Oops... This was not meant for here...


Amadu Kabir Njie <[log in to unmask]> wrote:
Foroyaa Caught Up With Halifa Sallah, In New York



Reaction To The Supreme Court Decision



Foroyaa: As coordinator of the National Alliance for Democracy and Development, NADD; the secretary general of PDOIS and Minority Leader in the National Assembly, people are expecting you to clear the air regarding the Supreme Court decision that has left the National Assembly of the Gambia without a minority or opposition?

Halifa: I have been in Seattle close to Alaska and the Canadian border. I could not get access to the judgment that was sent to me until recently but had been briefed of the essence of the decision.

Foroyaa: Can you throw some light on the case?

Halifa: There is the famous diction of jurisprudence that justice must not only be done but it should be seen to be done. I would like to explain our position on the matter and leave the people to gauge the judgment of the Supreme Court on their own without any attempt to prejudice their minds. This will enable each Gambian or concerned person to determine whether justice is seen to have been done according to one’s own mature judgment.

Foroyaa: Most people expected that the NADD leadership would have studied this issue sufficiently enough to avoid the type of development that has taken place. How can it be explained?

Halifa: It is important to explain why we decided to register NADD, how it was registered and the implication of the registration for the sitting members of the National Assembly and the parties to which they belong when they were elected. These are the fundamental points at issue.

Foroyaa: Why did you have to register NADD?

Halifa: It is true that Gambians in the Diaspora did invite opposition leaders to discuss their basis of unity. This however was not sufficient to give birth to NADD. As long as their was the second round of voting the possibility existed for parties to contest the presidency in the first round and then give their support to the leading opposition candidate in the second round. It is worth mentioning that the elimination of the second round of voting through constitutional amendment by the APRC executive and majority in the National Assembly is the single most important action that gave adequate justification for the birth of NADD.

Foroyaa: How?

Halifa: It became clear to the opposition leaders that if they are unable to unite to put up one presidential candidate to contest against Jammeh, their division can spell easy victory for him. The need for and alliance or united front was realized by the opposition parties. Consequently, many sessions were held to discuss the possible forms of alliances that could be established.

We had the option to establish a party led alliance or an umbrella association with its name, emblem and other attributes. Since the political parties had their own supporters many executive members felt that if the leader of a given party were to be made a flag bearer to contest under his/her party ticket the supporters of other parties may not cast their vote for the person for fear of giving advantages to the party the person represents at the expense of their own parties; that the person may end up perpetuating himself or her self in office.. It was reasoned that since all the parties were to surrender their right to put up candidates in favour of one person it would be best for that person to surrender his/her party loyalty in favour of loyalty to the alliance. It was agreed that the establishment of an Alliance as a transitional instrument to promote the establishment of the standards of best practice in economic management, public service administration and good governance
was the best mechanism for mass mobilization for change in 2006. It stood to reason that no party could object to a transitional flag bearer who would lead for only five years and refrain from either seeking a second term or giving support to any candidate. This could bring about change and a level ground for future multiparty election .This is what gave rise to NADD.



Foroyaa: Why did you have to register NADD?

Halifa: The reason for this is simple. The constitution and elections decree states categorically that only an association which is registered with the Independent Electoral Commission can put a Candidate for elections. We had to register NADD in order for candidates to contest presidential, National Assembly and council elections under its ticket.

Foroyaa: Why did you register NADD as a political party and were you not mindful of the implications?

Halifa: We reviewed the elections decree to find out whether there was a provision under which we could register the Alliance. Even though there was no specific provision for the registration of an Alliance Section 127 of the Law gave the IEC discretion to address electoral matters that are not provided for by any law. Section 127 of the Elections decree reads:

Where any issue arises relating to electoral matters which is not addressed by this decree or any other law, the commission shall resolve such issue in keeping with the standards and rules of natural justice and fairness.

2) A decision of the commission with respect to an issue arising under subsection (1) shall be final and shall not be called into question in any court of law.

We conveyed our memorandum of understanding to the Independent Electoral Commission and relied in the discretion to register the alliance.

Foroyaa: Did the IEC register an alliance or a political party?

Halifa: It registered an alliance as a political party.

Foroyaa: How can an alliance be registered as a party?

Halifa: The elections decree makes provision for an association to be registered as a party. It did not restrict the definition of party to an association comprising of individual.

It stands to reason that an association can comprise individuals or groups. An alliance is an association composed of groups or political parties. It is an association based on group membership, As an association the alliance was registered as an umbrella party. This is what the IEC did.

Foroyaa: Has this been revealed to the Supreme Court?

Halifa: The Counsel for the Independent Electoral Commission did not mince words in defending the basis of NADD’s registration. He stated clearly that NADD was registered as a party of parties; That the parties comprising NADD are not deregistered and that as far as they were concerned they have issued directives for the parties comprising NADD to act through the umbrella party. We had no intention to mislead them about our intention to register an alliance. They acted on the basis of fairness and natural justice to register the alliance as an umbrella party. The supreme court is however the final judge

Foroyaa: Can you throw light on section 91(1) (d) of the constitution which the Supreme Court relied on to declare your seats vacant?

Halifa: Section 91 1d states that a member of the National Assembly shall vacate his or her seat in the national assembly if he or she ceases to be a member of the party of which he or she was a member at the time of his or her election provided that nothing in this paragraph shall apply on a merger of political parties at the national level where such merger is authorized by the constitutions of the parties concerned.

Foroyaa; Have you ceased to be members of the parties to which you were members at the time of your election.

Halifa: Our position is that we have neither resigned nor subjected to expulsion from those parties. Those parties have not been deregistered. Infact, the Supreme Court acknowledged that up to the time they were hearing the case we belonged to our parties and NADD.

Foroyaa: On what basis did the Supreme Court decide that you have ceased to be members of parties to which you were members at the time of your elections?

Halifa: The Supreme Court decision should be read by all who are in a position to do so and evaluate on the basis of one’s mature judgment. What I deduced from the decision is that NADD is a distinct party and that as of the time of the trial we belong to two parties; that since NADD was formed at a later date we have abandoned our origna1 parties.

Foroyaa: What is your reaction to this decision?

Halifa: I hope legal pundits would be able to explain to me whether an association comprising groups cannot be registered as a party. Secondly, I would like to know whether the IEC cannot utilize its discretionary powers to register an association comprising of parties, as a party. If they had done so, should a court penalize those who relied on the discretionary powers of the IEC to register an alliance as a party when the IEC has acknowledged that an alliance is an association with group membership and it could be registered as a Party. Of course, the court has original and exclusive jurisdiction to interpret and enforce section 91 (1) (d). We can only express our opinions.

Foroyaa: Can nothing be done to challenge the decision?

Halifa: We will look at the development and decide whether to resort to review by the Supreme Court.

Foroyaa: What next?

Halifa: We can seek a review. To subject our judicial system to continental review we may submit a case to the African Commission human and people’s rights. I am very concerned with the issue of the separation of powers. The seats are not my main concern. We can easily be seated again by the people in a by election. In my view any representative who is afraid of a midterm review of one’s mandate by the people cannot be a democrat. Infact a by election will give an opportunity to the people to endorse or reject our decision to establish NADD as an instrument for putting an end to self perpetuating rule and prepare Gambia for a genuine multi party electoral contest, free from intimidation or inducement. My basic concern is the integrity of the National Assembly and its members. National Assembly members risk being equated with employees of speakers and clerks if they can interpret and enforce constitutional provisions rather than being mere custodians and couriers where the law makes
provision for them to serve such purposes. We therefore need to focus on the integrity of the seats of National Assembly members so that a speaker who is just a nominated member and a clerk who is an employee of the National Assembly members would not be able to obstruct the performance or duties of those whom they are appointed to serve. Our counsel made a brilliant submission on this as an objection but the court utilized discretionary powers to set its decision aside to examine other substantive issues but reduced the exercise of the discretionary powers of the IEC to one of ILLEGALITY.

Foroyaa: Shouldn’t section 91(1) (d) be reviewed?

Halifa: Section 91(1) (d) was put in the constitution to prevent a cross carpeting of National Assembly members in search of personal benefits. The provision is there to encourage genuine alliances. Supreme Court can interpret laws in a progressive way or in a conservative way. It is the progressive interpretation of laws in line with the spirit and intention of the makers of the law that helps to consolidate our democratic existence. In my view, the doctrine of the separation of powers is still new and African countries would need members of the executive, legislature and judiciary, who are truly committed to these principles to ensure the checks and balances necessary for the arms of the state not only to serve the public interest but also seen by the public to be serving the public interest.

Foroyaa: What message do you have for the public?

Halifa: I am genuinely convinced that a country needs a responsible government and a responsible alternative should the government fail to meet the aspirations by the people. NAAD is designed to draw all opposition parties to be committed to a rectification program that would even serve the interest of the country. Once the standards of best practice in governance has been consolidated, the Gambian people would be free to choose their leaders without fear or inducement. This is NADD’s agenda. Of course the Supreme Court decision has not nullified the agenda. What it has done is to consolidate NADD and make it the architect of the third republic. In my view, 7 July can be symbolically taken as the date for the founding of NADD and the Third Republic. I have no regrets

Foroyaa: Have you been informed of Jammeh’s comments on NADD?

Halifa: The Gambian people deserve a responsible government and a responsible alternative government. A responsible government would dwell on issues to

promote the liberty and welfare of the people. A power hungry leadership will never recognize the good in the citizenry and would promote indecency and hatred as means and preserve their political kingdom. Those who wish to be responsible alternatives should promote political decency, seek to win the confidence of the people with their wisdom and humility and promote national unity and the empowerment of the people. I would want the Gambian people to realize that president Jammeh has no personal power. What is in his hand is the power of the state. This power belongs to the people. Africa has passed the stage of tyranny. Since president Jammeh abuses the state power entrusted to him by the people they reserve the right to take it away from him in 2006 and entrust it to NADD to test whether they also will use the power of the people to promote their liberty and general welfare or not. There is no need for despair. The struggle for the empowerment of the Gambian people is on course.
There will be no hesitation or break. All difficulties shall be surmounted to attain victory. The by elections will give the first signal of the beginning of the end.









---------------------------------
Yahoo! Messenger NEW - crystal clear PC to PCcalling worldwide with voicemail

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

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



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

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

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


---------------------------------
Yahoo! Messenger NEW - crystal clear PC to PCcalling worldwide with voicemail

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

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