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Thu, 17 Aug 2006 18:59:59 EDT
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More evidence that we are dealing with  people who have no regard for any 
laws!! 
I think sister Ndey Jobarteh mentioned  the necessity for electoral reforms 
if these were undertaken in a  timely manner but one has to be dealing with 
people who respect and abide  by the constitution instead of people who shape the 
constitution to  satisfy their needs. 
 
Written by Alhagie Jobe     
Thursday, 17 August 2006    
Members of the National Assembly, on Monday amended  Section 63 (2) of the 
1997 Constitution Bill, consitutionalising the date  for the Presidential 
elections in September, instead of  October. 
Presenting the Bill, Sheikh Tijan  Hydara, Attorney-General and Secretary of 
State for Justice said the new  amendment proposes that the elected President 
shall take the prescribed  oaths and assume office on the exact day, when the 
term of office for the  incumbent President comes into expiration.    

SoS Hydara then told the members of the National Assembly that “the  only 
requirement that must be satisfied is that of Section 46 of the  Constitution, 
which provides that elections can be held within three  months, before the 
expiration of the incumbent President’s term of office.  With this proposed 
amendment, the IEC will no longer be restricted to hold  Presidential elections on a 
particular date within the last three months,  before the expiration of the 
incumbent’s term,” he said. 

SoS Hydara pointed out that this  amendment to Section 63 necessitated the 
amendment to Section 96 of the  Constitution, adding that “the latter provides 
that elections to the  National Assembly shall be held three months, after the 
date of the  Presidential elections”.   

He then observed that the proposed amendment to Section 63  indicates that Nat
ional Assembly elections may fall on the date that the  “President elect 
takes his or her oath of office, and also the word three  in section 96 be changed 
to four”.  According to him, this will give  provision for the National 
Assembly elections to be held the following  month, after the President elect takes 
his, or her prescribed oaths to the  office. 

However, SoS Hydara noted that Section 63(1) is an entrenched  clause that 
must go through a “special procedure, before it is amended.  This process has 
commenced since April 2006 and it is now time for it to  be tabled before the 
National Assembly”. 

To back up the amendment, Hon Sellu Bah, NAM for Basse described  the Bill as 
preventive to imminent “problems. It will rectify and  safeguard any possible 
confusion in both the Presidential and any National  Assembly elections”. 

Hon Halifa Sallah, NAM for Serrekunda Central said the amendment  was 
suggestive of an inditement made by the IEC, saying the scheduled date  for the 
Presidential elections is not in line with the required Section of  the 
Constitution. “What we are amending today reveals the shortcomings of  the IEC. Today, if 
we pass this Bill, then the date will be unlawfully  legitimised,” he 
asserted. 

According to him, the IEC Code of Conduct requires fair play and  integrity 
in an election. “Therefore, I have every right to say that this  officers are 
not capable and effective. We do not need people, who do not  or cannot 
administer such an office like the IEC,” he  said. 

At this jucnture, Hon Fabakary Tombong Jatta, NAM for Serrekunda  East 
expressed his disappointment with the opposition bench of the  National Assembly, 
saying “I was expecting the opposition to congratulate  Shiehk Tijan Hydara, 
Secretary of State for Justice, instead of being  controversial to the Bill. Is 
it that the oppositions are not ready for an  election, or less confident about 
themselves?” 

Hon Jatta asserted that the IEC was operating according to the  Constitution, 
adding that “if the ruling party did not complain of the  scheduled date by 
the IEC for the election-which really shorten the term  of the incumbent 
President- then I see no reason why the opposition should  complain.” 

He said the date did not fall in the Ramadan and during the period  of heavy 
rains. “This means that it satisfies everyone. No one should  complain about 
it,” he said. 

He then impored his counterparts to “unanimously amend the Bill to  ensure 
that the election take place as scheduled.” 

Hon Netty  Baldeh, NAM of Tumana, expressed similar  sentiments.


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