY BABA JOBE IS DENIED VISITS

Foroyaa has received information that Baba Jobe who is currently serving a
nine year term of imprisonment has been refused visits by friends and
relatives. This prompted me to get in touch with the Department of State for
the Interior and Religious Affairs to find out the truth of the matter and
their reasons for doing so.

According to the Permanent Secretary, Department of State for the Interior
Baba Jobe has been denied visits on matters of principles. He explained that
a prisoner has to serve a minimum of ninety days in prison before being
allowed visits. Since Baba Jobe who was imprisoned on the 29th March 2004
has so far served a term less than ninety days he is not yet entitled to
receive visitors.

The Permanent Secretary was also told that reports also have it that Baba
Jobe has been denied access to his lawyer. The Permanent Secretary responded
by stating that the lawyer was denied access because when the lawyer went to
the prison for the visit he did so with Baba Jobe’s friends and relatives.
He added that had the lawyer gone there alone to discuss legal matters there
would not have been a problem. Until the ninety days has expired Baba Jobe
will not be allowed visits. This, according to the Permanent Secretary is in
accordance with the rules of the Prison Department.

The matter will be further investigated.

WILL THE KAFUTA FIFTEEN

CASE PROCEED TO COURT?

It is becoming doubtful whether the case of the fifteen “Kafutans” who were
arrested prior to the Kafuta Ward by election will ever proceed to court.
According to police sources the matter is still under review and there is
yet to be any clear decision as to whether it will proceed to court or not.
Meanwhile, the police bail of the suspects has been extended. Foroyaa will
continue to inform its readers on developments regarding this matter.

_________________________________________________________________
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