Issue No. 27/2005, 7-10  April 2005
Editorial
DOES THE ANTI-CORRUPTION UNIT HAVE LEGAL POWERS?

At a swearing in ceremony of four new secretaries of state, President Jammeh announced the establishment of a permanent unit to fight corruption, otherwise known as the Public Accountability and Anti-Corruption Unit (PAACU).

Many readers have been enquiring about the powers of the unit. They fear persecution. They want to know whether the unit may be arresting people and instilling fear.

First of all, according to president Jammeh, the unit would note arrest nor confront anyone but they will take not of what one does as well as the place and time.

Needless to say, the anti-corruption unit is not established by law and given powers to arrest, interrogate, detain or prosecute any person. On matters relating to their employment, civil servants are answerable to their heads of departments and the PSC in accordance with the Public Service Act, the Public service Commission regulations and the General Orders.

On criminal matters, especially white colour crimes, the procedures to follow are outlined in the Public Service Commission Regulations,, but the police or other agents empowered by law have power to arrest any civil servant suspected of committing an offence.

What the president seems to have established is an intelligence unit to spy on civil servants without authority to arrest or interrogate anyone. One wonders whether he has lost confidence in the ability of his intelligence apparatus to gather information. For the benefit of the reader, according to section7 of the constitution the laws of the Gambia include, among others,

(a)        “Acts of the National Assembly made under the constitution and subsidiary legislation made under such Acts”;

(b)        Any Orders, Rules, Regulations or other subsidiary legislation made by a person or authority under a power conferred by this constitution or any other law….”



In short, there is no Act, Regulation, Order, Rule etc., which has established the anti-corruption unit. The unit therefore is without legal foundation to give it teeth to bite.


POLICE CLEAR THE STREETS


By Amie Sanneh

The Inspector General of Police recently issued a press release informing derelict vehicle owners to remove their vehicles on the highway, which he said obstruct the free movement of other vehicles plying the road, and urged others to desist from it.

This has led to the mass evacuation of those derelict vehicles which are still on the highway by police officers which operations started on Tuesday 5th April 2005 along Churchill’s Town and Tallinding Highway.

In an interview with the head of the field delegation, ASP Jarjue of the Mobile Traffic Unit revealed that it their (police) duty to remove any vehicle that is obstructing the highway. He noted that people are in the habit of parking their unwanted vehicles on the highway thereby obstructing free movement of traffic and other vehicles.

“This,” he pointed out, “causes lots of accidents on our road.”

When asked what they are going to do with the vehicles, he pointed out that they are going to tow them and take them to the Bundung Police Station where they will be parked.

Concerning the owners, he said they are going to be taken to court on the charges that will make the act an offence.

He added that all those vehicles which are towed by them (police), the cost incurred will be paid for by the owners.

He noted that the vehicle owners should have a warehouse where they can keep their unwanted vehicles.

The police officers did not only stop at removing vehicles but workmen of various trades including petty traders on the highway. For the workmen or workshop owners, he said that they have been warned at an earlier date and have been given enough time to relocate; that the welders have a garage and should operate from there and not on the highway.

For the petty traders, ASP Jarjue urged them to go and sell at the market, further indicating that it is not even safe to do this type of business on the highway; that fatal accidents can happen at any time.

ASP Jarjue however appealed to the general public especially vehicle owners, to cooperate with them, in order to make their job easier.


COMPLAINTS ON HIGHWAY STRUCTURE


By Surakata Danso

The Permanent Secretary, Department of Works, Infrastructure and Construction, Mr. Lamin Sanneh has accepted that the partition in the centre of the Westfield – Mandinaba dual highway may be an obstruction to the old aged people, the blind, other physically disabled persons and even children. But however Mr. Sanneh was quick to add that it is also intended to prevent frequent accidents, since the said road is a highway where transports and other moving equipment are expected to move fast.

The PS further added that the concerned social groups and individuals are free to go to the Department and raise their concerns and they will be looked into for consideration of their plights.

On the issue of the gutters the PS agreed that due to the sandy condition of most roads in the area where the gutter is effected, there is bound to be deposit of sand and other things in it. Mr. Sanneh however expressed his doubts that this may lead to blockage. He opined that the gutters would need regular cleaning up exercise.

The PS made this disclosure to this reporter in a telephone conversation.

Prior to this, concerns were raised to this paper by some civil society organisations, old aged, visually impaired and disabled persons and parents of young children using the road. The concerned individuals and organisations expressed their unreserved dismay when it comes to crossing from one side of the road to the other side due to the lack of access. They intimated that this is caused by the partition and passers-by have to walk a long distance to cross to the other side of the road. An old man indicated that their problem as a result of the partition is due to their frequent crossing for the five daily prayers and other human necessities. The disabled in wheelchairs and the blind say they are the most affected while parents of small children expressed their concerns over the lack of fly-overs or other protective safety net created on the highway for the safety and protection of lives and properties in the communities in which the highway is.

On the issue of the gutters the concerned community dwellers expressed their fears in two ways. First and foremost, sand blockage leading to over-flooding in the area thereby creating breeding places for mosquitoes, giving way to the increase in Malaria. Secondly, there are no pipes linking the compounds to the gutters for the easy exit of rain water. The concerned groups and individuals called on the Works Department authorities to look into their concerns with a view to addressing them to avert any further future problems of flooding, etc in the area, as have been experienced in the past.



HABIB DRAMMEH AND CLARK BAJO APPEAL AGAINST JUSTICE PAUL’S COMMISSION

In a bid to challenge the findings and decisions of the anti corruption commission set up by President Jammeh to probe past and present civil servants who served the AFPRC/APRC administration, prominent ex-civil servants like Habib Drammeh, former Director of The Gambia Tourism Authority and Clark Bajo, the former Governor of the Central Bank have taken the bull by the horns by filing appeals at the Court of Appeal. The aforementioned appellants are not the only persons challenging the decisions of the Commission.

The most senior judge of the High Court and current vacation judge, Justice Abubacarr Tahirr has started presiding over the appeals. Despite the fact that the High Court is on vacation, prominent lawyers like Amie Bensouda, Ousainou NM Darboe, Amie Joof Conteh, Mariam Denton and others were on Wednesday busy pursuing their clients’ cases. However, the public and the press could not witness the proceedings since it is held in Justice Tahirr’s Chamber.

Lawyers are busy filing appeals throughout this week. Appeal Court judges are supposed to hear the appeals, but Justice Tahirr who is a high court judge is often co-opted to the Appeal Court. This paper has reliably learnt that Chief Justice Alan Brobbey has recently written to the High Court judges informing them that they could be co-opted to the Appeal Court whenever the need arises. Justice Tahirr and Justice Belgoreh have been presiding over Appeal Court matters since the tenure of Chief Justice Ariff.



CHICKEN POX AT KANIFING, NOT AN OUTBREAK?

By Surakata Danso

The Chief Medical officer of the \medical and Health Department, Mr. Njie, has dispelled the claims of concerned parents that the existence of small pox in the Kanifing Estate is endemic and not an outbreak. Mr. Njie opined that chicken pox is a common health problem which is all the time in existence in the communities and that its chances of being a major health problem are slim; that the disease rarely kills. The Chief Nursing Officer adviced parents to help their kids with paracetamol and kalarine lotion when they are infected with chicken pox; that the major health issues that are of major concern to his department today are cholera, malaria, TB etc.

Mr. Njie made this disclosure in his office following a contact by this reporter after some concerned parents within the estate area complained of the persistent existence of chicken pox in the area as n outbreak, since the last school term. The concerned parents further expressed fears that when infected, children may spread the disease when schools reopen. Mr. Njie called on the general public to report all cases of diarrhoea to their nearest health facilities for determination since cholera is being imported by those from the Magal.


PUBLIC ALERTED ABOUT CHOLERA AFTER DEATHS


By Surakata Danso

The Chief Nursing Officer of the Medical and Health Department, Mr. Njie, called on the nation to report all cases of diarrhoea to the nearest health facility of their community. Mr. Njie made this disclosure in an interview with this paper in his office where he asserted that despite a warning by his department against traveling to Tuba for the Magal, because of the dangers of spreading the disease, the warning has been disregarded; that now some people have started coming home with the disease. He indicated that since their arrival, among the cases received so far, there have been two deaths. Mr. Njie further added that among the deaths are one in the Nuimis and the second at Soma. The Chief Nursing Officer further asserted that the death in Soma is of a native of Cassamance who was also crossing the Gambia from Touba.

Mr. Njie finally asked the public to report all cases of diarrhoea to health clinics as soon as they realise it.


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