Bailo,
I share your concern for your friend Kebba. I am more touched by your
resignation that Yahya cannot or will not do anything to correct Kebba's misfortune
at the hands of overzealous and clueless GTA officers. I want to see whether
your sharing of the story could yield considered relief by Yahya. And I will
try to focus on this event.
The one-storey wooden house that was torched by the GTA, do you know if
Kebba was the owner or whether he was settled there legally? This question,
whatever the answer, only serves in considered remediation and is not in itself a
determinant factor bearing in mind Kebba's value to the nation. I will
appreciate it if you can share the answer with us.
Kebba seems to be an upstanding citizen and was actively contributing to
Yahya's larger goals of poverty reduction/alleviation and Back to the farm
initiative. In addition, I think Kebba is indirectly contributing to the health of
the tourist industry by developing a bird-watching stage. Indeed, the GTA
will have been best advised to help Kebba develop the stage and associated
sanctuary to incorporate it in their grand design for enhancing the tourist
industry or eco-tourism. The GTA has been under pressure to perform by Yahya, and
it could be that they view their heartless and destructive action to
demonstrate to Yahya that they are doing something when in fact they are cutting
their throats to spite their faces. And Yahya will not be pleased with this
counterproductive activity of the culprit officers of the GTA.
1. Whenever the GTA or other authority envisages destruction of real
property, the eminent domain is guided more by their expected use of that property
against the current use. So Kebba's tenure on the property (which had
improvements) is secondary in the regime of eminent domain. Not that that is not
significant but only becomes issue when the primary estoppel is thoroughly
considered and justified.
2. When the estoppel is justified, there must be time certain of
notification for adverse action. This notification is delivered to the current owner of
said property and copy afforded to the current resident if different from the
titledeed-holder.
Kebba's other agricultural engagements and value to Gambia is added counsel
for Yahya's consideration but is not under the purview of the GTA or the
destroyers.
Thirdly, but not the least, is the schedule of GTA's proposed development of
the site. That should be considered by the GTA when it issued the proper
notice to vacate. The illegal occupation of property in itself, even if the
property exisits in a designated TDA, is beyond the jurisdiction of the GTA if
there are no imminent development plans for the site. I am informed that Yahya
likes development for Gambia but he insists on judicious development. And
most of these trespassing or impoundment of citizen rights are completed without
his prior approval. Some are done with his tacit approval but the trick is to
identify which ones do not bear his signature. Yahya could help in
coralling errant directors who fail to issue proper guidelines to their clueless
officers and agents. What I wish to share is that some officers and directors
wish to give the impression that Yahya is to blame whenever they demonstrate
idiocy.
I encourage Kebba to share his aversion with Yahya directly or through
counsel and urge Yahya's consideration. He must not give up because he will
inadvertently contribute to the sometimes malignant view and presumed negligence of
Yahya. We can help Yahya understand where disdain for him is generated.
Here's to urging Yahya's due consideration of Kebba's dilemma. For it is
Kebba today, it may be Modou tomorrow.
Haruna.
In a message dated 8/13/2008 9:17:30 P.M. Mountain Daylight Time,
[log in to unmask] writes:
Last Friday, Kebba's life took an unexpected turn for the worst. His
struggles for a dignified existence for himself withinThe Gambia was rudely
shattered by the Gambia Tourism Authority (GTA). The one-storey wooden house that
had served as Kebbas sheltered from the elements and doubled as his
bird-watching vantage point was set ablaze without a day's notice by officials of the
Gambia Tourism Authority.
I first met Kebba in late 1994 at the Black & White Beach Bar & Restaurant
where he used to work part-time as a cook. Kebba is in his mid 40's and
carries the dreadlock hairstyle so fashionable with Gambian youths working on the
beach. He is an easy-going person who likes minding his own business and
making ends meet through his own hardwork: sweating and toiling on the land and
under the sun. Kebba was borned in Sukuta, Kombo North from a family of Islamic
scholars where he studied Arabic and Islam. He also attained western-type
education from primary up to secondary school level. In spite of the basic
level of his formal education, Kebba speaks and write better English than many
university graduates. He uses a rich and varied choice of vocabulary in the
English Language when explaning to me of his travel experiences around the
sub-region. He is an authority of the peoples and cultures within the West Africa
sub-region. He is also fluent in
French as a result of living and working in Senegal, Ivory Cost and Guinea
Conakry. Kebba arrived on the Gambian beach scene in 1993 to be a different
class among perceived bumsters. A bumster in Gambian-speak is generally
referred to as a youth whose main pre-occupation is to meet and befriend Western
tourists for the prospects of obtaining a better life for himself and his
family.
Kebba is a bird-watching enthusiast. There is a hardly a bird species within
the Gambia whose feeding and breeding habits he doen't know. Among his many
friends are European tourists who visit the Gambia annually just for
bird-watching. Kebba describes himself as an eco-tourist guide but because of his
self-respect and dignity he avoids hanging on the beach in order not be harassed
or be subjected to detentions by some overzealous beach security guards.
Instead of wandering along the beach scouting for tourist friends, Kebba decided
to clear the shrubs a few hundred meters from the beach sand that dominated
the lansdcape, single-handedly dug a well sand started farming and
gardening. He explained to me that back in 1993 when he told some of his friends about
his plans to cultivate crops and vegetables in the area, most were sceptical
and a few thought that he was confused from from his travels within West
Africa. His garden consists of
tomatoes, a variety of peppers, aubergine, lettuce, Banana and crops such as
cassava and corn. He has a small poultry which is exlusively for his own
consumptions needs. He maintains a breath-taking and captivating scenery of a
variety of beautiful flowers. Some market women living in the Kololi area
acquire their supply of vegetables from his garden at a very favourable price to
them. Kebba often tells me that he obtains great self-fulfilment and a
feeling of providing service to the community from his produce that end up at the
Serekunda market. I often tell him that he is one of my inspirations.
I was therefore very much saddened to the point of crying when he told me on
the phone that his abode was set on fire without any prior notice by
officials of the GTA escorted by a heavy paramilitary escort. Just before the rains,
he had completed some renovation work on his shelter to render it rain proof
costing him thousands of Dalasis. . He is currently homeless and getting
hopeless. The place he called his home for 15 years was set ablaze and
completely destroyed within 5 minutes by persons acting on behalf of the Gambian
State. Kebba is not a naive person but out of desperation, he wants the
opportunity to complain directly to Yahya Jammeh about his ordeal and the injustice
meted out him by the GTA. I advised him not to bother. The GTA and Yahya Jammeh
are on the same side: For Big Business and Hotel Financiers.
I thought you should know about the ordeal of my friend Kebba, a very
hard-working Gambian whose hopes has been shattered. He has almost giving up hope
and wants to travel out of the Kombos. I am urging him to wait till he
atleast harvest his corn.
Bailo
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