Written by Alhajie Jobe    
   
      Monday, 24 April 2006 
   
      Mr Sheikh Tijan Hydara, the Secretary of State for Justice and Attorney-General, recently tabled before the National Assembly a bill to amend Sections 68(4) (A) and 72(4) (A) of the 1997 Constitution dealing with the removal of limitation of trade and other services from public office holders.
   
  He told the National Assembly that the amendment seeks to remove the restriction imposed on the holders of the Office of the President, Vice President and Secretaries of State to engage in trade, business or other undertakings while they remain in office. 
   
  According to him, Section 68(4) (a), as it is, provides that the President shall not: “While he or she continues in office as President, hold any other office of profit or emolument whether public or private, occupy any position carrying the right to remuneration for the rendering of services, or directly or indirectly carry on any trade, business or other undertaking. Provided that the President may undertake and carry on any agricultural business including farming, horticulture, livestock rearing and artisanal fishing.”
   
  
  The amendment sought from the National Assembly, he said, is to substitute for that provision the  following new provision. “The President shall not while he or she continues in office as President, hold any other office of emolument, whether public or private, or occupy any other position carrying the right to remuneration for rendering of services.”
   
  
  In respect of Section 72(4) (a), he said the 1997 Constitution states: “The Vice President and Secretaries of State shall not while they continue in office, hold any other office of profit or emolument whether public or private, occupy any other position carrying the right to remuneration for the rendering of services, or directly or indirectly carry on any trade, business or other undertaking. Provided that the Vice President and the Secretaries of State may undertake and carry on any agricultural business including farming, horticulture, livestock rearing and artisanal fishing.”
   
  
  SoS Hydara proposed that this provision should now read: “While they continue in office, hold any other office of emolument, whether public or private, or occupy any position carrying the right to remuneration for rendering of services.”
   
  
  Despite this amendment proposal, SoS Hydara made it clear that the President, Vice President or Secretaries of State are still subject to the provisions of subsections 68 (4) (b) and (c) and subsections 72 (4) (a) and (b) respectively which provide that: “The President, Vice President and Secretaries of State shall not undertake any activity inconsistent with his or her official position or expose himself or herself to any situation which carries with it the risk of a conflict developing between his or her official concerns and his or her private interests; and use his or her position as such or use information entrusted to or received by him or her in an official position directly or indirectly to enrich himself or herself or any other person.”
   
  
  But he emphasised that the Constitution actually did not totally forbid that the holders of the Office of the President, Vice President or Secretaries of State should not hold any other remunerative office; instead, he pointed out, it only limited them to agricultural business including farming, horticulture, livestock rearing and artisanal fishing. 
   
  
  Rationalising the amendment proposal, SoS Hydara said the amendment process is a rare opportunity for sober reflection on the need to make public service more attractive for public office seekers and holders and thereby have robust participation in public and national life.
   
  
  He said: “It is for the public good of The Gambia that quality aspirants into public service, especially the Office of the President, Vice President and Secretaries of State should not be scared away by limitations to what they can legitimately do or not do if they are elected or appointed into such office. Our senior citizens, experienced and successful businesspeople, career persons and other professionals are being hindered by the existing limitation to give their best to the development of the country.”
   
  
  Other merits of the proposed amendment, according to SoS Hydara, are that it will enable public officers who can farm, raise poultry or livestock contribute to the economy by facilitating productive  employment for job seekers, besides attracting more investors and investments into the country. It will also prevent the waste of human skill, natural endowment and resources, he said, adding that it will equally serve as a source of inspiration and lend credence to dignity of labour if our most senior citizens are seen to be actively engaged in any field of human endeavour.

		
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