Foroyaa Newspaper Burning Issue
Issue No. 98/05, 22-25 December,2005
Editorial
The Gambian Media Has a Future
The Gambia media is under siege, but like the media of other nations, it has a future. Not only will it survive, it will undoubtedly become more vibrant.
The enemies of the media fail to learn one fundamental lesson, that is, the more they attack the press, the more they embolden and galvanise media practitioners.
The attack on the Independent coupled with the arrests and detentions did not lead to capitulation of that media house. The outrageous killing of Deyda Hydara did not take the Point out of the newspaper stands, nor did it change its editorial tendencies. On the contrary, consistent siege on the Gambian media has resulted to the development of solidarity given by media practitioners, civil society and the public at large. Such solidarity is rare in our history. This solidarity was quite evident during the two day conference on press freedom, democracy and development held in commemoration of the first anniversary of the brutal killing of Deyda Hydara.
This could not be other wise. Deyda is a symbol of freedom of _expression and all peace loving and democratic minded Gambians wholeheartedly support freedom of _expression.
The people have started to realize that every attack on the media, be it harassment, bad laws, arson or even killings, is an attack not only on the media but on the very fabric of our society. They are therefore inclined to give solidarity in the struggle to put an end to impunity.
Media practitioners are now more resolved than ever before to ensure that they are not denied their freedom of _expression which is enshrined in the constitution as follows: “Every person shall have the right to freedom of speech and _expression, which shall include freedom of the press and other media.”
The government needs to do a lot more to demonstrate that it too is very much interested in freedom of _expression, including freedom of the media. It must avoid being seen as using irresponsible journalism as a cover to attack the private media. It must do its best to comply with section 20 of the constitution which provides for the affording of fair opportunities and facilitates for the presentation of divergent views. It must make maximum effort to be seen to be doing all it could to put an end to impunity. In this regard, it is pertinent to note that there is nothing worse in image building than preventing media practitioners from simply laying a wreath in memory of someone who was brutally murdered. The failure of even one out of three secretaries of state to attend the conference has given media practitioners the impression that they boycotted the conference because they were not interested in it.
The government needs to accept the media’s offer of dialogue. They need to do a lot to be seen in a different light by the media
HALIFA’S REACTION TO BUDGET SPEECH
By Abdoulie Dibba
In his reaction to the 2006 Budget speech, the Minority Leader and Member for Serrekunda Central Hon. Halifa Sallah indicated that the 2006 budget will enhance the hardship that is confronting people. Continuing his contribution he reminded his colleagues of their functions as National Assembly Members since they are coming close to the end of their mandate. He said their functions are clearly stipulated in section 1 (2) of the constitution, noting they derived their authority from the people and that they should exercise that authority to promote their general welfare. He went on to say that they are guided by the same constitution in terms of their strategic objective which is clearly spelt out in section 215 of the constitution dealing with economic objectives. Halifa Sallah indicated that section 215(3) of the constitution categorically states that “Recognising that the most secure democracy is one that assures the basic necessities of life for its people, the state shall
endeavour to establish an efficient, dynamic and self reliant economy whose underling principles shall include ensuring a balanced development of all parts of The Gambia, improvement in the quality of life in rural communities and redressing economic imbalances between rural and urban communities.” Hon. Sallah asserted that a Government must have strategic objectives and that is why the Secretary of state for Finance and Economic Affairs has spelt out the strategic objective of the Government. He said that he would like to remind his colleagues that there is the strategic objective of transforming the Gambia into a financial centre, a tourist paradise, trading and export oriented, agricultural and manufacturing base, a middle income country, striving on free market policies and a vibrant private sector, sustained by a well trained, skilled, healthy, self-reliance and enterprising population, guaranteeing a well balance eco-system and a decent standard of living for all under a
system of Government based on the consent of the citizenry. Halifa Sallah pointed out that he would like to say that they are falling short of that strategic objective which is visualized in the government vision 2020. He said that he had carefully looked at the statement made by the Secretary of State for Finance and Economic Affairs and must state that this budget, is an enhancement of the hardship of the poor. He stressed that essentially that is what the budget constitute and that has been clearly stipulated on page 10 paragraph 53 of the budget. Halifa Sallah pointed out that paragraph 53 states that “The second set-back which was as a direct result of the PRGF suspension was that the $115 million fund pledged by donors during the 2002 Gambia was not disbursed.” “Thus, implementation of PRSP Programmes was undertaken within lower than anticipated budgetary resource envelope.” “Although macroeconomic stability has been restored in 2004 and 2005, the single biggest threat to
government operations, the heavy domestic debt burden took a significant portion of the budget resources, thereby further reducing the budget funding for the PRSP Programmes. As we come to the end of the first PRSP implementation period the annual reviews have concluded that less than 40 percent of the PRSP programmes have been implemented.” At this juncture Halifa Sallah noted that it is very clear from this statement of the Secretary of state that we are failing in our objective because the programmes are not being implemented as expected; and the reason why we are failing has also been clearly stated in paragraph 52 of the budget. Paragraph 52 stated that there was a strategic plan in 2001/03 and that the Gambia was expected to achieve that strategic plan in 2003, and the strategic plan, Halifa said, is what the Hon. SOS called the completion point of PRGF. Why couldn’t we achieve that completion point? Halifa asked. The answer Halifa said is clearly stipulated in paragraph 52
and that is, “The implementation process has been hindered by a number of set-backs that have made the overall PRSP process less successful.” “The most serious set-back was the suspension of the PRGF programme by the IMF in 2003, and because of the programme’s suspension, the Gambia could not reach HIPC completion point as planned in June 2003.” Why was it suspended? Halifa asked. He pointed out that it is suspended because of the fact that we have not been managing our public finances properly. Pure and simple! He noted that this has been clearly buttressed in paragraph 1 of the budget speech which states that “the primary objective of the 2006 budget is to improve public expenditure management.” This Halifa said clearly shows that lack of proper public expenditure management has led us to the situation in which we are today!
To be continued.
MAYOR JENG TRIUMPHS
Barely two days before his departure to Nigeria, Justice Aimed Belgoreh has yet, made another Landmark judgment which seeks to strengthen democracy and the rule of law.
Justice Belgoreh on Monday ordered the Secretary of State for Local Government and Land to reinstate Pa Sallah Jeng as Mayor of Banjul.
In his judgment, Justice Belgoreh said Pa Sallah Jeng was elected as Mayor of Banjul as an independent candidate. He told the crowded Court room that the plaintiff, Pa Sallah Jeng, was suspended from office by the Secretary of State for Local Government and Land. He said the Secretary of State for Local Government and Land had invoked subsection 4A of section 20 of the Local Government Act to suspend Pa Sallah Jeng from office. He pointed out that the letter written to Pa Sallah Jeng by the Secretary of State for Land was tendered in evidence. Going further, Justice Belgoreh said the Secretary of State for Local Government and the Attorney General were the respondents in this matter. He stated that a twenty five page paragraph supported the Mayor’s application. He noted that Exhibit E is the letter written by Hawa Sisay (the plaintiffs counsel) to the Secretary of State for Local Government. The learned judge pointed out that the letter in response to Lawyer Sisay Sabally’s letter
was also tendered in evidence. He said the respondents did not deny some of the paragraphs in the plaintiff’s affidavit. This he noted, amounts to admission in law. He said the procedure for the removal of a mayor is spelt out in section 20 of the Local Government Act. He spelt out the scenarios that should arise in order to remove a mayor from office. He said how a mayor is to be removed from office is what is significant. He cited section 22 subsection 2 to say that a resolution supported by two third of the council members is one of the pre-conditions for removing a mayor. He said the resolution passed by the councilors of Banjul was passed by eight councilors. He said four days after the issuance of this letter, the Deputy Mayor summoned an emergency meeting. The learned judge said he has looked at section 28 of the Local Government Act, and he has found out that only mayors are empowered to call such meetings.
Justice Belgoreh said there is no evidence to show that up to the time of calling the emergency meeting, the Deputy Mayor had not sent the no notice signed by the councilors to the Secretary of State. He noted that the Deputy Mayor is obliged within twenty four hours to send the no notice to the Secretary of State. He therefore pointed out that the Deputy Mayor had flouted the rules. Continuing, the trial judge said procedures have to be followed if a mayor is to be removed from office. He said if the Deputy Mayor was convening a council meeting; the notice should have given four clear days after exhibit B. The trial judge said there is no evidence to show that the Deputy Mayor has complied with the law. He pointed out that the Deputy Mayor has flouted the law. He said it is unlawful for the Secretary of State to suspend the mayor based on the developments that have taken place. He said Exhibit B does not have evidence to support the accusation against the mayor. He said section
24A of the Local Government Act has empowered the Secretary of State to suspend a mayor, he however noted that the Secretary of State is not given exclusive authority to carry out such an action.
Justice Belgoreh concluded his judgment by granting the following reliefs to the plaintiff (Pa Sallah Jeng),
(1) A declaration that the suspension of Pa Sallah Jeng as Mayor of Banjul by the Secretary Of State for Local Government and Land is null and void, and contrary to the Local Government Act 2002 as amended.
(2) A declaration that the no notice or resolution was signed or passed by the councilors of Banjul for the removal of Pa Sallah Jeng as mayor of Banjul.
(3) An order directing the first respondent (the SOS for Local Government and Land) to reinstate Pa Sallah Jeng as Mayor of Banjul.
(4) An order prohibiting the respondents from lawful interference with office of the Mayor of Banjul.
(5) An order directing the Secretary of State for Local Government and Land to revoke the appointment of the Acting Mayoress of Banjul.
(6) And such further orders.
WOMEN OF TALLINDING FACE DILEMMA
By Sainney I.B.Gibba
The Women of Tallinding Gilifit Kunda have recently been asked to vacate the land on which they have settled their market over the past few years. One market woman by the name of Binta Kinteh explained to this reporter that the place they have been using as a market had been an empty plot which has been there for years without any one claiming ownership or caring about its development. She said that the women of the area cleared the land without consulting the Alkalo, and made it their market place; that for the past four years, they have been selling there until a week ago, when a man and two ladies came and claimed ownership of the land and asked them to look for a place to use as market, instead, as they want to develop it. Asked what was their reaction, Mrs. Kinteh said that they went to the Alkalo and informed him about it but that the Alkalo told them that he has no powers over anybody’s property. He advised them to go to KMC for arbitration. According to her this is how
they went to the KMC and reported the matter with a letter addressed to the Chief Executive of the KMC, copied to the Alkalo, SOS Local Government, Lands and Surveys. She said that this is all geared towards soliciting support from the concerned authorities to help them retain the place for them to use as a market. She went on to explain that on the day they delivered the letter to the KMC many women showed up. For her part Amie Manneh another market woman said that the day the claimants came to the said market place claiming the land to be theirs, over 2000 women came out to protest on the grounds that they have no other place to use as market. According to her, they are far from Tallinding, Serrekunda and Latrikunda Sabiji markets and that during the rainy season, their roads are inaccessible due to floods. She indicated that they find it difficult to go to these Markets to buy commodities for their family consumption. Mrs. Manneh also noted that it is from this Market that
they have income to enable them pay the school fees of their children and other family needs; that taking the land from them will be a great set back for the women of the area. When asked how many women are selling at the Market, she replied that over300 women are currently selling at the said Market; that the authorities concerned, should help alleviate the plight of the women of the area and come to their aid. When asked what was the response from the KMC regarding the issue, Mrs. Manneh said that they are given up to Monday when they will go back to get the result. When contacted to shed light on the issue, the Alkalo of Talinding, Mr. Ebou Badjie, said the said land belongs to one Malick who purchased it as far back as the 1981 coup d’etat; that the said owner was paying tax.
According to him, one day one of the sons of the late Malick came with some personnel of the Physical Planning team of the KMC and told him that he wanted to develop he land of his father’s land and that he directed them to the place. He said that when they left, they never came back until when the women came to inform him about their encounter with the son of the late Malick. According to him, he informed the women that he has no power over anybody’s property but that they could go to the KMC and forward the matter to seek redress. He explained that they too left and that up to the time this reporter visited him none of them talked to him again about the matter; he did not hear from the women.
GROUP JUBBO IMPATIENT WITH SUKU SINGHATEH
“OVER D6 MILLION DEBT”
Hon. Suku Singhaten, the National Assembly Member for Lower Baddibu Constituency who is also a prominent businessman is said to be owing D6, o48, 000.00 (six million and forty-eight thousand dalasis) to a farmers’ association in Upper Saloum called ‘Group Jubbo.’ This revelation was made by the auditor of the group Mr. Momodou Leigh in a press briefing at Action Aid.
According o the auditor of the association, on April 29th 2005, the group entered into a contract with Hon. Suku Singhateh for the purchase of groundnuts amounting to D958, 095.23 metric tonnes valued at D8, 048, 000.00 which the group supplied to Suku Singhateh. The auditor however pointed out that Hon. Suku Singhateh agreed to pay by instalment basis as follows; first instalment payment of D2, 800, 000 to be paid by May
25th 2005; the second payment was to be made on July 25th 2005 amounting to D2, 800, 000 and the rest of the amount was to be settled in September 2005. The auditor indicated that Hon. Suku Singhateh gave them a cheque of D2, 800, 000 as payment of the 1st instalment but this cheque bounced when taken to the Trust Bank in order to cash it. He indicated that when this was communicated to Hon. Singhateh, he decided to give them another cheque in June 2005 amounting to D1 million and another cheque amounting to D1 million in July 2005. The auditor asserted that in all Hon. Suku Singhateh only paid the group D2, 000, 000.00 (two million dalasis) out of the D8, 048, 000 (eight million and forty-eight thousand dalasis).
When contacted by this reporter, Hon. Suku Singhateh indicated to this reporter that he (Suku) and group Jubbo are on the final stage of resolving the issue.
However, this reporter have learnt that Group Jubbo is becoming impatient with the lawmaker and are considering taking legal action against him.
DEYDA IS STILL ALIVE
Amie Joof Cole, FAMEDEV
Mrs. Cole said. “It is sad to note that for twelve months now, nobody in this country has been able to capture or arrest Deyda’s assassins. With a population of over one million people and the size of about 10,000 square kilometres, the Gambia is too small for a killer to be hidden for 12 months.” She added.
“As Journalists and professionals we strive to work with responsibility, respect for the rule of law and abiding by the principles of ethical Journalism.”
“As Journalists our pens, our Newspapers, our Radio Stations, our TV Stations, our Websites or what ever means we utilize as our medium of communication are stronger than a million soldiers or security agents put together. We are the watchdog of Society; we are the eyes and ears of the public. Our task is a very noble one and we should be proud of it.”
Fatou Jagne of Article 19 expressed that the government should create a conducive environment for Journalist to operate in. She however, added that the assassination of Journalist is the most serious crime one can ever thought of. A Senegalese Journalist, Alpha Sall of APS also called on the Gambian government to create a peaceful Senegambia, that that will symbolize the solidarity and brotherhood amongst its people.
Elise Schioeler, a Danish Journalist also added her voice calling on the Gambian authorities to provide protection for Journalists and create a climate free of impunity by bringing the killers of Deyda before the law.
Writing on behalf of the Gambia Press Union, United Kingdom Branch, Alieu Badara Sowe highlighted that during the last decade, arrests, intimidation, harassment, physical beatings, imprisonment and forced deportation of foreign Journalists have been the unfortunate daily experience of Journalists in the Gambia. “We would first of all like to use this occasion to re-iterate our call on the international community, law abiding governments, human right groups and members of the media fraternity to continue to apply much needed pressure on the Government of the Gambia to take the investigation into the assassination of veteran Journalist, Deyda Hydara more seriously.” The statement indicated.
The GPU Branch in the United States in a statement signed by Baba Galleh Jallow said Deyda Hydara is more dangerous today to his enemies, the enemies of truth and justice in our country than when he was alive. “We rejoice in that, Deyda is today taller than he could ever have been during his lifetime, that he towers like a giant over the heads of his brutal murderers and that he continues to strike at the root of the evil that took his life.” Deyda is proving more dangerous to his criminal killers because he has turned the full force of the international searchlight on our country. By his death, he has brought our Country under a sea of light and driven away all the shadows and darkness, and removed all the covers behind which hypocrites and demonic killers can hide their evil acts.”
Mr. Jallow emphasized. Deyda’s son, Baba Hydara writing from Paris told the conference that his dad’s crime was to be a Journalist and live in a world where freedom of speech should be practised and at the same time trying to uphold the ethics of Journalism. “During this horrible time I was really shocked that the Government, instead of pursuing his killers, they tried to bring dirt to the memory of my dad, but thank God nobody paid attention to those absurd allegations. Therefore, let me take this opportunity to remind them that we are the victims and not the enemy. We are just asking for the truth about what happened and we have the right as Gambian Citizens to request for an independent investigation to be held since his killers are still at large.”
Adelaide Sosseh, the Director of World View said freedom of _expression is an inalienable human right, and freedom of the press an indivisible part and a guarantee of other freedoms.
“There is no alternative to a free press. We have to be Vigilant in defending it. Let us recommit ourselves to the principles of a free, independent and pluralistic press that advances a culture of respect for human Security, human rights, for good governance and for social equality, peace and development for all nations and peoples.” She said. “No democratic society can exist without a free Press as indicated by Thomas Jefferson’s line that if he had to choose, he did prefer a free press without a government than a government without a free press.
The Editor-in-Chief of the News and Report Weekly Suwaebou Conateh described Deyda as a Journalist who worked hard for his country and happened to die for that cause. He added that the series of attacks on Journalist in the past years have increased fear in Journalist that they can also be killed if they do their work properly. He also renew calls to the government to speed up the investigations of Deyda’s murder.
The Reporters Without Borders delegate, Leonard Vincent, who had difficulty coming to the Gambia, indicated that the so-called, confidential NIA report has provided no positive move. “After this stifling year of tension, mistrust and fear things must be clear. If Reporters without Borders cannot be with you today in Banjul, if I cannot myself read my speech to you, it is because President Yahya Jammeh now sees Reporters without Borders as an enemy or at the very least as a trouble marker. But what do we want? We just want justice to be done. How? By discovering the truth, this goal is simple. There is nothing subversive about it. It should be shared by all those who cannot stand in justice, whether they are Presidents, Ministers.” Mr. Vincent said.
Madi Jorbateh, speaking on behalf of the Foundation for Legal Aid, Research and Empowerment (FLARE) said anywhere the press is muzzled, one has to be rest assured that the people of that society are equally silence simply because the press serves as the amplification of the voices of the people to reach each other as citizen on one hand, and on the other hand to hear and be heard by their government and representatives.
“In addition, we recall how these leaders promised to promote and protect press freedom. On this occasion, we are obliged to remind the Government of the Gambia of that promise and duty, and to also call their attention to the current situation in the Gambia, for truly the condition of the press has really deterioted far below what it was in 1994.” Madi indicated. Meanwhile, the conference had adopted a number of resolutions that it hope to engage the government with.
The commemoration of Deyda’s murder was characterised by the beating of a female Journalist by the police Intervention unit (P.I.U) The Journalist, Ramatoulie Charreh of the Daily Observer was severely beaten up on her way to the site where Deyda was gunned down. This happened when the Police barred the Journalists from going to the site to lay a wreath for their slain hero. She was rushed to the Royal Victoria Teaching Hospital where she was treated. She was discharged the same day.
JUSTICES TAHIRR AND BELGHORE SAY GOODBYE
Legal practitioners on Monday bade farewell to Justices Belghore and Tahirr. The duo are returning to Nigeria after successfully completing their tour of duty. There is no doubt that Justice Ahmed Belgoreh will be remembered as the Judge who acquitted and discharged Lieutenant Omar Darboe, lieutenant Lalo Jaiteh, Momodou Dumo Saho, Ebrima Yarboe, Ebrima Barrow and Momodou Marenah. He will also be remembered as the Judge who delivered Judgment in favour of Mayor Pa Sallah Jeng after the latter was suspended from Office by the Secretary of State for Local Government and Land. Justice Tahirr will be remembered as the Judge who acquitted and discharged Lawyer Ousainou NM Darboe, Rewane Seck, Shyngle Nyassi and Lamin Marong when they were arraigned in Court on murder charges. He will also be remembered as the Judge who granted bail to Ousainou Darboe, Yaya Jallow and Shyngle Nyassi after the State ordered their arrest and detention following the amendment to the Criminal Procedure
Code by the National Assembly. The amendment made it categorically clear that murder is an unbailable offence. However, in his ruling, Justice Tahirr ruled that Darboe and his colleague were granted bail by a High Court Judge before the Criminal Procedure Code Amendment Act made murder an unbailable offence.
Justice Belgoreh stated that his secondment to the Gambia was because of the Kadi appeal panel that was to be established. He, however, stated that the aforesaid Court has been denied his expertise right to the last day. “The powers that be in the Judiciary have found it convenient to use me as a tool to grease the machines of the High Court, groaning from the pressure of under staffing due to some human errors. The last quarter of my four-year stay in the Gambia has not been as enterprising as the first three years. This is as a result of many factors such as incessant power outages at my residence in the last one and half years. I hardly have continuous power supply for four days in a week. This has adversely affected my work. I used to come to my chambers after closing hours and during the weekends, but, on advice, I had to slow down on this practice. The net result of this is that my work has been slowed down and I now have a backlog of cases that cannot be completed by
me. This, certainly, is not a pleasant situation and I must have disappointed some people in this regard. I have tried my best, but my best may not be good enough. One thing stands clear and that is, I have satisfied my conscience and I have not deliberately neglected to perform my duties,” Justice Belghore said.
Justice Belgoreh called on Gambians to aid young people who are seriously underprivileged so as to create a better future for this country. “I have been able to place thirteen students in different institutions. Some of the institutions have been very kind to grant full scholarship to the students admitted by them. For those students who could not secure scholarship, I have personally taken up the responsibility to look after them. Ten of the beneficiaries will complete their studies this December leading to the award of various diplomas. Some universities in Nigeria to which these institutions are affiliated have agreed to give admission to the graduating students to enable them study for their degrees, based on their performance. Another student is traveling with me to Nigeria as we have been able to secure admission for her to pursue a study in Journalism. The college has been gracious to grant her tuition fee. I will be responsible for her accommodation, feeding,
transportation and other expenses. I am doing all these because I believe in the nation ‘The Gambia’ as a nation on of the future.
This Country has all it takes to be great and all hands must be put on deck to make it great”, Justice Belghore remarked.
Justice Abdou Karim Savage who deputized for Justice Gibou Janneh, said both Justices Tahirr and Belghore, delivered land mark Judgments. “Justice Tahirr and Justice Belghore discharged their duties with diligence and great sense of independence, fairness and Justice, demonstrated professionalism in their work and maintained a high degree of ethics. They co-operated very well with and supported the Office of Chief Justice in all its endeavours. The Judges contributed positively in enriching local jurisprudence, especially in the area of Sharia law. They both delivered landmark and instructive judgments and decisions, which by and large will stand as guidance for many years to come. In all, the two judges have played their roles and indeed played them very well, Justice Savage said.
Other speakers who spoke at the Ceremony were SOS Sheikh Tijan Hydara, Antouman Gaye, Edu Gomez and Justice Tahirr.
Comment: Great people think great and act great. There is no doubt that the position of judge is one of the most trying/challenging in civilised societies. Nevertheless, men and women of conscience who occupy such positions always give it the noble and sublime image it deserves. There is no doubt that Justices Belghore and Tahirr will always be remembered in the history of Jucstice in the Gambia as Justices of conscience; Justices of the people who stood their grounds to defend the ethics and principles of the society. They will undoubtedly be remembered or their selfless services and sense of professionalism by all those who love truth and justice.
STATE GUARD OFFICER KILLED IN AN ACCIDENT
By Abdoulie G. Dibba
Information reaching Foroyaa has it that a fatal accident which took place on Sunday (the 18th of December 2005) at the Bakoteh Junction along the Senegambia Highway claimed the life of Baba Baldeh, a young state guard.
According to an eyewitness, Baba Baldeh was part of the president’s convoy that was heading to Banjul along the Senegambia Highway. According to eyewitnesses, as Baba Baldeh arrived at the Bakoteh Junction, a vehicle driven by a Lebanese coming from Serrekunda hit him while he was riding a motorbike which resulted to his immediate death.
Foroyaa contacted Aziz Bojang, the Police PRO, on the issue, he told our reporter that he is just arriving from England and therefore could not comment on the issue since he is not abreast with what is on the ground. He however referred this reporter to Abdoulie Sanyang who pointed out that he did not know anything on the issue and that he need time to contact the authorities.
STOP PRESS
The Court of Appeal was supposed to be delivering judgment on the Appeal of the NADD trio at the time of going to press. See the next issue for the report.
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