Foroyaa Newspaper Burning Issues

Issue No. 48/2005, 20-22 June 2005



Editorial

CONSTITUTIONAL CRISIS IN THE MAKING

Can you imagine a parliament in the 21st Century without an opposition not because the people did not vote but because of the misinterpretation of the constitution.

Can any regime hope to survive by doing things that no one with common sense would do. Would the opponents of the regime be infuriated or heartened that it is isolating itself from even its traditional support base because of incomprehensible actions such as removing and appointing persons it sought to discredit us as well as to go against established international norms of governance by violating the Harare Declarations.

First, it was the media; now it is the parliamentary opposition. The media everywhere is alienating the regime. Now parliamentarians everywhere will also alienate the regime.

What the APRC regime should realise is that Gambia does not belong to them. They have the duty to prevent the country from being marginalised. No people want a leadership that would be subjected to travel bans, suppression of agreements for training of personnel and other aid. Any government that warrants such treatment is an unpatriotic government.

The impending constitutional crisis is not weakening the opposition it is strengthening it. What it is doing is depriving the country a healthy electoral contest that could make it an example for other countries. Those who sink to such level do not deserve to be leaders of a sovereign republic. The media, the civil society organisations, the civic leaders and the international community should not be silent. This is the time to make voices of sanity heard.



HALIFA CAUTIONS THE CLERK

Witdraw or Face Court Action

The National Assembly should be sitting tomorrow at a time when the Clerk has declared the four seats of the Opposition Members of the National Assembly vacant.  The Opposition Members regard this action of the Clerk as usurping the powers of the Supreme Court and contempt of the National Assembly.

Below is a letter from Halifa Sallah, Minority Leader and Member for Serrekunda Central to the Speaker of the National Assembly.  In the letter he indicated that he would be travelling but would cut short his trip to facilitate his attendance of National Assembly proceedings 24th June 2005.



ON THE QUESTION OF

VACANCIES OF SEATS IN THE

NATIONAL ASSEMBLY

Your letter dated 16th June 2005, Ref: MA 37/01/(71), which is addressed to the Chairman of the Independent Electoral Commission and copied to me, among other members of the parliamentary opposition is incomprehensible. It brings the office of the Clerk of the National Assembly into disrepute. The legislature of the National Assembly is a law making body. Its Clerk must perform its duty on the basis of the constitution.



Section 91 subsection (3) of the constitution states categorically:



“The Clerk of the National Assembly shall immediately inform the Independent Electoral Commission of any vacancy among members of the National Assembly.”



The simple grammatical and ordinary meaning of this provision is that the Clerk’s role is simply to inform the Commission of any vacancy. There is no provision empowering the Clerk to declare a seat vacant. Your letter has not indicated that any authority had informed you to declare our seats vacant.



The constitution is very clear on who the proper authority is to declare a seat vacant. For example, section 228 subsection (d) states that “in the case of a member of the National Assembly, his or her resignation shall be addressed to the Speaker.” Hence the Speaker is the proper authority to inform you that a seat is vacant in the case of resignation.



The provision you quoted is section 91 (1) (d), which does not empower you or the Speaker to declare our seats vacant. This provision reads:



“A member of the National Assembly shall vacate his seat in the National Assembly, if he or she ceases to be a member of the political party of which he or she was a member at the time of his or her election.”



Which authority has informed you that I or the other members of the opposition have ceased to be members of the political parties of which we were members at the time of our election? Which authority informed you that our seats are vacant because of such a provision? What is the constitutional provision which empowers such authority to inform you of any vacancy on the basis of such a provision?



I must caution you that you should revoke your letter because it is in contempt of the National Assembly. Section 110 of the constitution states:



“Any act or omission which obstructs or impedes the National Assembly in the performance of its functions or which obstructs or impedes any member or officer of the National Assembly in the discharge of his or her duties…shall be contempt of the National Assembly.”



As Secretary General of PDOIS, your comment that I have ceased to be a member of a party that is solidly behind Honourable Sidia Jatta as Chairperson and me as Secretary General is an affront to the dignity of our party and a scandal for the National Assembly. You should have never accepted to be part of such an outrageous assertion.



PDOIS is still registered. I am the Secretary General and Honourable Sidia Jatta is the Chairperson. The National Alliance for Democracy and Development (NADD) is an alliance of political parties. NADD cannot exist without its pillars. When PDOIS, UDP, NRP and other political parties that constitute it cease to exist, NADD will cease to exist.



In my view, the Office of the Clerk needs to explain how it got the information that we have ceased to be members of our parties.



In the same vein I wish to convey to the Independent Electoral Commission that the statements conveyed to them by the Clerk are utter fabrication. Honourable Hamat K. Bah is still the leader of the NRP. Honourable Kemeseng Jammeh is still a member of the executive committee of the UDP. Sidia Jatta is Chairperson and member of the Central Committee of PDOIS. I am the Secretary General and member of the Central Committee of PDOIS. Our parties are still registered with the Independent Electoral Commission.



Section 43 subsection (3) of the constitution states:



“In the exercise of its functions under the Constitution or any other law, the Commission shall not be subjected to the direction or control of any other person or authority.”



I would therefore appeal to the Commission to disregard the baseless assertions of the Clerk or seek independent legal advice to ensure that it is not misled by busy bodies who are trying to meddle in the internal affairs of other political parties in gross disrespect of the sanctity of a multi party political system.



As Minority Leader, I will begin consultation with all members of the parliamentary opposition, the representatives of the international community and our electorate to alert them to the degeneration of the political climate in The Gambia towards intolerance and bad governance. The parliamentary opposition will also instruct its legal counsels to take action.



As a member of the Pan African Parliament and a good son of the soil, I wish to assure the Gambian people that those who wish to create a climate of political tension will fail. I have always contributed in guiding this country to safer shores. In this new battle for political sanity against those who have no morals or decency to defend, I will contribute to ensuring that decency prevails over perversion, wisdom over crude notions and law over impunity. Those who seek to anger people so that they will allow passion to rule over their senses will fail miserably. They will only subject the regime to isolation, if their hunger for power is not restrained.



I would never have expected a Clerk of the National Assembly to be an architect of such a dark page of our political history by unilaterally conveying that our seats are vacant without referring to any authority.



I hope you will respond with immediacy to salvage the integrity of the Office of Clerk of the National Assembly.





……………………….

Halifa Sallah

Minority Leader and Member

For Serrekunda Central



cc: Ag. Secretary General

      Attorney General & SoS for Justice

      Permanent Secretary, DOSWCI/National Assembly Affairs

     Hon. Sidia Jatta

     Hon. Hamat N.K. Bah

      Hon. Kemeseng Jammeh





Re: Contempt of the National Assembly by the Clerk

In response to the declaration by the Clerk of the National Assembly that the seats of the Opposition Members of the National Assembly are vacant, Halifa Sallah, Minority Leader and Member for Serrekunda Central wrote to the Clerk of the National Assembly, cautioning him that he has no power to declare any seat vacant and asking him to withdraw his letter.



As minority leader, I wish to convey to you that the clerk of the National Assembly has written to the Independent Electoral Commission to indicate that the seats of the four members of the opposition are vacant.

According to the letter, “Reference to the Provisions of Section (91) (1) (d) of the Constitution, which 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 political party of which he or she was a Member at the time of his or her election”.



Accordingly, and as per the aforesaid Provisions, the following Honourable Members of the National Assembly who are now Members of NADD have lost their seats in the National Assembly with immediate effect, namely:



Hon. Halifa Sallah – PDOIS, Serrekunda Central Constituency; Hon. Sidia Jatta – PDOIS, Wuli East Constituency; Hon. Hamat N.K. Bah – NRP, Upper Saloum Constituency; Hon. Kemeseng Jammeh – UDP, Jarra West Constituency



As per the Provisions of Section (91) (3) of the said Constitution, I write to inform your good office that the aforesaid (4) four Vacancies now exist among the Members of the National Assembly.



D. C. M. Kebbeh

Ag. Clerk of the National Assembly”



Interestingly enough section 91 (1) (d) goes along with a proviso. He did not consider it an act of gross misrepresentation of the letter and spirit of the constitution by quoting a part of section 91 (1) (d) only to ignore the proviso. Allow me to quote section 91 (1) (d) in full. “A member of the National Assembly shall vacate his or her seat in the National Assembly –

(d) if he or she ceases to be a member of the political party to 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 authorised by the constitution of the parties concerned;”



Now may I ask: Has the clerk been informed that each of us had resigned or had been dismissed by our parties? Is he informed that our parties have been deregistered? Has he been informed that NADD is not an Alliance of registered political parties? Is he qualified to interpret the constitution to determine whether NADD is qualified to be considered a merger under the constitution or not?

These questions can only be answered if the constitution is interpreted correctly. Suffice it to say, there is only one authority that is empowered by law to interpret and enforce the constitution.

Section 127 of the constitution states categorically that “The Supreme Court shall have an exclusive original jurisdiction for the interpretation or enforcement of any provision of the constitution,” other than the provisions relating to fundamental rights and freedom which can be interpreted and enforced by the high court.

Infact Section 127 sub section (1) (c) specifically deals with vacancy of seats in the National Assembly. It states that the Supreme Court shall have an exclusive original jurisdiction for interpretation or enforcement “on any question as to whether or not any person was validly elected to the office of President or was validly elected to, or vacated his/her seat in the National Assembly.”

It therefore constitutes a usurpation of the authority of the Supreme Court by the clerk in interpreting section 91 (d) and further proceed to enforce the provision by declaring our seats vacant. Such gross disrespect the sanctity of constitution, by a person who has been given nothing more than the role of a courier by section 91 subsection 3 of the constitution, is gross conspiracy against good governance and the integrity of our parliamentary system.



Section 91(3) simply states that “The clerk of the National Assembly shall immediately inform the Independent Electoral Commission of any vacancy among the members of the National Assembly.”



The clerk is simply given the function of informing the IEC of any vacancy. Hence the authority provided for by the constitution must give the clerk the message to deliver to the IEC.



The clerk has not quoted any authority when he wrote his letter to the IEC. He cited a constitutional provision which he is incompetent to interpret and enforce. He has therefore sought to mislead the IEC by abusing his mandate as a courier of the National Assembly and usurped the powers of the Supreme Court.



Mr. Speaker, NADD came into being since 25th May. Why didn’t the clerk declare our seats vacant if he had authority to do so since then? Is it that he was being groomed to fulfill this unconstitutional mandate by agents of tyranny who hide behind constitutional legality to give an unconstitutional act a cover of legitimacy? Mr. Speaker, it is very clear what a person should do if he/she had questions of whether we should lose our seats by belonging to an Alliance.



Section 5 (b) states that “A person who alleges that any act or omission of any person or authority, is inconsistent with, or is in contravention of a provision of the constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect.”



If those enemies of democracy and good governance who want to use the clerk and constitutionality to strengthen their grip of tyranny and thus alienate the country from emerging civilised, peaceful and forward looking nations of the continent and the world trusted their own notions they would have gone to the Supreme court rather than promote arbitrary decisions.



Mr. Speaker, by addressing a letter to the IEC to misinform them that our seats are vacant, the clerk is guilty of contempt of the National Assembly; under section 110 of the constitution. It states categorically that, any act or omission which obstructs or impedes any member of the National Assembly in the discharge of his her duties shall be contempt of the National Assembly.



I therefore hope that you will not tolerate such an affront of the dignity of the National Assembly. The obstruction becomes grave because Hon. Hamat Bah is currently on election Observation mission in Guinea Bissau for the ECOWAS Parliament. Hon. Sidia Jatta is accompanying the President of the ECOWAS parliament to Cote d’Ivoire. In my own case by the time you receive this letter I would have been in Strasbourg to participate in the part session of the Parliamentary Assembly of the council of Europe 20 – 24 June 2005 on a North South; Europe Africa dialogue programme. I will cut short my visit to return on 23rd June so as to attend our session. I will be in my seat on 24th June 2005. I hope the members of the opposition who will attend the beginning of our meeting will be accorded the dignity that a representative of the people deserves. History, the efficient recorder of events is holding its pen. What will happen on 21st June 2005 shall be recorded with an indelible ink, in the
 hearts and minds of the people forever.

It is your right as speaker to choose, on which side of our political history, you will belong. The future will be the Judge.



Since the letter of the clerk has been leaked to the Daily Observer I will make this letter public.



Yours in the service of the nation.

Halifa Sallah





INTERVIEW WITH HALIFA SALLAH ON THE OBSERVER ARTICLE

Foroyaa: Have you been asked to quit?

Halifa: We can only be dictated to by the constitution or the people as far as state matters are concerned. Since we are neither unseated by the constitution nor the people we are still holders of our parliamentary seats.

Foroyaa: The clerk stated that your seats are vacant because you have formed NADD?

Halifa: During our launching people heard us naming the opposition parties comprising NADD. NADD is an Alliance of opposition parties. This is why I am a Coordinator. If it was a party I would be Secretary General and others would hold other posts. As far as NADD is concerned, the senior executives of each party constitute the executive of NADD. Hence if the parties do not exist there can be no NADD Executive. This is the simple elementary truth they are trying to ignore. HAMAT BAH is the leader of NRP. SIDA JATTA is Chairperson of the Central Committee. KEMESENG is a member of the Executive of the UDP. I am the Secretary General of the PDOIS. Our parties are still registered. NADD is an alliance of these parties.

Foroyaa: People are saying Jammeh does not care about the law.

Halifa: This is the notion people should do away with? If Jammeh does not care about law why did he write directly to us and dismiss us from the National Assembly. The clerk wrote to exploit legality. We will also rely on the law to expose his unlawful actions. Finally, the Supreme Court will decide.

Foroyaa: Is this not delaying NADD?

Halifa: This is infact galvanising NADD. I accepted to be coordinator so that we can bring about the type of change that will inject integrity and standards of best practice in our governance. The developments are confirming all the more that institutions like parliaments, the judiciary, the media and so on cannot work properly when the executive is not committed to the best standards of democratic governance. Hence, instead of painting such leaders as powerful dictators who will strangulate anyone, people should spend more time pointing out their deeds as the reason why they should humble them by removing them from office?

Foroyaa: What more do you have to say to the people.

Halifa: Multi party politics under a system where the executive is not committed to a democratic system of government constitutes the contest of wit and will. Jammeh has been helped a lot by those who paint him to be powerful. The fact remains that the control of the executive is his power base. The people have the authority to remove him from the power base. We should therefore stop lamenting and carry on the task of strengthening the people for change. Jammeh’s wrong doings should not be taken as strength. They should be exposed as weakness. When people lament ask them to go and educate others to change. If the people want to realise their power they should turn out in their tens of thousands when the people they support call meetings. For example, when the National Assembly members are going to the National Assembly tens of thousands should be alert that they are going. If they call the people to explain anything, tens of thousands should turn up. If it s time to vote people
 should come out and bring about change. This is the way forward not lamenting about what we can change.



MALARIA KILLS ABOUT 2000 GAMBIAN CHILDREN ANNUALLY

Says SoS for Health

By Bubacarr K. Sowe

In a statement read on behalf of the SoS for Health and Social Welfare, Dr. Tamsir Mbowe, the Director of Health Services, Dr. Mariatou Jallow, has said that annually, about 1000 to 2000 children die of malaria in The Gambia.  Dr. Jallow made this disclosure on Thursday at the launching of the 2005 Mass Mosquito Net impregnation campaign, at the KMC offices.  “Globally, as you may be aware, there are at least 300 million acute cases of malaria each year, resulting in over one million deaths.  About 80% of malaria infections and 90% of malaria deaths occur in Africa.  It is the most frequent cause of morbidity and mortality among Gambian children under five years, who suffer on average, three malaria episodes per year.  In government health facilities, particularly in rural areas, about 40% of outpatient attendance and about 50% of total admissions, are due to malaria, the majority of which are children.”I have no doubt that the commitment and the tenacity from our combined efforts
 will produce results in our fight against the dreadful disease. Pregnant women and children under five are the most vulnerable.  It is a major cause of anaemia in pregnancy, contributing to many maternal complications and consequences.  Both research and experiences in the Gambia have shown that malaria is less prevalent in communities where impregnated nets are widely used, compared to those areas where it is not popular,” she indicated.Also speaking, was the World Health Organisation Country Representative, Dr. Nestor Shivute.  Dr. Shivute highlighted that The Gambia, historically and culturally, has been associated with the use of mosquito nets for decades.  “Studies conducted in the Gambia and other parts of Africa, have shown that appropriate use of insecticide treated bed nets can reduce mortality among children, aged 1-5 years, on the average, by 25%” he said. The Country Representative of the Catholic Relief Services in the Gambia, Carla Brown-Ndiaye, indicated that the
 impact of malaria can be seen in all aspects of life, including affecting the overall development of GM, as it reduces the productivity of the working population. Other speakers at the ceremony included the Mayor of KMC, Abdoulie Conteh and the Manager of the National Malaria Control Programme, Malang Fofana.



LAUNCHING OF NADD

Part 5

Hon. Omar Jallow’s Speech (Excerpts)

I wish to extend my warm greetings to Assan Musa Camara, who is lucky to witness this occasion, the birth of a new Gambia. I wish to extend my greetings to all party members present here, thanking you for your dedication, standing and cooperation in the actualization of this day in respect and dignity. Greetings also to the elderly people for leaving their homes and families for the purpose of attending this day. I want to assure every Gambian citizen present here, that removing Jammeh from power and the elimination of our sufferings has started. What happened today in Tallinding Kunjang has never happened elsewhere; all five political parties coming together, in the spirit of oneness, unity and cooperation for the sake of eliminating the suppressive regime of Jammeh. When people discuss issues affecting their lives and reach a consensus on how to alleviate their suffering, that is something essential. Each party with thousands of members, with different ideologies and with people of
 different thinking reaching an agreement in dignity and unity is indeed a healthy is indeed a healthy development. So, this is peace for the Gambia.

This child we are naming is a respectful and a mature one. And this child is not a Fula, not a Mandinka, not a Wollof, not a Serer, not a Sarahule, not a Jola, not a Manjago, not a Papeli, not a Bainunka; he is only a Gambian who is joining us in the same boat. Anyone in this boat and you believe in god, the Gambia is what you know, I want to assure you that NADD does not know religion nor tribe, but the Gambia only. NADD is formed for the Gambia, for our peace, progress and for our country that is why our logo is showing one finger raised up. Show up your fingers, one Gambia, one people, one destiny. Any one who is supporting NADD and where you meet is one God, one Gambia, one people and one vision. That is our motto that is what will move us, that is what is holding us and that is what is good for the Gambia for the purpose of uprooting Jammeh.

If NADD comes to the helm of power I am sure your sufferings and hardship will be wiped off because you have law abiding citizens only in NADD. NADD will unite all tribes as one, be it Jola, Mandinka, Wollof, Fula mothering the spirit of one people and one country. Let us know each other, help each other, assist each other for the purpose of progress; and that is NADD. NADD does not know who is a Jola, a Fula, we only know the Gambia and peace. All the bad laws will be revoked, if NADD wins the election. If NADD comes to power, the high levels of fraud, killing and kidnapping will all be eradicated. The firing of public officials will also be abolished. We need peace in the Gambia for our children and grandchildren. We, the leaders, should be mindful of our sayings and doings, we don’t have to emulate Yahya Jammeh, we don’t like another Yahya Jammeh, we need peace in our country. All of you have seen what has happened in Guinea Bissau, Sierra Leone, Liberia, Ivory Coast may God
 protect us from such situations whereby everyone suffers, dies or goes hungry. The country is gloomy, it is starving and suffering. You all know what I am talking about. The way to stop that is in your hands. You all have your voters’ cards, relatives, friends, and neighbours who you should talk to, to vote Yahya out in the next election. If you vote well, I can assure you that Yahya will leave by force In the Gambia here, everything we are doing has to be in peace. Ghana have done so, Nigeria has done so, Kenya has done so in peace, Tanzania has done so, Central Africa Republic has also done so and all of those countries have more soldiers and are militarily more powerful than the Gambia. So it is not only in the Gambia that it has happened, bigger nations in the world have done so. ECOWAS and the AU have put in new regulations so that no government shall be allowed to dictate and silence the will of its people, whereby the government will hold elections in irregular manners. It is
 left to us to see whether we like ourselves, the will of the nation is in our hands. The power of the people lies in our hands, so let us vote and get him out. If we want to get him out we can do so. I wish to extend my warmest greetings to Gambians in the United States of America and Europe, popularly called Gambians in the Diaspora who, two years ago invited the opposition parties to Atlanta, America, the Atlanta Summit where the proposals for forming NADD emerged. Thank you all for your stand, I want to assure them all that what happens here today is in their absence, but their minds and spirits are present with us. The hope they have in us will be actualized by the help of God. We the men, let’s tighten our belts like the women, in the fight against suppression and oppression especially of children. The sufferings in our schools, hospitals are immense. Also going to the UK is easier than going to Basse. If you leave Serrekunda by 8 O’clock, you will reach Basse by 12 midnight
 the following day. May God deliver us from such a regime and grant us a better one, a regime that sees itself only, but not its citizenry is a bad one. Yahya only does things to give him cheap popularity, forgetting his peoples’ demands. The people have hope and expectations in you, that is why you are voted in, if you don’t deliver up to their expectations, people have a duty to remove you. If a people live in a situation where they fear the leadership, a dictatorship is created. But if the people know their rights and exercise them, the leadership will abide by law and democracy will prevail.This is something that we should uphold collectively, tightening our belts from Kartong to Koina, Barra to Passamasi. We will enter into the country from village to village, district to district. Give us your power and support and by the grace of God, on the 26th of October 2006, the NADD candidate will be the 3rd president of the Republic of the Gambia.



MONEY LAUNDERING INCREASES CRIME AND CORRUPTION

Says Famara Jatta

By Bubacarr K. Sowe

The Governor of the Central Bank of The Gambia, Mr. Famara Jatta, said that money laundering in any country, facilitates criminal activities to the extent that, such a country becomes a safe haven for criminals thereby attracting criminals and promoting corruption.  Mr. Jatta made these revelations at the opening of a national workshop on training and capacity building on counter money laundering and terrorist financing, held at the Palm Beach Hotel.“Anti-money Laundering and Combating Financing of Terrorism (AML/CFT), have become increasingly important in the global economy, where funds can easily and immediately be transferred from one financial institution to another, including transfer to institutions in different jurisdiction.  The international community is relying upon all countries to establish effective anti money laundering and combating of terrorism regimes that are capable of successfully preventing, detecting and prosecuting money laundering and terrorist financing in
 order to fight the devastating economic and social consequences of these criminal activities,” he said.  He posited that money laundering, in a simple form, is the process by which proceeds from a criminal activity are disguised to conceal their illicit origin; that on the other hand, financing of terrorism is the financial support, in any form to those who encourage, plan, or engage in terrorism.  These terms have been further defined to reflect more comprehensively on the complexities in the fight against this scorch; that initially, money laundering was associated with illegal trafficking of narcotic drugs Mr. Jatta said that at the moment, ill-gotten gains are known to be proceeds of a vast range of criminal activities, amongst them, political corruption, illegal sale of weapons and illicit trafficking and exploitation of human beings.” He added that the Gambia has signed and ratified the Vienna Convention as well as the Palermo Convention which are the first steps of a
 country’s commitment in joining the international community in the fight against money laundering and terrorism financing. “The Gambia has promulgated a law criminalising the activities related to money laundering and has complemented it with directives to banks and other financial institutions to adopt the “know your customer/customer due Diligence of the Basel Committee on Banking Supervision” he added



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