FYI
>From: "Amie Sillah" <[log in to unmask]>
>To: [log in to unmask]
>Subject: Foroyaa Newpaper Burning Issue
>Date: Fri, 11 Aug 2006 13:26:57 +0000
>
>
>
>Foroyaa Newspaper Burning Issue
>
>Issue No.64/2006, 11-13 August, 2006
>
>
>
>Editorial
>
>ANOTHER EVIDENCE OF IEC’S DISREGARD OF THE CONSTITUTION IN DETERMINING THE
>DATE FOR PRESIDENTIAL ELECTION
>
>Section 43(1)(d) states that subject to the provisions of the constitution
>the Independent Electoral Commission shall be responsible for ensuring that
>the dates, times and places of public elections and referenda are
>determined in accordance with law and that they are publicized and
>elections held accordingly.
>
>This means that a competent Independent Electoral Commission should know
>the letter and spirit of the Constitution and should perform their duties
>in line with its provisions. FOROYAA has always maintained that September
>22 falls short of the constitutional requirements to hold a presidential
>election.
>
>The most glaring confirmation of FOROYAA’s view is the Bill published to
>amend the Constitution which was also amended in 2001. Section 63(2) states
>that “The person elected President shall assume office sixty days following
>the day of his or her election…” Needless to say, since the term of office
>of a President lasts for five years President Jammeh’s term ends on
>18th December 2006. If the president elected on 22nd September is to assume
>office under the Constitution he/she would have to do so on 22nd November
>2006, a month before the end of term of office of the President.
>
>This is why the state is trying to amend section 63(2). In the object of
>the amendment the Executive states that the Bill seeks to amend section
>63(2) of the Constitution of the Republic of The Gambia, which duly
>restricts the date for a presidential election by providing that an elected
>president shall assume office sixty days following the day of his or her
>election.” The implication of that provision is that the election must be
>fixed on a particular day that satisfies both the sixty days requirement
>and the expiration of the term of office of the President.” These are the
>very words of the Executive. It is clear to them that to meet the
>constitutional requirement the election must take place two months before
>the expiration of the term of office of the President. Why did the IEC put
>the date to 22 September 2006?
>
>We hope the IEC will now review all the decisions they have taken, engage
>the Inter-Party Committee in discussion and seek proper legal advice in
>determining new dates for elections.
>
>In our view to leave an incumbent to stay in office for three months after
>he/she has lost an election does not make democratic sense. What is logical
>is to hold elections two days before the expiration of the term of office
>of the incumbent so that whoever wins an election will assume office the
>following day after the announcement of the results. The constitutional
>amendments should have been geared towards such a development.
>
>
>
>
>
>NADD AND UDP/NRP VIEWS ON UNITY
>
>NADD Executive Secretary
>
>Dear Colleague,
>
>Your letter ref. NADD/FA/02/02/06 of 6th August 2006 refers.
>
>The joint Executive Committee of the UDP/NRP respects NADD’s decision to
>reject the proposals emanating from it.
>
>The UDP/NRP Alliance wishes to draw NADD’s attention to the fact that
>legally UDP/NRP cannot be part or members of NADD. The NADD Executive seems
>to be ignoring the decision of the Supreme Court in the case of Sallah and
>others Vs. The Clerk of the National Assembly and others. The suggestion
>that UDP/NRP Alliance is to state categorically whether it is willing to
>join NADD is a suggestion that fails to recognize the legal position that
>parties cannot form or be members of political parties. Although Mr. Hamat
>Bah and Mr. Ousainu Darboe and indeed any other Gambian is free and entitle
>to join NADD the political party under whose umbrella you propose to
>sponsor candidates for any election the reality of
>
>the matter is that neither Mr. Bah nor Mr. Darboe is willing to resign
>their membership of their parties to rejoin NADD.
>
>The leadership of the UDP/NRP Alliance is very conversant with the laws of
>The Gambia and in particular laws regulating and governing election
>matters. Probably if the views of some people who are part of the UDP/NRP
>Alliance were heeded the legal and constitutional mess created by the
>registration of NADD would have been averted. The UDP/NRP Alliance is not
>seeking and has never sought power for its sake. It is an Alliance that is
>genuinely committed to the amelioration of the worsening conditions in all
>aspects in The Gambia.
>
>Finally I regard your rejection, without any discussion, of our proposal as
>a rejection of our invitation to meet and discuss and this we accept in
>good faith.
>
>Yours in the service of the truth.
>
>A.N.M. OUSAINU DARBOE
>
> (For UDP/NR.P Alliance)
>
>
>
>NADD’S RESPONSE
>
>Dear Mr. Darboe,
>
>ON THE CONTENTIOUS ISSUES RAISED IN YOUR LETTER
>
>Your memorandum of 7th July has been received.
>
>The Executive Committee of NADD respects your decision not to be part of
>the NADD compact. Of course NADD cannot be part of the expanded UDP/NRP
>Alliance since the two parties were part and parcel of NADD’s political
>arrangement.
>
>However, the Executive Committee of NADD was very much disappointed that
>you proceeded to indicate in no uncertain terms that the Supreme Court case
>Sallah vs the Clerk of the National Assembly and others has barred the
>UDP/NRP alliance from stating categorically its terms and conditions for
>re-engaging NADD. The Executive Committee will convey its rejection of your
>political interpretation of the Supreme Court decision and its immense
>revulsion for your description of the greatest demonstration of political
>will by the opposition by registering NADD as an umbrella party, as a legal
>and constitutional mess. I decided to seek authorization from the Executive
>Committee to address such issues
>with greater clarity since you claim that the registration of NADD was
>against your advice.
>
>Mr. Darboe, even though I, Halifa Sallah, was not around when the NADD
>Executive Committee sent papers to IEC for registration of NADD, even
>though as Minority Leader in the National Assembly and member of the
>Pan-African parliament I had more to lose in terms of post than any member
>of NADD when our seats were declared vacant, even though there had not been
>the slightest indication that I will be made flag-bearer before the court
>decision, I did not hesitate to tell the whole world that the registration
>of NADD was a blessing in disguise. The reason for this is simple.
>
>It is incontrovertible that once the MOU was signed by the representatives
>of all the political parties to establish NADD its registration became
>mandatory in order to give relevance to its letter and spirit. Let me refer
>you to the MOU to buttress my point.
>
>Article 16 of the MOU states that “The Alliance shall have an emblem,
>colour, motto and symbol to be determined within one month of the coming
>into force of the agreement with the full participation of its supporters
>and sympathizers.”
>
>Suffice it to say that Article 8 also adds that “The selection of the
>candidate of the Alliance for presidential, National Assembly and council
>elections shall be done by consensus, provided that in the event of an
>impasse selection shall be done by holding a primary election restricted to
>party delegates on the basis of equal number of delegates, comprising the
>chairwoman and youth leader of each party from each village/ward in the
>constituency.”
>
>Mr. Darboe, you have mastered the chapter and verse of your profession. I
>do not need to quote section 60 of the Constitution to prove that the
>registration of NADD was connected with, dependent on and determined by the
>letter and spirit of the Memorandum of Understanding that all parties
>signed in public knowing fully well what its contents were. NADD had to be
>registered in order for us to contest under its ticket. This is the
>requirement of the Constitution and the Elections Decree. Hence the attempt
>to register NADD was not a constitutional or legal blunder; on the
>contrary, it was a constitutional and legal necessity.
>
>Hence anyone who sees the registration of NADD as a legal and
>constitutional mess must equally consider his/her signing of the memorandum
>of understanding as a historical blunder or folly. If signing the MOU is
>considered a blunder where lies the integrity of its signatories.
>
>In short, before we agreed on the content of the MOU we set up a technical
>committee comprising the experts of all the political parties. Your party
>was represented by people of high intellectual calibre. Within the
>technical committee were former permanent secretaries and people with PhD.
>As far as I am concerned, the signing of the Memorandum of Understanding
>and the registration of NADD were the highest demonstration of political
>will by the opposition to bring about democratic change in the Gambia. We
>proved that we were determined to unite for change regardless of the peril
>or the cost. I must admit that the UDP representatives earned my trust for
>the diligent
>way they participated in the work of the technical committee. We should not
>rewrite history because of the momentary convenience and rob such
>honourable intellectuals of due credit. The determination mustered by all
>to consolidate NADD was manifested after the court decision.
>
>After our seats were declared vacant, we again had opportunity to dismantle
>NADD and return to contest the by-elections under our respective parties.
>We were given ample time to make our decisions. We concluded that our
>different parties will remain allies while we allow the Executive Members
>to remain in NADD so that it could serve as an umbrella party. This is why
>all Executive Members of the various parties symbolically resigned from
>their parties to remain Executive Committee Members of NADD. This again was
>the second most important demonstration of political will, by the
>opposition to ensure unity. It earned us the respect and admiration of the
>electorate for not being self seekers.
>
>The sacrifice paid dividend. We did not only win our seats back, the APRC
>regime became so threatened that it had to arrest members of the NADD
>leadership which gave rise to its total national and international
>isolation. The coming of President Obasanjo, the signing of the memorandum
>of understanding and the massive solidarity NADD received nationally and
>internationally confirmed that it was the best instrument to utilize to
>contest the 2006 presidential election.
>
>Mr. Darboe, the fact that Mr. Bah left NADD at a time when he was pursuing
>an election petition as a NADD candidate confirms where the political and
>strategic blunder originated from.
>
>We first stood by NADD with an iron will. It became an invincible rock
>which was split by your withdrawal. This is why NADD has done everything to
>open its doors for re-engagement. It is therefore immensely amazing that
>you would conclude that you regard our rejection of your proposal as a
>rejection of all invitation to discuss. I will leave the NADD Executive to
>clarify its point.
>
>As far as I am concerned, I have engaged you in a very honest and sincere
>discussion because of my conviction that an alliance is the best mechanism
>to contest the 2006 elections. An alliance on NADD’s terms provides
>conditions that we have all signed to honour. An alliance on UDP/NRP terms
>is yet to be defined in form and content. This is the point. NADD gave you
>the option of making proposal on how one of your parties should declare its
>desire to lead an opposition alliance and then offer its terms to other
>opposition parties for consideration rather than hide behind the cloak of
>an expanded UDP/NRP alliance which can never be known to the law.
>
>To show you that as a flagbearer of NADD I have always been opened to
>principled compromise, I would like to give an example of how to make our
>discussion relevant, realistic, and indispensable. In a word, would you
>agree to a proposal for NADD and the UDP/NRP Alliance to draw a list of
>possible candidates and then select a group of prominent Gambians to select
>one among their number to be a compromise candidate for the presidential
>elections. This candidate can be restricted to a term of 2 or 3 years to
>implement a rectification programme and prepare the country for free and
>fair elections.
>
>Secondly, it gave you the option of revisiting the MOU establishing NADD.
>
>Thirdly, it gave you the option of giving form and content to the UDP/NRP
>alliance to enable us to determine how it could be engaged without being an
>expanded part of it.
>
>How you can interpret these positions as closing the doors for discussion
>beats my imagination.
>
>Secondly, since the flag-bearer of your alliance wants no restriction to
>his term in office to a five year term, would you accept an arrangement
>where the NADD flag-bearer becomes the presidential candidate and sit for
>three or five years while a system embodying a prime minister is introduced
>to enable the flag-bearer of the UDP/NRP alliance to head a coalition
>government. The president will be barred from seeking a second term while
>the prime minister is allowed to seek the normal term of the presidency.
>These are the type of concrete proposals we expect from you as we race
>against time.
>
>I would want your opinion on these proposals before Saturday 12th August
>2006. In the meantime, we are going ahead with our preparations to put up a
>candidate. If you end up being found to have taken an irreversible decision
>to contest the election on your own terms, we will leave history to deliver
>its verdict.
>
>If I fail to receive a positive response or a concrete proposal by Saturday
>I will issue a statement to call on the Gambian people to give full support
>to my candidature as the NADD flag-bearer.
>
>To conclude allow me to say that history has record of the fact that we
>signed a Memorandum based on commitment. We registered NADD based on
>conviction. We lost our seats but still decided to stand under a NADD
>ticket based on conviction. NADD still exists because of that conviction to
>unite and bring about the minimum standard of democracy necessary to enable
>the people to take charge of their destiny and free themselves from
>impunity and self perpetuating rule in order to live in liberty and
>prosperity.
>
>I hope we have reached a common understanding of what actually happened. If
>you disagree with my view I will be honoured if we meet at Father Farrell
>Hall to put our different positions to an audience in the interest of
>transparency and accountability, as we prepare the ground to challenge the
>APRC regime. We should clear the ground once and for all and restore the
>climate of respect that has always characterized our relationship.
>
>Yours in the service of the Nation.
>
>Halifa Sallah
>
>
>
>NDONDI NJIE RE-ARRESTED
>
>By Yaya Dampha
>
>Reports reaching Foroyaa indicated that the Former Chairman of the IEC,
>Mr.Ndondi Njie who was arrested alongside two commission members in the
>Persons of Sulayman Sait Mboob and Ebrima Sanneh, was rearrested by State
>Security Agents on Monday night after they were released from the Serious
>Crimes Unit. According to sources, the former Chairman, was taken to the
>National Intelligence Agency head office in Banjul, where he was initially
>detained before they were transferred to the Serious Crimes.
>
>The family members of Mr. Njie confirmed that the latter was up to
>Wednesday night, detained at the NIA office. On whether he was charged or
>not, his family members said they did not know whether he is charged or
>not.
>
>Efforts to speak to the Director of NIA on why Mr. Njie was arrested and
>detained proved futile.
>
>
>
>JOURNALIST MISSING FOR 37 DAYS
>
>Babucarr K. Sowe
>
>The disappearance of Chief Ebrima Manneh, a reporter with the Daily
>Observer newspaper, has entered its 37th day, today Friday.
>
>Manneh, who was reported missing by his family on the 6th of July, 2006, is
>yet to be found. His Father Sarjo Manneh, has confirmed that up to the
>time he was talking to this reporter, he has been unable to establish where
>his son is.
>
>The Father added that he was told at the Daily Observer offices to wait for
>three days, upon which he will be informed on their efforts regarding the
>search for his son.
>
>Due to an illness the Father is suffering from, he said, he could not
>return to the Daily Observer.
>
>However, the President of The Gambia Press Union, (GPU), Mr. Madi Ceesay,
>has informed Foroyaa that a delegation from the GPU went to the National
>Intelligence Agency (NIA) to find out, whether Mr. Manneh was detained
>there or not. He however said that they were told that Mr. Manneh was not
>with them.
>
>
>
>
>
>BRIKAMA MARKET VENDORS WARNED
>
>By Modou Jonga
>
>Vendors at the Brikama Market have been threatened with arrest. The
>cleansing service supervisor at the Brikama Area Council Lamin Luwang
>Konteh has indicated that any vendor found urinating around the closed
>toilet at the market would be arrested and handed over to the Police. Mr.
>Konteh refused the request of permission from a group of vendors who said
>that no alternative place has been opened for them to ease themselves since
>the closure of the main toilet. They complained that they were asked not
>to urinate in the area without any reason given to them. Mr. Konteh has
>sternly warned vendors to desist from urinating at the said spot
>immediately or risk being arrested and handed over to the Brikama
>Police. According to Mr. Konteh, the continuous urinating at the area is
>unhygienic and if allowed, it would affect the sanitary conditions of the
>stores close to the spot and the vendors selling nearby.
>
>“Any vendor found urinating at this place will be arrested and taken to the
>Police station without fear or favour,” he emphasized.
>
>When asked by this reporter what would happen to the vendors, Mr. Konteh
>answered, “That will be left to the discretion of the Police.”
>
>Many of the market vendors who spoke to this reporter said they are finding
>it difficult to cope since the Brikama Area Council took this decision.
>They have however appealed to the cleansing service supervisor of BAC to
>help them by repairing the toilet.
>
>
>
>
>
>KASSA JATTA AND OTHERS ARRAIGNED IN COURT
>
>By Lamin Fatty
>
>The case of Dudu Kassa Jaata the first accused, Omar Jatta, Lamin Jawara,
>Isatou Jawara, Lamin Jassey, Mariama Fatty, Mamburama Jatta and Chernor
>Ndow Jarju, was brought before the Kanifing Magistrate Court on the
>7th August, 2006. Mr.Camara defense counsel for the accuse persons, made an
>application to have access to his clients and for them to be granted bail.
>The group has been under detention at various Police Stations, since last
>week Tuesday. According to Mr. Camara, section 99 of the criminal code
>should be applied for bail to be granted to the accused persons. According
>to Mr. Camara all the accused persons before the court had been detained
>beyond
>the 72 hour mandatory period allowed under the constitution. He also said
>that accused no.1 Dudu Kasson Jaata, No.2 Omar Jaata, No.5 Isatou Jawara
>and No.4 Lamin Jawara, were all arrested on Tuesday, and where detained at
>various Police Stations in the greater Banjul area without access to their
>families, friends and legal counsel. He said the accused in the persons of
>Mariama Fatty, Lamin Jassey, Cherno Ndow Jarju and Mamburama Attar are all
>minors under the age of the 18 years and that these people voluntarily
>surrendered to the Police in Bakau, since the 3rd of August, 2006. Lawyer
>Camara indicated that police Investigations on this matter has also been
>concluded which is why the accused persons have been
>charged and brought before the law. Lawyer Camara finally told the
>Honorable court to grant bail to the accused persons. In objection to the
>application made by the defense counsel, Prosecutor Bojang made references
>on points of law, but failed to adequately convince the court. He sited
>section 19, sub section (3) (b) of the 1997 constitution of the Gambia,
>which stated that the police have the right to detain anybody for a period
>of 72 hours; that the police are doing their investigations, which is yet
>to be completed; that this is why the accused persons should not be
>released on bail. Mr. Bojang however acknowledged that the court has the
>final mandate to any submission made by either the defense or the
>prosecution. The court however ruled against his objection to bail and the
>accused persons were granted bail. The magistrate therefore granted the
>accused persons bail with an amount
>of D1500.00 each and sureties. They were also warned not to engage in any
>threat of violence but to keep the peace within the period; that other wise
>they will have their bails forfeited.
>
>
>
>800MM OF RAINFALL EXPECTED
>
>By Isatou Bittaye
>
>The senior meteorologist, Mr. Lamin Mai Touray has said that at least 800mm
>of rain is expected in this year’s rainy season.
>
>Mr. Touray made this statement in an interview with Foroyaa recently. He
>said the highest amount of rainfall recorded as at the end of July is
>390.5mm, and it was recorded in Kerewan, in the Northern part of the
>country. He said the lowest amount is recorded in Serrekunda.
>
>He indicated that the highest rainfall recorded per day is 85.4mm and it is
>recorded in Kuntuar and the lowest is trace. He said the average rainfall
>recorded is 233mm. he added that the highest rainfall normally occurs in
>August and the lowest occurs in June and October. Mr. Touray said that the
>rainfall pattern is due to the tropic of cancer and Capricorn. He said if
>one is active, the other is dominant, and the rainfall is high when both
>are active, nothing that this year’s rainfall per day is lower compared to
>last year’s which recorded over 100mm and the floods which occurred this
>year are caused by the structural plans, such as the road construction.
>
>
>
>
>
>THE APPALLING STATE OF THE MANJAI DUMPSITE
>
>Residents Voice Out Their Frustration
>
>By Musa Barrow
>
>Despite assurance by Councillor Momodou Sidibeh of Manjai Kunda Ward that
>the Manjai dumpsite would be fenced inorder to put it beyond the reach of
>children, about twelve months after his pledge, the status quo remains
>almost the same as it was last year.
>
>Neither has a fence been erected nor has the dumping at the site ceased.
>Apart from the heaps of rubbish which are visible from a distance, Manjai
>dumpsite is also littered with sharp metals and broken bottles which pose a
>lethal threat to children who roam the site.
>
>when our reporter recently visited the dumpsite, he saw children as well as
>women scavenging on what they term as valuables. Surprisingly, one of the
>scavengers, a woman who looks to be in her late thirties, told our reporter
>that the dumpsite serves as a source of income for her. She said the metals
>she picks up from the dumpsite are sold inorder to earn her some money.
>Speaking to our reporter, one Ibrahim Fatty a resident of Manjai Kunda who
>lives just a few metres from the dumpsite described it as an awful and a
>deplorable sight. He said living near the dumpsite is utterly unbearable,
>as they live at the mercy of mosquitoes and all types of insect. According
>to him, these insects, apart from the inconvenience of their bites, pose
>grave threats
>to their personal hygiene. Two ladies, one Amie Camara and Isatou Touray,
>who also reside just next to the dumpsite, also expressed the agony they
>and their children go through. They said children are often struck by
>flying-ants which leave enormous pain on them. The two ladies further
>indicated that, although promises were made to rehabilitates the site,
>according to them very little has been done so far.
>
>Foday Ceesay, a youth who also resides not far from the site, also
>expressed dissatisfaction over what he called the frequent outbreak of fire
>at the site, which in turn triggers a cloud of smoke over the area. He
>pointed out that breathing the smoke from the dump is a health hazard to
>the residents. He noted that its impact on children could be too
>devastating and early. Perhaps if you are contemplating to visit Manjai
>dumpsite, one thing you are assured of is a rousing welcome from a special
>breed of fat tsetse flies that live in the heartland of the odour.
>
>
>
>EFFECT OF FLOODS AND THUNDERSTORMS
>
>By Isatou Bitaye
>
>Lamin Touray, a Senior Meteorologist at the Meteorological Unit, has urged
>people to desist from using their electrical appliances and telephones if
>their houses are flooded with water.
>
>Mr. Touray indicated that contaminated flood water has serious health
>implications. He said medical attention should be sought if health
>problems are noticed in a flooded area.
>
>“Floods occur when water overflows its normal channels, such as streams and
>water drains. They may also occur when there is accumulation of water in
>areas which are not normally submerged. Flash floods are usually
>associated with severe thunderstorms”, said the Senior Meteorologist Mr.
>Lamin Touray added that buildings should not be constructed in flood areas
>or a water course. He said the following precautions should be taken when
>floods are likely to occur.
>
>·Move valuable food and other possessions upstairs where possible.
>
>·Turn off electricity if flood is about to happen.
>
>·Ensure that gloves are worn when handling affected items.
>
>·Thoroughly disinfect and dry affected household items.
>
>·Protect stock and equipment on commercial or industrial premises.
>
>·Keep animals in a safe place on higher ground (in rural areas).
>
>He said after floods have occurred, doors and windows should be opened. He
>said equipment should be dried out and children should not be allowed to
>play in flood water areas.
>
>He said lightning occurs with thunderstorm and are cause by the build- up
>and discharge of electrical energy between positively and negatively
>charged areas in the atmosphere and clouds, noting that the ground strikes
>are dangerous in lightning.
>
>He advised that, people should stay in doors and stay away from windows and
>electrical appliances during thunderstorm. He added that if one is found
>in the open during thunderstorm, one should seek shelter in a building,
>noting hill tops and lone trees should be avoided during thunderstorms.
>
>Mr. Touray indicated that thunderstorms are easily identified by thunder
>and lightning and usually last for 30 minutes, but severe storms may last
>longer. He said there are four dangerous types of weather that can be
>generated by thunderstorms. He said these are lightning, wind gusts
>(squalls), hail and tornadoes. He said tree branches should be trimmed and
>roof gutters should be cleansed and check.
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