Supreme Court Will Reject Media Bill - Minority Leader Warns Fellow Nams The Independent (Banjul) May 6, 2002 Posted to the web May 6, 2002 Kemo And Seedy Banjul In a particularly eloquent and poignant speech Thursday the minority leader who is also the member for Serrekunda Central Halifa Sallah has warned that the Supreme Court would be poised to reject the Media Commission Bill should members of the National Assembly enact it. Honourable Sallah who was among three opposition members of the National Assembly critical of the Bill said if the constitutionality of certain clauses in it are challenged in the Supreme Court, members of the National Assembly who had given it their blessing would realise that they had made the wrong decision at their own peril. The National Assembly was deliberating on the Bill, which was tabled before its members by Secretary of State for Information and Technology Bakary Njie and had attracted a groundswell of media practitioners belonging to the print and electronic media, who were opposed to its enactment. Honourable Sallah argued that although the 1997 constitution envisages the creation of a National Media Commission through an Act of the National Assembly within one year of its coming into force, some of its provisions are a misrepresentation of section 210. He also criticised the proposed composition of the Commission as not providing the recipe for fairness, impartiality, professionalism and independence in the event of deciding on the fate of a defaulting media practitioner. He emphasised that it was without doubt necessary to establish a code of conduct for the media to augment the professionalism of the media, which is necessary in a democratic society, the approach towards instituting that Commission represents an undemocratic departure from the spirit of the constitution, which therefore renders the Bill challengeable in the Supreme Court. He said that despite the objectives advanced by the government for its creation, the Bill is seeking to create a 'mighty High Court to be given certain functions among which are enquiring into complains made against media practitioners and organisations, summoning witnesses to its enquiries into a complain whiles witnesses to its enquiry would be conferred with legal immunity for any evidence they give before the Commission. This he said is inviolable according to section 210 of the constitution and does not go beyond setting up a Commission that would ensure impartiality, independence and safe guard the professionalism of the media. The unconstitutional clauses Honourable Sallah described some of the Bill's clauses as totally unconstitutional and challengeable by the Supreme Court. Some of this clause include clause 39, which states that where any provisions of this act shall prevail. This he said is a violation of section 4 of the constitution as the supreme law of The Gambia and any other law of the constitution shall to the extent of the inconsistency be void. He also cited clause 13 (1) which states that only registered personalities will be free to participate as media practitioners. This he said violates the fundamental rights and freedom guaranteed in section 25 (1) of the constitution that Gambians should have the right to freedom of speech and expression, which shall include the freedom of the press and other media. Composition of the Commission Honourable Sallah expressed concern over the impartiality and fairness of the Commission which shall have a chairperson to be appointed by the president, permanent secretary at the Department of State for Information, or his nominee, Director of GRTS, representatives of the Women's Bureau, the executive secretary of the Commission, representative of the GPU, the Supreme Islamic Council, The Gambia Christian Council, The Gambia Bar Association and The Gambia Teachers' Union. According to Honourable Sallah such a Commission would sit down to adjudicate and guide the affairs of free people. Powers, functions of the commission Honourable Sallah also expressed concern over the powers and function of the Commission such as the license and registration of media houses and their practitioners, a wand, which he said could be used to deny some media houses and practitioners the chance to practise. He added that powers to be conferred on the Commission would give authority to people who are going to enforce the law absolute powers of law enforcement, beside them acting as judges and prosecutors. 'Justice dictates that any transgression must have its proportionate retribution. One cannot give blanket retribution to all manners of transgression such as what the Bill is precisely trying to do' he said. Fine and penalty Honourable Sallah also expressed concern over the fines and penalties to be imposed on journalists, which he said could be used to imprison them and close down media houses. He called on his colleagues in the Assembly to ultimately refer the Bill to a select committee to review because he was not convinced whether any member of the GPU, GTU, Christian and Islamic Councils and the Bar Association would accept to be part of such a Commission. On his part the nominated member Fatoumatta Jahumpa-Ceesay who expressed support for the Bill said it was meant to set a regulatory framework for journalists whom she and other APRC members of the National Assembly accused of 'hiding behind journalism to write negative stories about public officials and the government'. She however, said journalists should not be frightened over the Bill, which she said is meant to guarantee their professionalism. On his part Hamat Bah the member for Upper Saloum urged his colleagues not to entertain the Bill because it would result in their embarrassment if challenged in court. 'As we have a responsibility to protect freedom at all times, enacting the Bill would have an adverse effect on the profession of many who have families to be fed" he said, adding that members should not allow pride to overcome their conscience in determining what is right and wrong. He also highlighted some of the constitutional provisions violated by the Bill such as section 25 (19) 33 (1) 207 and 209. Other speakers included, Sidia Jatta of Wuli, who spoke against the bill whilst Kanagie Jawla of Sandu, Fabakary Tombong Jatta of Serrekunda East and Kalipha Kambi of Kiang West spoke in favour of the Bill, which was passed the National Assembly. Meanwhile The Gambia Press Union has set to work against the Bill, which was condemned as draconian, anarchic and therefore unacceptable. During a procession Friday (a day after the Bill was passed) marking International Press Freedom Day journalists from different media houses displayed their intolerance of the Bill. They brandished placards and chanted 'No' to a Bill, which they believe was being introduced to curtail the freedom of the press and the free, unhindered dissemination of information. At the end of the procession the GPU president D.A Jawo said the Bill brought a sense of disappointment, and symbolizes a portent threat to press freedom. For his part Swaebou Conateh of the News and Report said journalists should be conscious of the need to protect their freedom enshrined in the constitution. He said this was being guaranteed as they have a right to information transcending journalism. He said people's freedom should not be restricted as the Media Commission Bill was trying to do. Deyda Hydara, the managing editor of the Point newspaper said The Gambia is facing a new situation, which negates the freedom of journalists, as enshrined in the constitution. _________________________________________________________________ Chat with friends online, try MSN Messenger: http://messenger.msn.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html To contact the List Management, please send an e-mail to: [log in to unmask] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~