Issue No.50/2005, 27-29 June, 2005

Editorial

SEPARATION OF POWERS BETWEEN EXECUTIVE AND NATIONAL ASSEMBLY

Do you know what separation of powers mean? It means that the functions of the arms of the state such as the executive, the judiciary and National Assembly or legislature “are clearly defined” and their “Independence amply secured” as stipulated in the preamble of the constitution. In actual fact the speaker of the National Assembly should never take directives from the Attorney General. The same goes for institutions like the Independent Electoral Commission and the Judiciary.

Section 120 subsection (3) of the constitution states that “In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this constitution and the law and, save as provided in this Chapter, shall not be subject to the control or direction of any other person or authority.”

In the same vein section 43 (3) states that “In the exercise of its functions under the constitution or any other law, the commission shall not be subject to the direction or control of any other person or authority.”

The National Assembly members are obliged by section 112 of the constitution to be influenced only their conscience and the National interest in the performance of their National duties. The constitution therefore envisages a check and balance system between the different arms of the state.

The state can only function if each arm serves as a pillar of integrity.

The National Assembly should therefore have its own National Assembly service with its own counsels. It should not rely on the Attorney General for advice. According to section 71 of the Constitution the Attorney General is “the principal legal adviser of the government.” Government under section 230 of the Constitution, which deals with interpretation “means the executive government of the Gambia.”

The Attorney General is not the principal legal adviser of the National Assembly. The speaker is therefore not bound by any advice from the Attorney in the exercise of his or her function. He or she should be subject to the dictates of law. If the speaker of the National Assembly is faced with any decision he should ask for the provision of the law which dictates what he or she is to do in black and white.  To act outside of the dictates of the law is unconstitutional. We therefore hope that all the branches of the state will continue to maintain the integrity of their office to save our country from constitutional crisis.



HALIFA’S INTERVIEW

ON MALICK JONES, GASSAMA AND CHURCHILL

Foroyaa: Have you followed Malick Jone’s interview and the comments made by Momodou Gassama of the National Council for Civic Education?

Halifa: When I returned from Strasbourg, France, where I attended a session of the parliamentary assembly of the Council of Europe which comprises 630 MPs from the parliaments of 46 member states representing 800 million people, I discovered that the speaker of the National Assembly had responded to common sense and had not done anything to obstruct our work in the National Assembly.

Foroyaa: Churchill said that you are asked to vacate your seat but have been allowed just to enable the court to decide your fate.

Halifa: Well, I heard him say many things that were subjudice. The whole programme conducted by Malick Jones was unprofessional and misleading. The issues they were dealing with had no bearing on the case that is before the court. If he wanted truth he should have called both the majority and minority leader or the lawyers to clarify matters. Malick was helping Churchill to engage in propaganda. They will hide their heads in shame when all the facts are known.

Foroyaa: You have to clarify matters.

Halifa: There were two matters before the court and one has been settled so far because of the conceding remarks of the speaker in his communication to the assembly on Tuesday 21st June 2005. In short, it is our view that the clerk has no authority to inform the I.E.C that our seats are vacant, that he could have acted constitutionally under section 91 subsection 3 if a proper authority informed him that our seats were vacant. It is our candid view that in line with section 91 (1) d, neither the speaker nor the Attorney General has authority to declare our seats vacant.  We therefore considered his letter to be without validity and felt that no one would stop us from attending National Assembly proceedings. To prevent any squabble we sought an injunction from the court so that no one will obstruct the performance of our duties as National Assembly members.

Foroyaa: What happened to this case?

Halifa: It was heard on Friday 24th June, 2005. The clerk was represented by a lawyer from the A.G Chambers.

When our team raised the issue of the injunction the defendant’s counsel read the communication made by the speaker of the National Assembly to tell the court that the injunction was unnecessary since the protection sought from the court is already guaranteed. The relevant portion of the speakers statement reads: “meanwhile the clerk of the National Assembly today 21st June 2005 was served with processes file in the Supreme Court on the 20th June 2005. Since the matter is now in court with due respect for the court and due process of the law the said Honourable members have been allowed to resume their seats pending the decision of the court.” When the counsel of the clerk read this before the Chief Justice the injunction was considered unnecessary by our team and the case regarding the injunction was withdrawn.

Foroyaa: Now what is the second case about?

Halifa: The second case is designed to prove that our seats are not vacant; that the speaker has no authority to inform the clerk of vacancy of our seats; that all their actions are unconstitutional. We will have to quote our authority to justify our claims. In the same vein, they have to prove that our seats are vacant and that the speaker had authority to inform the clerk of the vacancy and that the clerk and the speaker had acted constitutionally. They have to state their authority to convince the court. This is how matters stand.

Foroyaa: The speaker said that he declared the seats vacant after consultation with who?

Halifa: Consultation with who?

FOROYAA: Maybe the Attorney General Chambers?

Halifa: I had to rush to Radio Gambia to have an interview with Malick Jones after I heard his misleading interviews.  You see the Attorney General is not the authority to advise the National Assembly. The problem with the Gambia is that we have people leading us who are not committed to the principles of the constitution which are firm on the separation of powers.

Section 71 (2) of the Constitution states that “The Attorney General shall be the principal legal adviser to the government.” Because of ignorance, some people consider the National Assembly to be part of the government.

Foroyaa: You mean the National Assembly is not part of government?

Halifa: No it is not.

Section 230 of the Constitution says that “The government means the executive government of the Gambia.” This does not include the legislature or the judiciary. It is not for the Attorney General to give any advice to the legislature or judiciary. There are many novices handling our National institutions.  This is why we are in the mess we are today.
Foroyaa: How about Gassama?

Halifa: He has not only misread section 91(1)(d), he has gone as far to usurp the authority of the Supreme Court to interpret and pass judgment that party constitutions did not permit mergers. Which party in the world will have a constitution that forbids alliances with other parties? That is unnatural in a multi party environment. If Gassama had any respect for the rule of law he would not have stated what he did.

Foroyaa: Can they not accuse you of the same thing.

Halifa: If I don’t clarify their erroneous views will stand. I however agree with you that none of us should play party politics with this case. The courts are the final judge in disputes between the executive and the legislative. We should stop misleading comments and leave the courts to decide.



SUPREME COURT PRESIDES OVER OPPOSITION NAMS’ CASE

By Emil Touray

The Chief Justice of The Gambia, Steven Brobbey, on Friday presided over the miscellaneous application filed by the following parliamentarians, namely: Halifa Sallah of PDOIS, Sidia Jatta of PDOIS, Hamat N.K. Bah of NRP and Kemeseng Jammeh of UDP. The parliamentarians filed a motion at the Supreme Court seeking an interim injuncture in a bid to restrain the clerk of the National Assembly or any other authority from doing anything that will impede or hinder their performance in the National Assembly. They also sought for an order that will restrain the Independent Electoral Commission (IEC) from holding bye-elections in their various constituencies pending the outcome of the substantive suit they filed in court, challenging the latest decision by the National Assembly clerk for declaring their seats vacant.

For the information of the reader, the Clerk of the National Assembly had written to the Independent Electoral declaring the seats of the four opposition national assembly members vacant and calling for the conduct of by-elections in the respective constituencies. The case before the Supreme Court is that the clerk has no authority to declare the seats of the members of the national assembly vacant. The four members are urging the Supreme Court to declare the clerk’s declaration void and to bar the Speaker from preventing them from occupying their seats and the IEC from conducting by-elections in the respective constituencies. Meanwhile until the final outcome of this case, which can only be heard by a full panel of five or more judges, the four applied for the granting of an interim injunction. This can be heard by a single judge of the Supreme Court.

At Friday’s hearing of the miscellaneous application filed by the parliamentarians, Emmanuel Fagbenle, a senior state counsel who appeared for the first defendant respondent, the clerk of the National Assembly and the third defendant respondent, the Attorney General, argued that the motion filed by the aforesaid parliamentarians is incompetent before the court as the relief cannot be legally granted at this stage of the proceedings. He said the grounds of the objection are that the prayers on the motion paper are the same as the relief being sought on the writ of summons. He went further to argue that the motion filed by the aforesaid lawmakers seeks for perpetual relief that cannot be granted in law at interlocutory stage, while pointing out that the said application seeks to pre-empt a judicial determination on the merits of the issue before the court.

At this juncture, Chief Justice Brobbey butted in to tell the state counsel that one of the prayers sought by the lawmakers which he (Fagbenle) described a relief is not a relief. The judge told the senior state counsel that the said prayer is asking for an interim injunction pending the outcome of the substantive suit filed by the lawmakers.

Fagbenle relied on section 125 subsection (2) of the constitution to support his case. He noted that the aforesaid lawmakers are complaining that their seats have been declared vacant. He said there is nothing else to be done about the issue.

The applicants’ lawyer, Ousainou Darboe, argued that the application of his clients is pursuant to section 125 sub-section (2) of the constitution. Going further, Mr. Darboe argued that the application of his clients is supported by an affidavit sworn to by Halifa Sallah on his behalf and on behalf of all the other applicants.

“The facts in the affidavit are not in dispute. They have not been controverted. They (lawmakers) are entitled to the prayers being sough,” Darboe remarked.

Mr. Darboe pointed out that important issues are raised in the affidavit and the main suit. Mr. Darboe said that there are exceptional circumstances that arose in favour of the applicants. He noted that one of the exceptional circumstances is the status of the applicants (aforesaid lawmakers). Continuing his argument, Mr. Darboe indicated that if bye-elections are conducted in the various constituencies the lawmakers are representing and the Supreme Court’s verdict on the substantive suit filed by the applicants goes in favour of the aforesaid lawmakers, then it means the bye-elections will be exercises in futility.

“In as far as the applicants are concerned, the action of the second defendant/respondent (IEC) is a threat to them.” He remarked.

Mr. Darboe indicated that the Speaker of the National Assembly had informed parliamentarians that the matter pertaining to the fate of the opposition parliamentarians is in court, and that the clerk of the house has written to the IEC declaring the seats of the opposition parliamentarians vacant.

“If the injunction is not granted, then they will not be allowed in. We further submit that where there is an infringement of the constitution, the court has a duty to stop that infringement,” he remarked.

In order to support his argument, Mr Darboe cited a case that is reported in the Nigeria Weekly Law Report.

Mr. Darboe indicated that the aforesaid lawmakers will have a lot to lose if they are not allowed to attend parliamentary sittings, noting that in a situation where the opposition parliamentarians are not allowed to attend sittings then they will not be in a position to represent their various constituencies. The learned lawyer wondered what the clerk will lose if the opposition National Assembly members are allowed to attend parliamentary sittings pending the outcome of the main suit.

At this juncture, Fagbenle took the floor to say that the application is unnecessary because the opposition National Assembly Members have not been restrained from attending parliamentary sittings. At this stage, Justice Brobbey asked Fagbenle whether opposition members of the National Assembly will not be restrained from attending parliamentary sittings, but the learned state counsel said he has to confer with the speaker. However, Fagbenle later produced a notice from the speaker of the house to all deputies of the National Assembly.

“I have the notice from the speaker of the house to show that the applicants (aforesaid lawmakers) will not be restrained from performing their functions as National Assembly Members pending the determination of the substantive suit,” he remarked. The Chief Justice asked him to file it which he did.

Sydney Riley who represented the Independent Electoral Commission (IEC) said he could not oppose the motion filed by the opposition National Assembly members.

Mr. Darboe later stated that if the decision of the speaker was communicated earlier to him, then he would not have taken up the issue.

“The preliminary objection shows they were objecting. We are withdrawing the motion with liberty to restore it. In case anyone wants to restrain them, then that person will be brought here for contempt.” Darboe posited.

The Chief Justice at this juncture decided to strike out the motion. He then decided to set aside 4th July, 2005 for hearing of the main suit. He urged the counsel for the Attorney General’s Chambers and the clerk of the House to file their reply before the 1st of July 2005.



POULTRY & BEEF IN MARKET CONTAMINATED WITH SALMONELLA

By Emil Touray

A Press Release issued by the International Trypanotolerance Centre did indicate that the inspection of poultry and beef in the Gambia from local markets and supermarkets revealed very high contamination with Salmonella SPP.  The release went on to say that Salmonella is a matter for public health, and appropriate hygiene and conservation measures are required.

However, the release did indicate that all cattle examined at abattoir in the Gambia for tuberculosis (Mycobacterium) were found negative.  It stated that more studies should be done before declaring the absence of the infection in the region/country.

ITC studies showed that the production of F1 crossbreds through artificial insemination (A.I) can improduce milk production in short term.  According to the release, a crossbreeding programme was advocated with the castration of the male descendants to secure the genetic purity of indigenous Ndama.

According to the release, an extension strategy, pregnant FI crossbred produced at ITC were given on a loan basis to farmers in the Greater Banjul Area.  This was meant to allow the recipient farmer to learn through experience, the requirements (labour, feed and health care) in keeping crossbred cows in the backyard for purely commercial purposes.

According to the release, in order to facilitate the establishment of milk production units with smallholder farmers in the peri-urban areas of the Gambia, ITC promoted the production of FI crossbreds cattle on farm.  The release has it that the ITC is currently monitoring 21 FI (crossbred cattle) farms in the Greater Banjul Area.  The release pointed out that crossbred cattle were produced by artificial insemination with imported frozen semen following estrus synchronisation of local Ndama cows.



NAWEC’S G4 TO UNDERGO 10 WEEKS MAINTENANCE

By Amie Sanneh

The Chairman, Board of Directors of NAWEC, Momodou A. Jeng, has said that Nawec’s Generator No.4 (G4) will be grounded for a major maintenance which will thus affect the rate of power supply in the country. “This,” he revealed, “will last for 10 weeks.”

Speaking at a recent press briefing held at their conference room, the NAWEC Chairman pointed out that Nawec’s aim is to deliver to the public. “Nawec is not owned by any of us. It is owned by the people of the Gambia. Our aim here is to deliver and to deliver we have to face criticisms. Sometimes they applaud but most of the time people criticize us,” he said.

For his part, the Board’s secretary and the Senior administration Officer of Nawec, Abou Jeng, revealed that the rational behind their press conference is to sensitize the public through the media on their plans to shut down G4 for a period of ten weeks (from June 27th to September 10th 2005).

“During the maintenance, G4 will be shut down and obviously the available capacity will be reduced from 27 megawatts to about 20-21 megawatts and that will obviously result in load shedding,” he revealed.

“G4”, Mr. Jeng said, “was commissioned in July 1994 and started generating electricity in the year 2001 and has since been serving Nawec for 27,500 running hours at 12 kilowatts of electricity.”

Mr. Jeng however appealed to the general public to bear with them during the maintenance period.

“We as a company, will do whatever we can to make sure that the available power will be distributed to all as equitably as possible. However, there are certain essential services which will be given priority, like the medical centres and so on. The customers will be given the opportunity to use the 169 telephone number to call when they have problems,” he said.

Tijan Bahoum who is the Power Supply Director, revealed that the maintenance period is going to be very difficult. He said that even under normal circumstances, the capacity they have is not enough due to the large amount of customers they have. “The period we are going to have will extremely be difficult. Under normal circumstances Nawec does not want load shedding” he said.

This press briefing, he said, is to let their customers know before hand, for them to prepare themselves, especially the business men and those who buy food stuffs, which normally serve them for months.

Mr. Bahoum, however, advised the public to be careful to avoid buying things which they will store in their freezers in order for it to serve them for months.

In the areas where there are hospitals and health centres, he pointed out that there will be certain times when they will experience power cuts which (Nawec) would not like under normal circumstances. “This is not a situation of panic, we will have less power but not no power at all,” he said.

With the issue of people requesting to have power when they have ceremonies, Mr. Bahoum advised them to channel all requests to the Managing Director.

We will order our lines men not to honour any verbal request,” he revealed.

About D6 million is needed for this maintenance. After the maintenance of the G4, this does not mean that electricity problem is going to be a thing of the past, but the situation should improve. It is just that during the maintenance period, it is going to be worse. This will however affect water supply too. The Nawec officials promised to do their utmost to supply water to people. They urged the general public to be calm; that there should be no cause for alarm and that everything will come back to normal.



LAUNCHING OF NADD

Part 7

Assan Musa Camara’s Speech (Excerpts)

Greetings to everybody. I am very delighted today on this occasion. I believe everyone knows why he or she is here. A moment ago, about nine or ten months ago, the leaders of five opposition parties in the country entered into dialogue. They have realized that there is need for change in the political arena. They saw that if they don’t collaborate to form an alliance in the Gambia the suffering of the people will continue to increase. We did not form NADD to eliminate any other party, it is not formed to overthrow the government or any other subversive thing. We realize that the way our country is being governed is creating a lot of problems for the people. We give them power, in turn they are now more powerful than us. That is a tragedy. It is your rights as citizens to form political parties. By the help of God, these leaders seated here today, will be able to restore the power to the people. There is need to put a stop to dictatorship where an individual can drive out of the House
 an elected member, Alkalos and Seyfos. Fellow Gambians, let’s take note of where our country is heading. Those of you who are here come from different parties, even members of the APRC. Those of you coming from the APRC and other parties I am hereby urging you all to embrace NADD firmly.

Our country demands a strong opposition which can change the bad system going on. In these ten years, the opposition have been separated and we realized that we cannot achieve our goals in that manner. Then we decided to form an alliance, as the hope of the future lies in such unity. I did not register GPP because it will; bring another division among the people. It is better we follow our parties and their leaders and work together as a united opposition which can meet the demands of the citizenry. We have come a long way. In the past, opposition parties used to condemn each other which is due to the fact that the bad government was dividing us. But now if we are organised and foster cooperation, we can restore democracy in the Gambia. With the help of God, these dynamic people have emerged as one. We have a difficult task, because to bring together people of different views is a challenge. I have realized that we have succeeded.

Since our formation, we have realised that our alliance is very fruitful. So I am appealing to each and every one of you, even those of the APRC in respect of our nationhood to firmly support NADD. Today I am very happy. I have seen signs that urge me to leave politics. I have seen people who can continue my mission. They are people I trust, people who, if they take leadership of this country they will establish democratic values, people who will secure the wealth of the nation and defend the constitution. Now I know it is time to leave politics. I thank and honour every one of you.



COMMUNICATION FROM THE CHAIR

(Halifa’s Letter to The Speaker)

Your communication from the chair has been forwarded to me. The integrity of the National Assembly is in question.

You have stated in your communication that after the registration of NADD as a political party and the resultant debate on the constitutional implications “The Office of the Honourable Speaker after due consultation concluded that the seats of the aforementioned Honourable members are vacant.”  I am still wondering why a debate on the registration of an alliance of political parties as a political party to legitimize its existence led the speaker to declare our seats vacant on the assumption that we have ceased to be members of our individual parties.

Honourable Speaker, which constitutional provision empowers you to engage in consultation to determine whether our seats should be declared vacant? Constitutions are very clear on who should do what and in consultation with whom.  Let me state without any equivocation that your adviser would put a torchlight on in broad daylight, to search for a provision in the constitution which mandates you to make an enquiry and declare our seats vacant on the basis of Section 91 (1)(d) without seeing it.  Such a provision simply does not exist. You have no authority to declare our seats vacant.  Only the Supreme Court has such authority. You have erred in your judgment and you should acknowledge wise counsel.

In my view, the communication from the chair misinformed the National Assembly about the substance of the case. Our seats have never been vacated. There is no case for resumption of our seats. What you have done is to promise not to obstruct us from performing our duties until the court decides whether or not what you and the clerk did was constitutional. This is how matters stand.

I hope you will enable me to convey my concerns to the National Assembly accordingly during the adjournment debate without prejudicing the case before the court.

Since the Communication was made public this letter is being made public for general information.



BUSINESS REGISTRATION BILL PASSED

By Abdoulie G. Dibba

Deputies in the National Assembly on Wednesday 22nd June 2005, passed the Business Registration Bill unanimously.

In tabling the bill before deputies, the Attorney General and Secretary of State for Justice, Mr. Raymond Sock, asserted that the bill is one of the requisite legal frameworks necessary for the Gambia to adjust to the new realities of the business world, to adequately encourage investment and participation by small-scale investors and facilitate the pursuit of legitimate business, without unnecessary restriction. SoS Sock argued that the Bill repeals the Business Registration Act 1973, retains some of its provisions, but introduces others which are responsive to new opportunities and challenges of the business sector. SoS Sock concluded by saying that the bill also seeks to improve and modernise the law, relating to business to support and strengthen the financial sector of the Gambia. He said that business according to the bill, means any form of trade, commerce, craftsmanship or other activities carried on for the purpose of gain and that exempted business means a business of a
 class or nature which has been exempted from registration by the Secretary of State, by order published in the Gazette. He asserted that the bill will come into effect at a date appointed by the Secretary of State and published in the Gazette. In seconding the bill, Hon. Kebba Touray, National Assembly Member for Illiassa Constituency argued that the bill is non controversial and that when passed, it will go a long way to help modernise business in The Gambia for it to be in line with our partners within the rest of the world.

On his part the Member for Serrekunda East, Hon. Fabakary Tombong Jatta argued that the definition of business according to the bill, is very wide. Jatta pointed out that he had some fears but that Clause 1 of the bill is saying that the bill will come at a date appointed by the SoS and within that period, Hon. Jatta said, there could be enough consultations so that they would know which business to register and which are not to be registered. “Otherwise,” Hon Jatta said, “my fear is that even the small business in the street would be registered.”

On his part Hon. Adama Cham, National Assembly Member for Kombo North Constituency, asserted that the private sector has an important role to play in a country’s socio-economic development and that the bill will go a long way in helping to facilitate that. He said that “Exempted businesses confused him before but that Clause 1 of the bill has clarified that confusion.

In winding the debate, SoS Sock thanked the members for their support.



PARTNERSHIP BILL PASSED



By Bubacarr K. Sowe

The partnership bill 2005, the law which aims to modernize and improve the legal structure of the Gambia Financial and Business Sector was on Thursday enacted into law by members of the National Assembly.

Presenting the bill to the National Assembly, the Secretary of State for Justice and Attorney General, Raymond Sock, said it has become necessary to legislate on the rights and obligations of partners and third parties.

He added that since there was no legislation on partnership, which was governed generally by common law, it has become necessary to come up with a specific bill to deal with partnership.

He further noted that the bill also aim to encourage investors into the country, giving a credible guarantee to a successful investment.

Seconding the motion, the NAM for Lower Fulladu West and Majority Leader in the National Assembly, Churchill Falai Baldeh, said they had complained in the past about the non-prominence of a partnership business in the Gambia which guarantees relationship.

He further commended the SoS for Justice for such a positive move and urged his colleagues to go through the bill thoroughly, in order to avoid a return of the bill to the house. He said the idea of returning bills to the National Assembly should.

The NAM for Banjul Central Hon. Kofi Green Harris described the bill as long over due, indicating that such laws exist in most Commonwealth countries.

“Going through the bill one would see that the “weak” are well protected against unscrupulous and smart businessmen.

The NAM for Jarra West, Hon. Kemeseng Jammeh, also described the bill as a positive development, pointing out that it is necessary to have a specific law relating to partnership.

“This is going to serve as an incentive to attract investors into the country, but at least there would be some legal guarantee,” Hon. Jammeh noted.



CHILDREN’S BILL TABLED BEFORE NAMs



By Amie Sanneh

The children’s bill 2005 was on Thursday 23rd June tabled before deputies at the National Assembly. The said bill was brought to the Assembly by the Attorney General and SoS for Justice, Raymond Sock.

SoS Sock who said the bill is non controversial, noted that the bill incorporated provisions regarding the rights of the child. He said that the bill also addresses certain offences disturbing the lives of children, such as trafficking, the bill he noted is meant to protect and safeguard children.

The Children’s Bill, SoS Sock pointed out, is divided into eighteen parts among which are: the rights of the child, fostering, adoption, residential care home, etc.

Supporting the motion, the Member for Wuli East, Duta Kamaso, said the bill is important as children are the assets of the society. Hon. Kamaso revealed that children suffer in silence, emphasising the importance of considering the bill as non controversial.

The Member for Serrekunda West, Sulayman Joof said in his contribution that rights go with responsibilities. “Wherever there is right there must be responsibility,” he noted. Hon. Joof expressed his delight towards the establishment of a criminal court for children which is mentioned in the bill under section 68. “There should be a court to be known as the Children’s Court in every division, and any other local government administrative unit designated by the Chief Justice by notice in the Gazette.”

Mr Adama Cham, the Member for Kombo South who also supported the bill, noted that the bill established a framework of legal system for children. The bill, he added, is to compliment the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Mr. Cham added that we should be able to respond to the needs of children, promote and serve what is in the best interest of the child.

He pointed out that if children are to take their rightful positions, they need to be protected and safeguarded for the interest of the nation.

“If we are to do justice to our people and nation, we need to look into the bill and pass it. We should monitor and look into the bill to its fullest,” he remarked.

Nominated Member, Nyimansatta Sanneh Bojang who is also supported the enactment of the Children’s Bill, noted that children are important elements in any society who form a high population and are more vulnerable, whilst stressing the need for the bill to be passed.

She said that the interest of the child is a supreme responsibility of government and parents. She said the most attracting thing about the bill is the children’s court. She revealed that some parents do not treat their children well, instead they neglect and abuse them. The nominated member revealed that many complaints are received at the Social Welfare Department and are never taken seriously. “The establishment of this court, will protect and safeguard children. As slated under care and protection of children, clause 76 (1) “For purposes of this Act, a child is in need of care and protection if the child – (b) has been neglected or ill-treated by the person who has the care and custody of the child.”

She appealed for the bill to be adopted for the best interest of the child.

In her contribution, the Member for Lower Saloum, Ndey Njie said the Children’s Bill alleviates fears. “There is nothing in the bill which was not practised in the country,” she said. Hon. Njie posited that the bill is here to remind parents of their obligation towards their children and the care they are supposed to give them. As stated under parental responsibilities under section 22 (1) “Parents have the primary responsibility for the upbringing and development of their children and have the duty to – (a) ensure that the best interest of the child are their basic concerns at all times.”

She however said that the best interest of the child should not just stop at ratifying the bill but to also take the necessary actions needed.

The Member for Sami, Edrissa Samba Sallah stressed the need for children to be traditionally disciplined at home by parents and neighbours. He also stressed the need for the bill to be extended to the Alkalos, Seyfos etc. He said that compatible bills are tabled before NAMs but people never notice it. Mr. Samba Sallah expressed the importance of explaining the children’s bill to the general public.

With regards to the children’s court, he expressed his happiness towards it, noting that it will make parents take good care of their children.

Fabakary Tombong Jatta, the Member for Serrekunda East said in his contribution that the Children’s Bill is not controversial but challenging to NAMs. He said NAMs need to tour their constituencies and discuss the content of the bill with the people.

Mr Tombong Jatta pointed out that the “cane” is not the only way to discipline a child; rather laws are needed to make parents to be responsible towards their children and know how to treat them. He blamed parents for being irresponsible towards their children. The Majority Leader and Member for Lower Fulladu, Churchill Baldeh said the bill will soon be promulgated into law, and if it does, he said, it is not going to compromise with anybody with regard to the rights of children.

The Children’s Bill is to set out the rights and responsibilities of children to consolidate the laws relating to children, to provide for care, protection and maintenance of children, to establish a children’s court, to provide for a criminal justice system for children and for other related issues.

The bill was read by NAMs and few amendments were made. It will be presented to the president for enactment into law to protect our children.



NOBODY CAN STOP NADD OR DISTRACT IT FROM ITS MISSION

National Alliance for Democracy and Development has come to the Gambian people with a very simple and clear message, easily comprehensible by even those who don’t want to understand it; a message which gives sight to the blind, hearing to the deaf, life to the dead and hope to the hopeless. This message cannot be countered because it enlightens and gives hope; it liberates the mind of the oppressed and empowers them. It is the message of enlightenment and empowerment.

The best thing for the deceptors and self-righteous is not to stand on its way but to sink into the ground and be seen no more because it can be so harsh at times.

Its foundation is empowerment of the people and an eternal end to self-perpetuating rule in the Gambia. Each of its lamentations are supported by palpable reasons and evidence. It says the APRC leadership intends to perpetuate itself in power even against the will of the majority. This was evident by the amendment of the constitutional provision which ensured that no one is declared as winner in a presidential election unless one gets more than fifty percent of the total votes cast at the election, that is a simple majority. It is also evident in the deliberate refusal to allow the civic education council free access to the media (GRTS Radio and Television) which is owned and funded by the people themselves. It is further evident in its attempt to silence the independent media. It seems the president has forgotten about what he told the nation when he took over, that the PPP regime had over stayed in power and that they are going to make sure that no person rules this country as a
 president for more than ten years (i.e. two five year-terms).

NADD is saying that state power is personalized and centralized which is also evident by the hiring and firing of state officials by the president at will without giving any reason and the refusal to allow the people to make Alkalolu and Seyfolu accountable to the people. Even the chairman of the Independent Electoral Commission (IEC) was at one time unconstitutionally removed and replaced.

It is saying that the economy is in tatters and that can only be denied by the deceptors and self-righteous and those who wine and dine on the sweat and blood of the people while they (the people) live in abject poverty, hardship and disease. Just at the beginning of the financial year, the nation was told that one thousand and four hundred million dalasis out of the three thousand million dalasis that they are putting in the nation’s coffers this year is going out to pay loans which were taken to finance their so called development projects which they boast of and at the same time they have almost doubled their own salaries and added nought to that of the rest of the civil servants who carryout the donkey jobs. Yes, only the conscience of people with hearts of stone can accept receiving twenty-six to fifty thousand or more dalasis a month when the average Gambian does not even earn more than five thousand dalasis per annum, their health facilities are without enough staff and drugs
 to take care of their sick, their schools are without teaching materials and enough trained teachers to teach their children and their agricultural products cannot be bought because of lack of funds. Such people will not hesitate to deny that there is hardship.

Life becomes harder and harder as the prices of basic commodities skyrocket day by day due to gross mismanagement and unproductiveness of the economy under the APRC administration and to dodge responsibility of the state of affairs people are accused by the leadership of being lazy and being mean to each other.

No serious effort was made by the regime to develop the economy and create employment for the Gambian youths. It is simply engaged in a so-called “operation no compromise” which appears to be geared towards victimising only those who are considered to be a threat to the regime and compromising with others who have been proven by the commission to have embezzled hundreds of thousands/and some even millions of public money. One of those persons found liable by the commission set up by the President himself in his so-called operation no compromise drive and was asked to pay two million dalasis to the state is now made the Secretary of State for Agriculture, a sector that is considered to be the backbone of the economy of the nation. One wonders how such calibre of people can wipe out the tears of Gambian farmers who have been toiling every year without any hope of having their produce bought. Government cannot even buy their produce at the end of the harvest season without giving them
 promissory notes. This is the state of the nation after ten years of APRC rule.

This is why to clean the political and economic mess created by the APRC rule, NADD made it its goal to put an end to self-perpetuating rule and ensure the empowerment of the people so that they can participate in sustainable development.

Its strategic objectives are to put in place a constitutional and legal instrument as well as democratic institutions and practices covering all areas of state administration and management so as to put a definitive end to self-perpetuating rule and ensure the empowerment of the people; launch a five year transitional rectification programme in order to ensure an open democratic society based on the promotion of national unity, freedom, peace, prosperity and justice for all; create an economic environment that ensures the development of the productive base, maximise economic growth, employment and general welfare as well as foster regional integration; promote the ideals, policies and programmes of ECOWAS and other sub-regional groupings in particular and African Union in general; promote the fullest participation of the people especially the women, in development and maximise the benefits derived therefrom; promote the prestige and image of the country internationally by ensuring
 full respect for the human rights  of the citizenry and their democratic participation in running the country in accordance with the ideals enshrined in international human right law and norms of best practice; develop partnership with civil society organisations to enable them to participate and guide the governance and development priorities of the country; encourage the freedom of information through the creation of laws and practices that would safeguard the independence and impartiality of the public media to disseminate information without censorship; establish a code of conduct that would put an end to the politics of slander, character assassination, patronage and intimidation and replace it with the type of politics based on enlightenment, principles and programmes.

The interim president who will oversee the programme of rectification under the Alliance will serve for one five year term of office only. He or she will vacate his or her seat at the end of his or her term and will neither seek nor support the candidature of any other person for the ensuing presidential election.

A constitutional provision will be put in place under the Alliance that would limit the number of terms a person can occupy the office of president of the Republic to two.

These are what NADD intends to replace APRC’s ten years of mess within a period of five years. Now which sincere patriotic Gambian in his or her right mind will prefer APRC’s mess to these noble intensions of NADD? I am sure the answer is “None”. The APRC leadership is very much aware of these facts. This is why there is panic in all quarters of their party. They are all restless because of these facts and that shall continue until October 2006 when they will taste the wrath of the Gambian electorate which shall mark the end of the dark days of Gambia’s history.

Fabakary Trawally

Baddibu Salikeni



EU EARMARKS 51 MILLION EUROS FOR THE GAMBIA



By Emil Touray

Manuel Lopez Blanco, a delegate of the European Union who is currently in the Gambia, on Thursday informed journalists at a press briefing that the European Union has earmarked fifty-one million Euros for the maintenance of the country’s road network and the provision of water supply for the people.

The press conference which was held at the Senegambia Beach Hotel, was preceeded by the signing ceremony marking the conclusion of the mid term review of the European Development Fund. Baboucarr Jallow of the Department of State for Finance signed on behalf of the Gambia Government whilst Mr. Blanco signed on behalf of the European Union.

Manuel Lopez Blanco told journalists that in the next few months, about forty-five million Euros will be spent on the maintenance of all the main roads in the Gambia whilst six million and eight hundred thousand Euros will be spent on the provision of water supply for the people. He pointed out that the remaining balance will be spent on other sectors. However, he was short of specifics. Mr. Blanco told journalists that the European Union will mobilise funds for the forthcoming elections in 2006.

“It is very difficult at this time to say how much we could provide for the elections. It depends on the request made by the Gambia. It will depend on the examination of the needs of the electoral commission and the mechanisms that are involved,” he remarked.

He pointed out that the Gambia like any ACP country is linked to the European Union by the Cotonou Agreement.

“We are not a bilateral donor who will monitor Gambia like the World Bank, the Islamic Bank or other institutions. The European Union’s relation with the Gambia is a political and commercial cooperation.

“At the political level, we have the shared values of democracy, human rights and good governance which are serious things for us and the government of the Gambia. This is the back drop of the cooperation between the European Union and the Gambia. We are in full partnership with the Gambia.” He remarked.



LACK OF WATE, ELECTRICITY AND TELEPHONE SERVICES IN BANSANG



By Tombong Jadama

The people of Bansang are currently experiencing lack of water, electricity, and telephone services. The lack of the aforesaid services has made life miserable for the inhabitants of the area. It is purported that the area has been beleaguered by the lack of the aforesaid services for the past three months.

Speaking to this reporter, Alpha Jallow, a resident of the area, lamented that the neighbourhood known as Angal Futa is the area worst affected by the water shortage. Mr. Jallow also informed our reporter that some people work several kilometres everyday to fetch water.

 The people of Bansang are also affected by electricity shortage. Some of the inhabitants said they often purchase candles to light their houses. They noted that the lack of electricity has made life difficult for them.

Others complain that their telephone lines have not been functioning for the past weeks. It is purported that some of the institutions in the area like the schools and the national lottery office are affected by the lack of telephone services. According to sources, the fire station in the area was also affected by the lack of telephone services. Reports have it that the problem pertaining to the lack of telephone services at the fire station was resolved on the 8th June 2005.

One of the technicians at the Gamtel outfit, who spoke to our reporter on condition of anonymity, said the telephone lines have been affected by a technical problem. However, he was quick to say that they are trying to establish the technical problem that is affecting the telephone lines in the area. FOROYAA will get in touch with the relevant authorities for their views on the matter.



THE SITUATION OF RAIN CONFUSES FARMERS



By Tombong Jadama

Many farmers in the provinces have already sown their seeds over two weeks ago but there is yet to be enough rain to facilitate their growth. After the first rains which fell on the 10th of May 2005 in the URD, many farmers sowed millet and some other varieties of coos, whilst some are still clearing their farms waiting to sow their groundnut seeds and other crops.

Apparently, since the sowing of the millet after the last rains, there has not been enough rains, and the millet that has already germinated, is said to be affected by insects. Many farmers who spoke to this reporter indicated that there are insects around Kerewan in NBD and Liberass in the CRD. This reporter who visited these areas found that the sown millets have been affected, however he did not see any sign of insects. This reporter noticed the confusion that descended on the face of the farmers due to the lack of rain, this jinx has not only affected the sown crops, but the animals are also affected. Those who have already sown their crops are now in a dilemma of re-sowing as they do not see any sign of rain.



A MYSTERIOUS DEATH



By Abdoulie G. Dibba

Information reaching Foroyaa indicated that Sheikh Tijan Secka of Darsilami was accused and charged with manslaughter, contrary to section 186 of the Criminal Procedure Code (CPC) cap 10 vol. III, Laws of the Gambia. According to our sources, Sheikh Tijan Secka found Musa Ceesay in the street and pat him on the shoulder and asked him to go and study his books. According to our source, Musa went home and started feeling feverish and died before reaching the hospital. Our source went on to say that a case file was issued by the Attorney General’s Chambers advising the police to charge the accused person with manslaughter. The source revealed that on the 16th of June 2005, the Attorney General’s Chambers addressed a letter to the Inspector General of Police and copied it to the Director of Public Prosecutions to close the case in the interest of restorative justice. The letter read among other things that: “The Honourable National Assembly member Kebba Lang Camara of Sabach Sanjal
 Constituency has indicated to the Attorney General’s Chambers that both the families of the deceased and that of the accused person have come to the decision that it is not in the interest of restorative justice to continue with the case; that as a result of the close relationship between the two families and the remorse which the accused person has shown since the occurrence of this incidence, both families have accepted the decision of Musa Ceesay as an act of God and have deposed to these facts in a 7 (seven) paragraph affidavit, attached to the letter.” The letter went on to indicate that “This decision was also repeated in the presence of the Officer Commanding Police Prosecutions, A.S.P Burama Dibba, Hon. Kebba Lang Camara, a representative of the Alkalo of Darsilami Village and representatives of both families. The letter concluded by saying that in light of the unfolding events, the Attorney General and Director of Public Prosecutions have deemed it in the interest of
 restorative justice, that the case be closed in order to preserve the long standing relationship between the two families by graciously forgiving and forgetting the whole issue.



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