If the Points article was frightening, this one is the real shock and awe.
You wonder who will investigate, prosecute any misconduct civil or 
criminal that may be committed by H.E or any of his SOS during their 
business dealing. Oh I forgot, they are not like us humans who could be 
corrupted in personal business ventures.


Malanding



Courtesy of the Daily Observer @
http://www.observer.gm/enews/index.php?option=com_content&task=view&id=4181&Itemid=33&PHPSESSID=9268f3337f8bd7833d9b1924f5cfd3e8


JUSTICE SOS SEEKS CONSTITUTIONAL AMENDMENT
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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