Gambia-l,
The following is Sidia Jatta's contribution on the motion dealing with the
crude oil. Published in FOROYAA issue 3-6 July, 2000.
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When the issue arose as a result of an article in Africa Confidential, a
question was ultimately posed on it to the Secretary of State concerned and
since then the matter kept on coming and some people decided to investigate
because it has become a national concern even as far as going to where the said
court had taken place.
We know that this crude oil business was going on under the First Republic.
That was why the AFPRC constituted a commission to enquire into it. So what is
wrong in appointing a committee? And don't forget that this committee, even
though it has powers of a High Court, does not have power to penalise anybody.
It can only investigate and simply report. So you think that is bad?
And some people dare stand up here and tell us that nobody is interested in it
in this country. That is terribly dishonest. I had a meeting in that
particular member's village, in his constituency, in his own village, and they
asked me a question about crude oil. That Member stood up here twice
successively and said that nobody is interested in the. crude oil issue.
Mr Speaker, that was why at the inception of the life of this National
Assembly, 1 contended that 1 don't want to be called honourable because for me
honourability is not a title. It has to be acquired particularly by us who are
here. It has to be acquired because of our deeds, our words, become our
commitment to the national interest.
You ask anybody in the street, consistently, I refuse to be called honourable.
My honourability will be established by my deeds and the people are the judges
of those deeds and not myself. 1 take no pride in being called honourable. I
think it is a mistake that once you are elected automatically you are
"honourable". But how did some of us win our seats in this National Assembly?
Those practices themselves are anything but honourable.
Mr Speaker, the references they make to sections 13 and 17 of Schedule II of
the Transitional Provisions refer to a period which is outside the
constitutional period. It is by comparison after the incident of the abortive
coup d'etat of 1981 the then government retroactively introduced the so-called
Indemnity Act for the period during which the abortive coup d'etat took place,
because some how laws were put aside and power not respecting laws and rules
was used to deal with the situation. Therefore, they retroactively introduced
the Indemnity Act to protect themselves.
In like manner in the 1997 Constitution, the need for indemnity Clauses was
felt because from 1994 to the end of 1996 we did not have an elected government
but we had a government whose members had arrogated power to themselves. And
therefore since we were now entering a constitutional period, they saw the
needs to make provisions to protect whatever had happened during that period.
It is not that constitutionally we don't have power to appoint a committee.
You know that we do have. That's in section 109. Some committees have been
mentioned but in addition it says any committee that you feel it is necessary
to appoint.
So, Mr Speaker, those of my colleagues who have been contending that we don't
have power to appoint a committee, I refer them to reread that section they
have been referring to. But Mr Speaker, if we, refer to sections 214 (5) and
216 (1) we will see the emphasis placed on this issue of accountability in the
constitution.
Section 214, subsection (5) reads "The Government, with due regard to the
principles of an open and democratic society, shall foster accountability and
transparency at all levels of government."
Section 216, subsection (1) reads: "The State shall endeavour to secure and
promote a society founded on the principles of freedom, equality, justice,
tolerance, probity and accountability."
Mr Speaker, this does not even need a long debate. The Member for Sandu cited
the Indemnity Clause in the belief that he was helping the presidency, but
unfortunately Mr Speaker, he was exposing the presidency because whether or not
we appoint a committee..... ; in fact if we fail to appoint a committee, the
rumour will continue. What is worse, accusing fingers will continue to be
pointed to the presidency.
Mr Speaker, we have a great responsibility. That is why it shocks me when I
realise that some of us have transformed ourselves into marionettes insulting
their colleagues for want of honesty, for want of conscientiousness, for want
of commitment, for want of courage and determination to serve the Cause the
supreme law of this land and that is the constitution. If that is what is
happening, Mr Speaker, I am very sorry to say, then this National Assembly must
be ranked as one of the most inept, one of the most corrupt among the
legislatures of the world.
This is a very simple and straightforward matter. We are not calling for a
trial. We are calling for a device which will help us clear the air to free
the presidency from all sorts of rumours and slander. That is also our
responsibility. And that is why we have the constitutional mandate to do away
with any President who does away with the fundamental laws of this land. That
is to protect the presidency from failing into disrepute.
So a committee is simply meant to investigate the merits and demerits of what
has been said about the crude oil. It is not for us to debate it. There is no
matter to debate now. This is what has been forgotten. And what is surprising
some of my colleagues on the other side decried the authenticity of the
document and yet refer to them to have a stand point. How can that be? How can
you say this document is not authentic and yet refer to it to corroborate
whatever you have to say. How can you refer to the Indemnity Clauses to say
that we do not have power to establish a committee? That is not true. I
challenge anybody who disagrees with that. There is no authority in this
country who will stand before me and stay that the National Assembly does not
have power to establish a committee.
The Public Accounts Committee was reviewing the Auditor General's Report which
dates from 1991. Do you imagine even before the coming into force of this
constitution. So you see how powerful this body is. The committees appointed
are really powerful committees.
So Mr Speaker, my contention is simply this. We have not come to the stage to
debate anything here.
So Mr Speaker, my contention is simply this. We have not come to the stage to
debate anything here. As far as I am concerned, we don't have anything
palpable to debate. But what we have is that there is a lot of rumour about
the executive. Many pointing fingers have been made in the direction of the
executive. It is our responsibility to free the executive from tarnish. And
we can only do that if we appoint a committee to help us clear the air once and
for all.
I would have applauded the other side if they had condemned us, the
opposition, as they say, for making this issue partisan. it is not a partisan
affair. It is a national matter.
Mr Speaker, some of the things I said since the inception of the National
Assembly are coming to light. In 1997, I said that this way of sitting.......
The essence of being here is that we are representing the Gambian people. I
once said here that although I was elected by the people of Wuli, I am not
representing Wuli. I am representing Gambia. If I were representing them we'll
be making laws for Wuli uniquely. We'll be signing loans for Wuli uniquely.
We will be designing programmes for Wuli uniquely.
When the problems of this country are solved the problems of every constituency
will be solved simultaneously. Once we are in this National Assembly together
we must work to serve the interest of The Gambia. That is why when something
comes here we don't just kick it because it is from the executive. I personally
don't do that. I'll look at it an d examine its merits and its demerits. And
I'll make proposals to better it. That I have always done and that is my
responsibility. So here also........
The Constitution knows that there are people who are elected by the Gambian
people to represent the Gambian people because not ail the Gambian people can
come here and represent themselves. There is no space, there is no time for
each of them to express their views.
And that is why the Constitution says that since by 18 one is mature and
therefore one knows what is good for one's fellow countrypersons. Then one
should participate in electing people who are, according to section 112,
committed, conscientious, disinterested in making profits for themselves, who
can always deliberate on national issues according to the dictates of their
conscience. Elect those people to represent you and they should be accountable
to you at the end of five years. But now, even at the end of one month.
Mr Speaker" I think today I will repeat. There is need for us to consider
section 92 of the Constitution. it is very important that we consider a Bill to
do what section 92 requires us to do because may be what is going to happen
here tomorrow it would occasion the recall of members of this National Assembly
by their electors. And we are almost coming to the end of the life of this
National Assembly and section 92 has not been given consideration. We should
empower the people to recall us whenever we fail to serve-them the way they
want us to serve them.
I will discuss it with some colleagues so that together we draft a Bill to the
effect that section 92 becomes active, people will have power and authority to
recall whoever they have voted for and is not serving their interest so that
someone else replaces them.
Mr Speaker, as I said, there is no need for a long debate on this matter. All
that we need to do is to refer to the Constitution and see whether there is any
requirement for us there.
We refer to rumours, etc.; is that what we want to surround the presidency of
this nation? How do we put an end to that. That is the fundamental question.
How do we put an end to rumour and slander surrounding the executive.
The only way we can do it is in accordance with what the Constitution
stipulates - to appoint a committee to investigate and then report to the
National Assembly. For me, that is a very simple matter Some people have said
that the motion was made with malicious intent, political hindsight and all
what not.
Mr Speaker, as far as I am concerned, when the matter was raised here in 1998,
it was not a Gambian who raised it. It came in an international newspaper
AFRICA CONFIDENTIAL and the same Africa Confidential recently reported again.
This time in more detail referring to court proceedings. Our envoy in London
who went there purposely to investigate the veracity of whatever was being said
had occasion to met Patrick ant discussed with him. And as a result of that
something else. has come. We will come up with that later, whenever it is made
available to you, I'll bring it here for us to consider it in the interest of
accountability, transparency and probity. We cannot be concerned about
transparency and accountability of some institutions when it is a question of
ourselves being accountable. "Charity begins at home", they say. So let us
honestly face the facts and there is need to form a committee. So let us
honestly see why we should form a committee.
If we don't form it it is not that the constitution is preventing us from doing
it. I repeat, the constitution does not prevent us from appointing a committee
if we fail to appoint a committee then it is simply that the majority has
asserted its power. But the constitution, as far as I know and as far as
anybody who cares knows. gives us all rights and power to appoint a committee
to investigate. You have been saying this all the time; so why are you
questioning it today.
Mr Speaker, thank you very much.
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