The following article is from FOROYAA issue NO 55/2003 24-27 July, 2003. -------------------------------------------- Bar Association secretary General Chides Daba Marenah & Chief Fafanding Kinteh By Emil Touray Following newspaper reports that Fafanding Kinteh, Chief of Badibbou Gunjur, and Daba Marenah, Commissioner of URD, have detained a PE teacher and fined seventy youths respectively for not heeding to a Presidential decree banning football during the rainy season, the Secretary General of the Gambia Bar Association, Borry Touray, described the action of the aforesaid authorities as unconstitutional and unlawful. Touray stated that people have a right to leisure and that there is no law that deprive them of that natural right for them to be subjected to the will and caprices of a man in a state. "It is unlawful. The statement made by the head of state does not amount to law in this country, because the legislative functions of the, state vests or, lies in the National Assembly. I don't know any Act which the National Assembly has made making it unlawful for people to get involve in sporting activities. In fact it is arresting people and fining them or the commissioner ordering for the detention of any person," Touray remarked. Touray noted that sports have a viable place in our national life and he believes it is for this reason that a ministry of sports is created. He stated that it has been a very long standing culture and a long standing tradition that approaching the rainy season, youths across the country participate in football activities called "Nawettan". Touray stressed that the actions of Daba Marenah and Fafanding Kinteh is high handed and uncalled for. "There has to be clear expressed legislation intended for this purpose, making it an offence so that no one would get involve in sporting activities before any chief could allocate himself such a power. Even that legislation, I submit, would amount to a violation of people's fundamental rights" he posited. Touray pointed out that the Gambia as a nation within the international community has international obligations. He said the Gambia is a party to the African Charter on Human and People's Rights which has given every individual in the African continent the right to leisure. "People own themselves. They are not owned by the head of state. People have freedom to decide what they want to do. Physical health is part of emotional health. It is everybody's choice to train to acquire physical health. A sound mind is a sound body. I believe if parliament has not made it into law, which I believe they cannot make. Quite honestly, it would be a gross abuse of public office for any chief to try to prosecute or convict anybody, particularly over seventy people. This' is quite outrageous," Touray remarked. Touray averred that any decision that goes in excess of authority can be squashed by the High Court. He pointed that the High Court under section 133 of the constitution has the mandate to exercise supervisory jurisdiction over all tribunals and inferior courts, noting the decisions of Daba Marenah and Fafanding Kinteh can be challenged at the High Court where it will be squashed. "With due respect to the head f state he said, whatever you call it, a proclamation, an order, etc, the President hasn't got any such power, just out of his mind alone to stand and say, I have made this an offence: This is not possible in this country. He is not a legislator in this country. He cannot swamoto all by himself," Touray remarked. He stated that there is no custom in this country making "Nawettan" a customary offence. "Even if one tries to argue that such a custom exists, I would, submit further that it is repugnant to natural justice. With equity and conscience, people are free . as individuals," he submitted. Asked what impact the decisions of Marenah and Kinteh will have on the judiciary, Touray pointed out that even though chiefs have judicial functions, they have not been squarely put under the judiciary. He noted that chiefs are working under the local government ministry and not under the Attorney General and SoS for Justice. "If we desire to continue with district tribunals, the chiefs should be brought under the purview of the judiciary, under the management of the Chief Justice. You cannot have people carrying judicial functions answerable to the executive heads within our government. It causes a mockery of our legal system. This has been the concern raised by the Bar Association long before our time," Touray stressed. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~