FOROYAA NEWSPAPER BURNING ISSUES

Issue No 63/2005, 11 – 14 August, 2005





Editorial

THE IMPORTANCE OF TRANSPARENCY

HON. AKUFOUR ADO’S VISIT


Foroyaa has called on the Gambian authorities to issue a press release to explain the discovery of eight dead bodies in Ghana town, Brufut on 24th July, 2005 so as to dispel all rumours. Up to this day no official comments have been made.

The visit by the Ghanaian Foreign Secretary, Nana Akufour Ado to deliver a special message to President Jammeh regarding the dead, some of whom are suspected to be Ghanaian citizens, confirm that the incident is taking an international character. It is therefore necessary for the Department of State for the Interior to inform the general public whether autopsy has been carried out and what further steps are expected to deal with the problem.

If nothing is done to find the root cause of the problem and inform the people in a transparent manner the Gambian population are likely to get information from external sources which can only bring more alarm. Mysterious deaths in a country do breed a climate of uncertainty and insecurity. Since Deyda’s murder concerned persons have been calling for action to unravel the mystery. Instead of building the confidence of the public in the criminal justice system much has been done to shift the blame to Deyda’s method of journalism.

The pursuit of the truth without fear or favour, affection or ill will is the hall mark of any public servant, especially those managing law enforcement agencies. Such people must not be made to believe that their job security lies in pleasing a personality but in respecting and enforcing the law according to the best dictates of their conscience. When that happens Justice will always prevail and excesses and impunity will always be averted.





INTERVIEW WITH HALIFA SALLAH

ON NADD, THE BY ELECTION AND OTHER CURRENT ISSUES



Foroyaa: Recent comments in the press created an alarm regarding the future of NADD can you throw some light on developments after the Supreme Court decision so as to prevent any future misunderstanding?

Halifa: The Supreme Court decision has established NADD as a distinct party and that the four opposition National Assembly Member are now members of NADD. We therefore have the option of either resigning from NADD to rejoin our original parties or remain in NADD and pursue its objectives. All those who registered NADD are faced with the same decision.

Foroyaa: That should not be a difficult decision to take is it?

Halifa: NADD exists and our original parties exist. There is need to define the legal, political, organisation administrative and institutional links to avoid any confusion. All the stakeholders are looking at the development in order to come up with a perspective that is acceptable to them. The type of conclusion we reach will determine the type of alliance that could exist between NADD and our original parties.

Foroyaa: This should be obvious since the original intension was to form an alliance?

Halifa: It is not that simple. People did not have the original plan to be members of one party but now they are. They have to decide whether the electorate would accept such a merger as the best instrument for the opposition to contest the by election and the 2006 presidential election or not. This requires consultation between members of the original parties and the members of NADD.

Foroyaa: Is this not a bit confusing? Do you mean that all members of the original parties are members of NADD?

Halifa: Those members of the original parties who subscribe to the registration of NADD either as its members or executive are members of NADD. Those who did not register NADD may remain members of the original parties unless they resign and join NADD. They may also form an alliance with NADD.

Foroyaa: These are all legal technicalities. Don’t you think that all members of the original parties support NADD?

Halifa: We cannot assume things. This is why a short period is given for consultation so that the formula we adopt will make both legal and political sense.

Foroyaa: To be frank what the ordinary supporters of the opposition want is for the NADD leadership to get up and start to campaign. People already know who the candidates are. What the people want is to see unity and vigorous campaign to counter the activities of the APRC?

Halifa: I am sure that will happen very soon. People will be satisfied as soon as we resolve the issues highlighted.

Foroyaa: When is the date for the by elections?

Halifa: According to section 40 of the elections decree the date should be published in the gazette. Such notice in the gazette should contain both the date for nomination and election. We have not received the gazette but a letter has been addressed to NADD and other political parties indicating that nomination will take place on 12th September 2005, that the campaign period will last from 14th September to 27th September and that election will take place on 29th September 2005.

Foroyaa: Are you all going to contest on a NADD ticket?

Halifa: The Supreme Court makes us to lose our seats by stating that we are all NADD. Each of us must make up ones mind as to whether one is to accept this or resign and return to one’s original party.

Foroyaa: Have you made up your own mind?

Halifa: I think my role is very clear. When the opposition parties met and made me a coordinator I would have been seen as an obstacle to change if I rejected the offer. Hence my duty is to see to it that I maintain my stand until there is no process to coordinate then I will exit with honour. I guess after that no one will ever blame me for being an obstacle to change. I do what duty demands and will never regret the cost that comes with it.

Foroyaa: Are you anticipating failure?

Halifa: Far from it I am affirming my confidence in the process despite the difficulties. Without overcoming difficulties there can be no victory. There is no doubt that the APRC leadership is shaken by NADD. This is why desperate efforts are being made to take the 4 seats even though that will give the Gambia the image of a one party state. This is how power hungry the regime is. It seeks to combat any criticism even to the point of making Gambia a pariah state in the world. Apart from the popularity of NADD there is also the factor that even many APRC elements will not feel safe to be in a country without a parliamentary opposition. That would be absolute monarchy. All mouths would be padlocked.

Foroyaa: Do you mean to say that the battle is easy for the opposition?

Halifa: I really don’t know what the people are going to do. As you know my politics is simple. I don’t own the country. It is owned by the people. The people should know their right to elect whoever they want to speak on their behalf. If they reject me I will proceed to pursue my future to do research and teach. I am not a career political office holder. I want to be around only if the people deem it relevant. Hence I don’t want to predict the outcome. What I wish to emphasise is that many APRC members are not happy to be confronted with an election where they have to chose to have a parliament with or without an opposition. This election will be history. It will determine whether the Gambia people want democracy or dictatorship. The president has shown his preference for National Assembly members with padlock on their lips, not outspoken ones. Those who support this view will vote for the APRC candidate. Those who oppose this view will vote for us. This is how matters stand with
 the by election. We either chose to be under a one party state or a multi party state; a dictatorship where the president serve as a ruler without being scrutinized, criticized and restrained or a democracy where his every action is monitored and exposed if detrimental to the interest of the people. These realities should be made very clear to the people.

Foroyaa: Halifa, if you were to be asked why you join the alliance what would be your reply?

Halifa: I am sure few people will deny that there is need for change. Needless to say, it is people who bring about change. The fact of the matter is that no matter how profound the objectives of a party, it cannot win all the supporters of other opposition parties to win an election. It goes without saying that the change in the constitution which eliminated the second round of voting made it a possibility for presidential candidates of the opposition to share 70% of the vote and allow the APRC to win by 30% of the votes. To avoid that requires tactical unity to ensure that the opposition puts up one candidate.

Foroyaa: Some have called the alliance a relation of convenience, a mark of opportunism.

Halifa: NADD did say that it is not enough just to remove Jammeh. The objective is to rectify pass wrongs and condition the president to one term to put an end to self perpetuating rule. I strongly believe that no president elected under a NADD ticket will be able to defy the NADD leadership and the electorate at large to stay in power indefinitely or abuse power.

Foroyaa: how is your debate with Bala Jahumpa?

Halifa: I have read a letter with two authors, a policeman and a concerned politician, defending Bala. I am glad that he is still committed to the rehabilitation of the Sandika area. The fact that he could not quote any constitutional provision to show how I had read it upside down made his criticism frivolous. I accept the views of those readers who believe that we should move to more important issues.

Foroyaa: What about Yankuba?

Halifa: He has not said much yet. We are still monitoring how much of a tool he will accept to be. We are however compiling the information mentioned during the commission of enquiry for general distribution if he prefers to sink to politics of character assassination.

Foroyaa: What about Jammeh?

Halifa: I have said that NADD emerged to be a responsible alternative to the government. What is needed is the reciprocity of a responsible government to ensure peace coexistence of parties and free and fair electoral contest to determine the undiluted choice of the people. If he behaves like a statesman we will treat him as one. If he prefers to be indecent we will react in an appropriate manner to demystify him.

Foroyaa: Finally, can you tell us the major obstacles you may face in the by election?

Halifa: The APRC regime has no respect for the constitution which states that the public servants should not be partisan in their delivery of services. It is inappropriate for a commissioner, chief or alkalo to take part in selecting an APRC candidate or urge the electorate to support him/her.

We call for election monitors to monitor the radio, TV and other activities as of now. There is also the information that rice and money may be utilized to induce voters. As far as I am concerned any one with 18 years or above who acquires a voters card to have a say on how one’s country is run and sell it just to earn few dalasis or a bag of rice is not fit to be a citizen of a sovereign republic. We will therefore continue to emphasise to the people that a person who has no authority to say in one’s homeland is no different from the sheep in the street. The voter’s card symbolizes one’s power and voice as a citizen. Those who sell their cards can be seen as slaves in their own countries. They will have no power or say in rectifying what is wrong. People should educate each other to take part in determining who will manage their affairs, without fear or favour, affection or ill will.





REFUSE COLLECTION POSES A PROBLEM



By Sarjo M. Camara

Following the inception of operation clean the nation, garbage has been dumped all over the municipality without being collected after every exercise.

Currently the dumpsite at the Buffer Zone, opposite Matu’s lodge is increasing in size, likewise the newly accumulated dumpsite behind Charles Jaw Upper Basic School.

Speaking to this paper, the people residing around these areas, expressed appreciation on the president’s call to clean the environment, but lamented disappointment with garbage spending a whole month in the area uncollected.

 A young woman indicated that the rubbish packed in front of her compound had been there for almost a month and has not been collected; that government should work with the municipality and collect the garbage after every exercise. She said as tax payers the government should look after their wellbeing.



RE- SEGREGATIVE WALL OF BRUFUT



By Surakata Danso

Readers would recall that we did indicate on our last edition on the above caption subject matter that we will contact TAF Holding Company to feel their pulse on the grievances advanced by the people of Brufut. Pertaining to the ongoing construction of a wall that will separate Brufut and the Brufut garden Housing estate.

Our reporter did contact one Mr. Senghore, the General Manager of TAF Holding Company. Mr. Senghore mentioned that both himself and Mustapha Njie (TAF) were out of the jurisdiction. However Mr. Senghore said he will not comment on the issue.



GNIC IN LEGAL TUSSLE WITH ITS FORMER MD

The termination of the services of William Coker, the former Managing Director of The Gambia National Insurance Company, has triggered stout reaction from the former.  The livid former Managing Director who is aggrieved with the decision taken by his former employers, has resorted to instituting legal action against the aforesaid company for what he described as the wrongful termination of his service.

The plaintiff is claimed in the following from the defendant company,

(1)        The recovery of two months salary being damages for the wrongful termination of his services by the defendant company.

(2)        The payment of his social security contribution up to his retirement age of 60.

(3)        The recovery of 7 years salary being damages for the loss of future earnings as the Managing Director of the defendant company.

(4)        The conversion of the value of his shares in the defendant company into cash and the said account to offset some amount of this loan.

(5)        That the defendant pays the utility bills of his loan from the date of the purported wrongful termination of his services to his retirement age of 60 years.

(6)        That the rest of his loan liability after the said conversion be repaid by him in accordance with loan agreement entered into by him and the defendant.

When the matter was called on Thursday by the Kanifing Industrial Tribunal, Lawyer Bola Carol, stood up and announced his appearance for the plaintiff while Hawa Sisay Sabally announced his appearance for The Gambia National Insurance Company.

Hawa Sisay told the tribunal that it is in accordance with the directive of the tribunal for the practices to seek a reconciliation that she wrote to the other side but Bola Carrol has not responded to her letter.  In his reply, Bola insisted that he has replied to the letter, but Hawa stood her ground that she has not received any reply.  At this juncture, William Coker butted in to say that the defendant company is not inclined to negotiate, and he went on to urge the court to proceed with the hearing of the matter.

In his testimony, William Coker gave a vivid explanation of how he started working for the defendant and the various port folios he had while working for the defendant.

At this stage, the plaintiff’s counsel applied to tender some of the letters that confirmed the various promotions he had undergone while working for the company. The defendant’s counsel stood up and said she was objecting to the tendering of the documents, she said she is representing Gambia national Insurance Company and not the Gambia National Insurance Corporation, and therefore she could not allow documents pertaining to the latter to be tendered. But Bola Carol rose from the bar and said the tribunal is not bound by the rules of proceedings.

Hawa Sisay argued that the said documents sought to be tendered by the plaintiff’s lawyer has already shown the distinction between The Gambia National Insurance Corporation and The Gambia National Insurance Company.

‘There is no link in the pleadings to show that The Gambia National Insurance Corporation was transferred to The Gambia National Insurance Company.  We are dealing with two legal entities.  If their document showed a link, then I would not have objected.  They have conceded earlier that they made a mistake and that is why they made an amendment.  We cannot come here to be taken by surprises”.  She remarked.

At this stage, Magistrate Richards butted in saying that strict rules and technicalities do not apply at the Industrial Tribunal.

“It is not a question of technicalities.  If I am representing a party, then my brief cannot be transferred to another party”.  She argued.

Lawyer Carol at this juncture quoted section 32 of the labour Act to support his position.  However, he chucked up the idea of tendering the said documents at that juncture.  Continuing his testimony, William Coker testified that The Gambia National Insurance Company took over the assets and liabilities of The Gambia National Insurance Corporation including its staff, such that the social security accounts of the staff are still the same.  The witness said his promotions spanned from 1982 to 1998, and that his services were transferred from the latter to the former.

At this juncture, Lawyer Carol applied to tender the plaintiff’s promotion letters. However, his application did not meet any opposition from the defendant’s Lawyer.  The plaintiff’s promotions letters were marked exhibit C1 – C7.

The case was however adjourned for the plaintiff to continue his testimony.





MANSLAUGTER CASE CONTINUES

The manslaughter case involving the Inspector General of Police and one Mamudou Bah continued at the Kanifing Magistrate Court on Wednesday. Mamudou Bah is charged with manslaughter contrary to section 186 of the criminal code.

According to particulars of the offence, Mamudou Bah on the 5th day of July 2005 in the Kanifing Municipality of the Republic of the Gambia caused the death of one Ousman Sowe by unlawfully attacking and hitting him resulting in his falling and drowning in the sea.

When the case was called, the Prosecutor, Chenor Marenah, stood up and announced his appearance for the Inspector General while Lawyer Lamin Ceesay announced his appearance for the accused.

Addressing the court, Lamin Ceesay submitted that manslaughter is the killing of another person without any malice expressed or imply.  He further submitted that one of the ingredients the prosecution needs to prove is that there is an unlawful act.

The learned counsel cited series of authorizes to support his position.  Ceesay said the definition of the criminal code, especially the word unlawful, does not in any way exclude the necessity of some form of “mens rea”.  They said the element of “mens rea” is needed in this case.

“The evidence of the first prosecution witness was very explicit, but it stops short of giving any credibility to the case of the prosecution”.  He remarked.

Submitting further, Lamin Ceesay said the first prosecution said in court that the decease and the accused gripped each other in a fight and they fell all into the water.

“This does not in any way ‘role’ the particulars of the offence in this case which of course alleges that the accused person caused the death of the decease by unlawfully attacking and beating him resulting to him drowning. The evidence of all the worthy of any summary before this court as they neither corroborate the particulars of the offence nor do they show in any form that the accused person unlawfully attacked and beat the decease resulting to him falling and drowning in the sea as shown in the particulars of the offence.  The star witness of the prosecution who is the first prosecution witness, has told this court in very clear terms that it was a fight resulting to the decease and the accused falling in the sea”. He remarked.

The learned counsel told the court that there is no place of “mens rea” in the whole evidence of the prosecution witnesses.  According to him, in a case of manslaughter, it is necessary for evidence of “mens rea” to be carried.

We submit that the court should move towards this general trend of “mens rea”.  In the absence of any proof of “mens rea” in any case, the court will find a verdict of not guilty against the accused person”.  He submitted.

In his turn, the prosecutor, Chernor Marenah, told the court that he will file a written brief on Monday.  The court then decided to adjourn the case to Tuesday for the prosecutor to adapt the written brief.





SOS SINGHATEH BEMOANS INSUFFICIENT CAPACITY

By Bubacarr K. Sowe

The Secretary of State for Forestry and the Environment, Edward Singhateh, has posited that capacity issues relating to technology, skills and resources have had significant impact on the country’s level of delivery of outputs and meeting targets.

Secretary of State Singhateh made this remark at the opening ceremony of a two day round table dialogue held at the Kairaba Beach Hotel on Monday. The objectives of the round table dialogue were;

A)         to take stock of the progress made in the follow up to the 2002 World Summit on Sustainable Development

B)         To identify elements with respect to policy, legal, institutional, programmatic and capacity building required for promoting in the Gambia the realisation of the Millennium Development Goals (MDGs) with particular attention to MDGs.

C)         To provide a set of recommendations to the Gambia Government and the international community on elements for promoting the realization in the Gambia of the internationally agreed development goals, in the context of the Bali Strategic Plan for Technology Support and Capacity Building.

In his remarks, Secretary of State Singhateh said “Generally, we have insufficient capacity in terms of both systemic constraints as well as in number and quality of technicians. However, in collaboration with our partners and particularly within the context of the letter of intent signed between UNEP and the GOTG, we hope we shall begin soon to address the concept of the Bali Strategic Plan which essentially aims at developing the capacity of developing countries to enhance their implementation of the various multilateral environment agreements as well as the Millennium Declaration.”

The Executive Director of the National Environment Agency, Momodou B. Sarr, stated that this conference is part of a global process being undertaken in almost all UN member countries in preparation of the 2005 world summit in September.




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