Foroyaa Newspaper Burning Issues
Issue No. 46/2005, 13-15 June 2005
Editorial
COMMISSIONERS AND ELECTIONS
The role that Commissioners have been playing for the APRC in elections should come under close national and international scrutiny. Stakeholders should collect evidence and be ready to go to court and appeal to the African Commission on Human and Peoples’ Rights to ensure that such public officers are restrained from adding their weight to the campaign of ruling parties.
The Commissioner of CRD has put the impartiality of his office into question by playing an active part in campaigning for the APRC. Some of his actions will be published by FOROYAA to serve as a deterrent of such behaviour in subsequent elections.
The fundamental lesson to draw is that the Constitution requires public officers to discharge their functions without subjecting anyone to any form of discrimination on the basis of party affiliation of any other ground.
Section 222 Paragraph (13) states categorically that “A person holding an office in a public service or any disciplined force shall not –
(a) allow his or her political inclinations to interfere with the discharge of his or her official duties;
(b) be a member of, or take part in any association of persons which might prevent him or her from impartially discharging his or her duties; or
(c) take part in any activities which cast doubt on his or her capacity to deal impartially with matters or issues which are the concern of his or her public office or which interfere with the performance of his or her public duties.”
The Commissioner of CRD in particular and all other public officers should take note. In discharging public functions one must be impartial.
OPPOSITION IS LEADING JAMMEH
In Popular Vote in 6 By Elections
Says Halifa Sallah, Coordinator of NADD
APRC 9,852, OPPOSITION 11,582
FOROYAA: As coordinator how do you see the results of the Nianija/Njau by elections?
Halifa: The tactics of President Jammeh is muzzling his National Assembly Members has enabled the opposition to test it weight before the 2006 presidential elections. The fact does not give President Jammeh any basis for him to be confident that he will win the 2006 presidential elections.
FOROYAA: What do you mean?
Halifa: Science calls for conclusions to be drawn from facts. Since the Alliance began to be shaped there has been 6 by elections. The APRC won three and the Opposition won three. However, a presidential election is based on the popular votes not on seats. There is absolutely no doubt that in all the by elections President Jammeh’s record serves as the focal point for the APRC campaign. In this regard the popular vote he receives reflects his political weight.
A review of the results of the results of the by election in Jarra West Constituency, Cape Point Ward, Sare Ngai Ward, Old Jeshwang Ward, Nianija Constituency and Njau Ward reveals the following popular votes for APRC and the Opposition. APRC obtained 9,852 votes and the Opposition 11,582. Hence the Opposition leads by 1,630 votes. This is why President Jammeh cannot be said to be poised to win the 2006 presidential elections.
FOROYAA: Well, your position is an interesting one. We will contact the APRC bureau to find out what they have to say. Now can you elaborate on the cause of NADD victory and defeat in Njau and Nianija respectively?
Halifa: The first point to note is that NADD has made history. I am not sure whether anybody realises that the first person to win election under a NADD ticket is a woman. I am sure this is a unique development in the whole world. Channeh’s victory is unique by all standards. First and foremost, the APRC did not rely on President Jammeh’s popularity. They mobilised a former MP of the area during Jawara’s era, Mr. Amulai Janneh to lead the campaign team. They also relied on the Commissioner of CRD and the Chiefs. These women/men stayed in the area to meet every influential personality in the ward. They even went as far as to turn Channeh’s parents against her, just to make it difficult for her to stand. Her clothes were seized at one time, left under guard at another time and subjected to threats of all sorts. During the campaign Amulai, the Secretaries of State, the Commissioner, using state vehicles, went up and down to mobilize support.
Amulai did not stop there. On Election Day he, the Commissioner and some Members of Parliament were going round polling stations. Channeh had to get on their trail to chase them away. In fact one of the Polling Agents has a case against the Commissioner which I am ready to take up with the authorities so that Commissioners will be fully stopped from taking sides in electoral contests. In my view Channeh’s victory is the most humiliating defeat Jammeh has suffered since the birth of the APRC. The fact that he had to hide behind a past MP shows that his own popularity had gone down to a very low level.
Needless to say since the MP could not save him the president should gather the message that the end is drawing near, the way forward is for him to begin to adhere fully to the principles of good governance.
FOROYAA: What do you mean?
Halifa: Commissioners are public officers. Section 222, Paragraph (13) of the constitution states categorically that a person holding public office should not “allow his or her political inclinations to interfere with the discharge of his or her official duties.” Should the president leave the Commissioner to campaign for his party? Should he allow vehicles for technical assistance to join their campaign trail? He needs to address these anomalies voluntarily or we will wage a campaign against him to address it.
FOROYAA: What about Nianija?
Halifa: We left the election campaign to be based on local issues. The result does not manifest increase in popularity of the APRC. In fact the vote has dropped compared to the 2002 elections. In my view, the result of the Nianija by-elections further confirms that President Jammeh’s record is not the basis for victory. The APRC had to engage in many survival tactics to get 1,500 votes. The first point to note is that they tried to rely on the influence of the new Chief who was in the Opposition to split the camp of the opposition. Secondly, they selected Dawda Bah’s first cousin to be a candidate. In short Dawda Manneh’s mother is a sister to Dawda Bah’s mother. They are of the same mother and father.
Despite all these efforts and the huge presence of the Commissioner, Chiefs, Secretaries of State, National Assembly Members and resources they could only win by a difference of 365 votes. Clearly, if the Alliance had rallies as we had in Buduk in all the main centres and combine NADD’s campaign issue with the local issues the result would have been different. We took the local sentiments for granted. This was the mistake of the Alliance. Notwithstanding the results favour the Alliance more than APRC.
FOROYAA: How?
Halifa: The APRC had what it could have. However, the Alliance has grounds to grow. Over 1,000 voters did not vote. There are many people who voted for the APRC because of inducement. Hence with a more organized campaign the Alliance should be able to put an end to voter apathy and inspire voters to inducement.
FOROYAA: Any concluding remarks?
Halifa: The by-elections confirm that a strong and viable opposition is emerging. This is good for the country. When a government has a weak opposition its powers cannot be checked and restrained. The efforts made to scrutinize, criticize and restrain the authorities from wrong doing during the six by-elections confirm that a democratic society can only be sustained if you have powerful poles of authority that cannot manipulate each other.
In my view, the Alliance out of 6 by-elections the Alliance is ahead in popular vote. We should build up the momentum. We must not allow the APRC to mystify itself and give the impression that it has the support of the people. We should stop misreading the facts and blame the people. In six by elections the people gave the Alliance 11,582 votes and gave the APRC 9,852 votes. Everyone should know that the Alliance is ahead.
The president is finding it difficult to maintain an electoral base. That is why he is relying on culture, sports and any other means to draw crowds on a non partisan basis just to enable his propagandists to refer to the crowd as a sign of popular support. Sympathisers of the Alliance should tell the people that the results of the by-elections are the genuine indicators of the popular support of the Alliance and the APRC.
By-Elections Results
By-Elections Results
The results of the two by-elections that took place on Thursday in Nianija Constituency and Njau Ward are as follows:
Nianija Constituency
TOTAL NO. OR REGISTERED VOTERS = 3773
TOTAL VOTES CAST = 2673
TOTAL THAT DID NOT VOTE =1100
PERCENTAGE TURNOUT = 71%
APRC NADD
CHAMEN A F33 317 143
CHAMEN B F34 317 232
PALELY F32 268 189
BUDUK A F30 202 318
BUDUK B F31 203 211
BAKADAJI F29 212 61
TOTAL 1519 1154
Njau Ward
APRC NADD
NJAU A F27 192 206
NJAU B F28 332 195
BAATI A F25 228 107
BAATI B F26 165 74
JARENG MADIJAMA F23 269 281
BANTANTO KERR SULAY F20 69 281
KERR OLDEY F21 18 257
BANTANTO KERR LIE F22 113 164
TOTAL 1386 1565
SERREKUNDA MARKET DISASTER INQUIRY REPORT SUBMITTED
The fifteen-member Inquiry Board which was set up two weeks following the serious fire disaster that ravaged the Serekunda market on the 30th day of April 2005, submitted its report to the KMC authorities and SoS for Local Government on 9th June, 2005.
In submitting the report on behalf of the Chairman of the Inquiry Board, Gumbo Touray, Nani Juwara said that the report came as a result of a board of inquiry that was set up by the KMC authorities in collaboration with the State Department of Local Government immediately after the 30th April 2005 devastating fire incident at the Serekunda market.
In pronouncing the terms of reference in the overcrowded council chambers, Mr. Nani Juwara asserted that their duties included the following:
Investigating and establishing the cause of the fire out break at the Serekunda market on 30th April, 2005
Identify victims and hear their comments
Quantify the total number of canteens, stalls, goods and monies damaged, as well as the average loss to the council
Evaluate the mode of response of both the fire service and the general duty police
Review the previous recommendation of similar fire disasters and come up with fresh and relevant recommendations for the future avoidance of such incidents in both markets and other public facilities and suggest possible lines of action that need to be taken
Mr. Juwara went further to say that the board had gathered reports from the police and vendors at the Serekunda Market, as to the origin of the fire. Mr. Juwara added that the said meter, from where the fire started was confirmed to be at no cost.
Mr. Juwara further reported that each victim had the opportunity to freely express his or her opinion on the disaster and the way forward for the market.
Mr. Juwara asserted that the board made the following findings:
1. stalls damaged - 592
2. tables damaged - 285
3. total cash lost - D1, 300,585.00
4. total goods damaged
5. the estimated totals of the council’s daily income is D3, 000, but since the disaster the total daily collection has been D11, 000, registering a decline of D8,000.
On the issue of response by the general duty police and other security agents, Mr. Juwara said that reports gathered, indicated that their response was quick and timely and really complimented the efforts of the Municipal Police. Mr. Juwara said that after completion of their terms of reference, the board went on a conducted tour of all the existing public institutions under the KMC. Mr. Juwara indicated that the purpose was to assess their conditions in terms of electricity, water and toilet facilities. Mr. Juwara emphatically said that the conditions in all these public institutions are appalling as there is total lack of maintenance.
In drawing the curtain Mr. Nani Juwara opined that the board had made recommendations which were brought to the attention of KMC and the local government authorities for their consideration and action. Five of which Juwara said are as follows:
1. that KMC liasse with NAWEC to install water hydrants in all markets and public structures within the administrative area
2. that electricity be provided to all stalls and canteens by NAWEC, to discourage illegal connections
3. that all markets be provided with proper access roads within the shortest possible time and be free from obstructions.
4. that council also liasse with GPF for provision of armed security personnel in the Serekunda Market especially at night
5. that the council should provide security lights at various strategic locations within the markets
For his part, the Mayor of KMC assured the board that the report will be studied and action will be taken. Present were SoS for Local Government, councilors, Alkalos and members of Civil Society.
The Interim Report On Deyda - Setting The Records Straight
By Marie Pierre Hydara
This is an attempt to respond to the so called investigation into the death of a champion of free _expression, freedom of speech and press freedom MR DEYDA HYDARA. Rather than tackle the pertinent issues of concern to the people, the report and findings are based on malicious falsehood, betrayal, and slander on the victim; the report is more or less an attempt to tarnish his reputation due to the inability or unwillingness of the security forces and the government to apprehend his cowardly killers and their accomplices.
From the onset the government and the police showed no interest in the circumstances leading to his untimely death or they always seemed to have been unconcerned about it. According to available information, he was being watched the whole day (16 of December) and followed from The Point office to the Sankung Sillah Road where he was shot at close range by professionals (since he was a moving target, it is only experienced killers who would normally succeed in such situations). There is a mobile police unit around the vicinity where he was brutally murdered, whose staff are normally on duty all night; and it would have been impossible for them not to have heard or seen anything (when the shooting took place). Indeed one of them was quoted saying that they heard what sounded like gun shots but which they thought it to be fireworks. When did fireworks start on the 16 December?
When the police were called to the sight, what they did was take the two members of staff who were with him in the car (whom he always took home) away for questioning and left the poor man’s body in the car (as if to ascertain that he was dead by the time he got help). He was left there for a long time before he was finally taken to the RVTH at the back of a range rover with his legs dangling like an animal.
An autopsy was performed on him which a member of the family signed as required, however, when a member of the family attempted to obtain a copy in order to give it to the Paris-based news agency; AFP for insurance purpose, we could not believe the way both the police and the Medical and Health Department reacted by flatly refusing to make a copy available. We were sent back and forth like a yo-yo until we finally got really frustrated and gave up. Even that was enough reason to indicate that the authorities had something to hide, otherwise, it is hard to understand why they would not release the report even to the family.
When we finally met with the then Inspector General of Police Landing 13 Badjie about the matter, he also expressed his reluctance to make it available and he advised us to go back to the Medical and Health Department, where we had been going for three days continuously without any success. In fact we were later told that all the copies have been taken away by the police, which was quite ridiculous. They seem to have completely ignored the fact that the Hydara family who signed for the autopsy were by law entitled to a copy. However, despite several requests, the family are still denied a copy of the autopsy report.
Everyone had hoped that giving the investigations to the NIA would make a positive difference, but so far nothing seems to have changed. Instead of coming up with credible leads as to who killed Deyda and for what reason, they went on to castigate him and treat him more like the suspect of his own murder than the victim. This has become more like a witch hunt than a genuine attempt to track down and punish his killers. He was considered a threat when he was alive, and now that he is dead, he is still considered a much greater threat. Therefore, these cock and bull stories being paraded around in the so called “confidential report” recently released by the investigators is aimed at defaming his image rather than get to the bottom of the truth. There are however several honest, trustworthy, and God fearing Gambians who are capable of distinguishing a deliberate attempt aimed at tarnishing the image of a great and decent Gambian who sacrificed his life for the betterment of this country
from the naked truth.
Indeed even some of the facts about his life history given in the ‘confidential report’ were quite wrong, whether by design or by default. For instance, even his place of birth was wrongly indicated as Barra instead of him being born at 8 Dobson Street, Banjul to Halima Faal and Baba Hydara who later moved to 8 Hagan Street where he grew up until he left for Senegal to further his studies. We wonder where they got their facts. It is also worth pointing out that the late Deyda chose to establish The Point Newspaper on the 16 of December 1991 because it was his wife’s birthday and he invited Pap Saine and Baboucarr Gaye to join him. While Mr Gaye later left, but Pap Saine stayed and became his partner and a shareholder. As they have known each other for a long time and have worked together at Radio Syd he regarded Pap Saine more as a brother than a business partner.
In establishing The Point, Deyda manifested his belief in the letter and spirit of free _expression and press freedom for which he no doubt made some enemies in the ensuing years of his life. He upheld the good ethics of journalism even though not everyone was happy with what he was doing, just as it was mentioned in the ‘confidential report’ when it described his “unguarded attacks” which sounded like he was a wild cat on the loose. For God’s sake, we are in the 21st Century when everyone should be accountable for their actions. If certain individuals and institutions do not like their activities to be written about, they should simply not take public office or stay out of the limelight. He was a professional journalist and that was what he was trained to do; to write accurately and freely and his duty was to inform the public, and he did it according to his conscience without any fear or favour, affection or ill-will, and he was even prepared to die for it. However, it appears that
those who prepared that ‘confidential report’ thought that what he was doing was wrong and therefore it was why someone killed him.
It is also quite evident that there is some inconsistence in the way and manner suspects have been treated. While some have been arrested and detained, and their names mentioned, others have not only had their names omitted but they have also been spared of being arrested. We have for instance been told about some personnel of Gamco visiting Deyda on the very day he was killed to warn him against writing bad things against Gamco and yet, there is no mention of any member of Gamco being arrested or even questioned. Why the apparent inconsistency in the treatment of suspects?
It is also quite interesting for the ‘confidential report’ to attempt to link Deyda’s criticisms of the UN Secretary General Kofi Annan to the possible reasons why he was killed. Is anyone suggesting that Kofi Annan could have ordered his killing?
On the question of getting international assistance to investigate the murder since all the efforts have so far got us nowhere; it is quite surprising to hear it being dismissed outright as “too premature for international assistance.” It has been six months since the killing and yet there is no credible lead. Therefore, everyone would have expected that there is enough demonstration that our security forces do not have the capacity and resources to resolve such a complicated murder case and they should invite other more experienced institutions to assist them rather than resort to engage in a smearing campaign at vilifying an innocent victim, apparently to shift the onus of his death to his ‘reckless’ lifestyle.
It is an undeniable fact that everyone has a private life and as a Muslim, Deyda was entitled to more than one wife. In fact everything Deyda has been accused of in that ‘confidential report’ has not been a strange phenomenon in this country. There is no doubt that even those who prepared that report have been engaged in far worse lifestyles. Therefore, it is wrong for anyone to attempt to use his private life as an excuse to endorse his killing. We are glad that he was never described as a serial killer or a murderer.
In the ‘confidential report’ we have been given several possible reasons why anyone would want to kill Deyda, and yet we have not been told why the government failed to protect him as it is their duty to protect all Gambian citizens. All we have been told is about his reckless lifestyle, his business dealings with some ‘ghost’ Nigerian businessman and how he frequently offended the government, President Jammeh, Kofi Annan, Gamco and several other public and private individuals and institutions, which we are told were all possible reasons for his murder. While we all know that The Point got all its stationery supplies from a Gambian businessman, we wonder what benefit it would have been to his ‘ghost’ Nigerian business partner to kill him for failing to meet his financial obligations.
I wish to take this opportunity to emphasize to those entrusted with the investigations into the brutal murder of Deyda Hydara that the whole nation expects them to find out who his murderers were and what had been their motive for killing him, but certainly not to unnecessarily focus on his personal lifestyle which is not only an infringement of his human rights and that of his family, but it has also absolutely nothing to do with his killing.
If by painting Deyda black, the investigators think that they have succeeded in warding off any calls for an independent investigation into his murder, then they need to think again. There is absolutely nothing short of an independent and an impartial investigation into this heinous murder of a patriotic Gambian that would satisfy the people’s crave to see justice done on this matter.
President’s Tour Postponed Again
GRTS has announced that the president has again postponed his “dialogue with the people’s” tour, which was rescheduled for 10th June, until further notice. No explanation was given for the postponement. What is the problem?
The constitution does impose a responsibility on the president to tour the country at least twice a year. In short, section 222, paragraph 15 makes it abundantly clear that “the president shall undertake a nation-wide tour at least twice a year in order to familiarise himself or herself with current conditions and the effects of government policies.”
Since the beginning of the year there have been talks of the president touring the country but there is yet to be any movement. Needless to say, the farmers have a lot of questions and the president has a lot of explanation to make in the circumstance of increased economic hardship and serious problems relating to the purchase of their nuts.
Let us hope that a new date will soon be announced.
Yankuba Appointed Again
In line with his tendency to hire and fire at will, GRTS has announced that the president has appointed his former close friend and bed mate, Mr Yankuba Touray, who was removed from office without grace, as secretary of state for agriculture. The Paul Commission has made adverse findings against Mr Yankuba Touray and newspaper reports allege that the Commission has ordered him to pay D2 million. President Jammeh had also expressed his zero tolerance to corruption and his desire to get rid of corrupt elements from his government. He needs to explain whether he has changed his attitude or whether he sees Mr Touray as an incorruptible man. Will he also pursue Mr Touray to pay the D2 million?
Mr Touray was one of the first members of the Armed Forces Provisional Ruling Council.
THE PRICE OF MEAT
By Amie Sanneh
The recent meeting between the SoS for Trade, Industry and Employment, Neneh Macdoll-Gaye and the Butchers’ Association gave birth to an agreement to reduce the price of meat. Though the Butchers’ Association agreed to reduce the price of meat some butchers are adamant to sell the commodity on their own prices.
The Vice President of the Serrekunda Butchers’ Association, Mansour Gaye, has been urging butchers to comply with the new price of meat failing which they will lose their stalls.
During the aforesaid meeting convened by SoS Macdoll-Gaye, the butchers agreed on a proposed price and thus reduced the price of steak from D100 to D90 while leaving the price of meat and bone to D75.
In a bid to ascertain whether the reduction of the price of meat is effective, this reporter embarked on an investigation exercise which took her to the Serrekunda market where the majority of the butchers were selling at the agreed price of D90 for a kilo of steak, while some of them still maintain the old price of D100 per kilo.
In an interview with one of the butchers who maintains the old price, the interviewee lamented that meat is expensive and that is why he did not reduce the price of steak, but noted that he did not change the price of meat and bone.
The interviewee’s reluctance to comply with the new tariff laid down by the Association was confirmed when this reporter met him selling half kilo of steak at D50 to a lady he identified as his client.
Some of the butchers who spoke to this reporter outlined that the price of meat could be further reduced if they have the support of the government. This reporter caught up with the Vice President of Serrekunda Butchers’ Association, Mansour Gaye, who posited that the proposed price of meat could be less, if the government gives assistance to the butchers.
“Government should help us with money for us to be able to buy cattle for slaughter. In that case, the cattle dealers at Abuko will not impose conditions on us,” he remarked.
Mr. Gaye attributed the high cost of meat on the monopoly of the meat industry by the butchers who slaughter it and sell the meat on their own terms. The competition in the meat industry will reduce the price of meat.
He noted that any butcher who fails to comply with the agreed price, risks losing his stall. He said they (butchers) convened a meeting among themselves after their meeting with SoS Gaye and agreed on the price change.
Comment: It is important to note that the pricing policy of the government is contrary to price control. It is in line with promoting free market forces. In short prices will find their levels through free competion. We cannot therefore talk about complying with a tariff. No council has any right to deprive the owner of a stall of his/her stall on the basis of selling at a higher price. What Mr. Gaye can do under the circumstance is to persuade his colleagues to live and let others live.
PROPRIETOR OF HARRY’S SUPERMARKET IN COURT
The criminal trial of Surresh Kumar Wadwani, the proprietor of Harry’s, Sony’s and Select Food Store at Kairaba Avenue continued at the Kanifing Magistrates’ Court last week with the first prosecution witness, Sheriff Badjie, informing the court that he did not know when Harry’s Supermarket was closed by the National Intelligence Agency.
In his testimony, the witness testified that “best before date” which is normally stamp on items is a message portraying the “sell by date and consumption date” of the item, noting such items should be either sold or consumed before the date stamped on them. Asked by Sheriff Tambedou, counsel for the accused, whether he knew that the NIA closed Harry’s supermarket before the 12th February 2005, the witness responded he did not know when it was closed. At this juncture, Sheriff Tambedou gave the witness a document entitled exhibit B2. Tambedou asked the witness to look at item one of the said exhibit which read “digestive biscuits, 400 grams, best before date 12 February 2005 and quantity 23 packets.”
The witness did what he was instructed by the defence counsel. In his response, the witness said by the 12th February 2005, the said biscuits should be sold.
Counsel Tambedou further referred the witness to item 3 on exhibit 2, which reads “summer fruits, 11 bottles and sell by date 13th February 2005. The witness at this juncture browsed the said document. He then concurred with Sheriff Tambedou’s suggestion that by 15th February 2005, the said items should be sold. Sheriff Badjie did inform the court that the aforesaid items were found at Harry’s supermarket on 15th February 2005. Mr. Badjie concurred with Tambedou’s suggestion that if Harry’s Supermarket was closed from the 12th February to the 15th February 2005, then the aforesaid items could not have been sold by 15th February 2005.
The certificates issued to the accused by the Department of State for Health granting him permission to operate his supermarkets were tendered by the defence counsel.
Tambedou later suggested to the witness that the items listed on exhibit 4 were found in a chiller. In his response, the witness said he did not know where the said items were found. The witness concurred with Tambedou’s suggestion that he (Badjie) and the NIA officials removed some of the items that were found in the veranda of the accused and took it to the store of the accused which has other items. However, the witness was quick to point out that the items were moved from the veranda to the store for safety purpose. At this juncture, Sheriff Tambedou asked the witness whether the items in the store of the accused were labelled. In his response, he said the items were not labelled but they were separated from the items that were removed from the veranda.
The defence counsel concluded by putting to the witness that all the items on exhibit B3 were found in a chiller in a damaged condition. Sheriff Badjie later responded that he did not know where the said items were found. Tambedou later applied for an adjournment to enable him tender certain items through the witness. The case was adjourned to the 27th and 19th of June 2005.
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