Hi Mr. Sallah, Thanks for your respond. You mentioned that both constitions
did not have term limit for a sitting president but could you lament on
some other minor differnces which i did not ask?
Actually, i did not have the copy of both constitutions right now so i will
appreciate if you can send phamphlets to me. If original copies are sent, i
will reimburse you with the cost and handling charges.
Thanks
LAMIN PF MANNEH
>From: foroyaa <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: To: Lamin P.F. Manneh
>Date: Tue, 8 Feb 2000 15:18:17 -0000
>
>Lamin,
>
>Thank you for the update. The constitution, which is now in force, is the
>constitution of the Republic. Apparently, this is what has been subjected
>to
>a referendum. The original draft, which was published, is what we have
>produced in small pamphlets. Hence, both texts are available. I do not know
>whether you have a copy of the present constitution. If you do, I can send
>you copies of the pamphlets we produced on the original draft so that you
>can make a comparative analysis.
>
>To address your question as to which one contains the wishes of the people,
>I can only say that the basic provisions of the two are the same.
>
>For example, chapter 1, section 1 indicates that "The Gambia is a Sovereign
>Republic."
>
>Section 19 states that:
>
>"(1) Every person shall have the right to liberty and security of person.
>No
>one shall be subjected to arbitrary arrest or detention. No one shall be
>deprived of his or her liberty except on such grounds and in accordance
>with
>such procedures as are established by law.
>
>"(2) Any person who is arrested or detained shall be informed as soon as is
>reasonably practicable and in any case within three hours, in a language
>that he or she understands, of the reasons for his or her arrest or
>detention and of his or her right to consult a legal practitioner.
>
>"(3) Any person who is arrested or detained -
>
>"(a) for the purpose of bringing him or her before a court in execution of
>the order of a court; or
>
>"(b) upon reasonable suspicion of his or her having committed, or being
>about to commit, a criminal offence under the law of The Gambia,
>
>"and who is not released, shall be brought without undue delay before
>court
>and, in any event, within seventy-two hours.
>
>"(4) Where any person is brought before a court in execution of the order
>of
>a court in any proceedings or upon suspicion of his or her having committed
>or being about to commit an offence, he or she shall not thereafter be
>further held in custody in connection with those proceedings or that
>offence
>save upon the order of a court.
>
>"(5) Of any person arrested or detained as mentioned in subsection (3) (b)
>is not tried within a reasonable time, then without prejudice to any
>further
>proceedings which may be brought against him or her, he or she shall be
>released either unconditionally or upon reasonable conditions, including,
>in
>particular, such conditions as are reasonably necessary to ensure that he
>or
>she appears at a later date for trial or proceedings preliminary to trial.
>
>"(6) Any person who is unlawfully arrested or detained by any other person
>shall be entitled to compensation from that other person or from any other
>person or authority on whose behalf that other person was acting."
>
>Section 26 asserts that:
>
>"Every citizen of The Gambia of full age and capacity shall have the right,
>without unreasonable restrictions-
>
>"(a) to take part in the conduct of public affairs, directly or through
>freely chosen representatives;
>
>"(b) to vote and stand for elections at genuine periodic elections for
>public office, which elections shall be by universal and equal suffrage and
>be held by secret ballot;
>
>"(c) to have access, on general terms of equality, to public service in The
>Gambia."
>
>
>Section 27 states:
>
>"(1) Men and women of full age and capacity shall have the right to marry
>and found a family.
>"(2) Marriage shall be based on the free and full consent of the intended
>parties."
>
>
>Section 28 further indicates that:
>
>"(1) Women shall be accorded full and equal dignity of the person with men.
>"(2) Women shall have the right to equal treatment with men, including
>equal
>opportunities in political, economic and social activities."
>
>
>
>Section 29 proceeds to state:
>
>"(1) Children shall have the right from birth to a name, the right to
>acquire a nationality and, subject to legislation enacted in the best
>interest of children, to know and be cared for by their parents.
>"(2) Children under the age of sixteen years are entitled to be protected
>from economic exploitation and shall not be employed in or required to
>perform work that is likely to be hazardous or to interfere with their
>education or be harmful to their health or physical, mental, spiritual,
>moral or social development.
>"(3) A juvenile offender who is kept in lawful custody shall be kept
>separately from adult offenders."
>
>Section 30 states:
>
>"All persons shall have the right to equal educational opportunities and
>facilities and with a view to achieving the full realisation of that right-
>"(a) basic education shall be free, compulsory and available to all;
>"(b) secondary education, including technical and vocational education,
>shall be made generally available and accessible to all by every
>appropriate
>means, and in particular, by the progressive introduction of free
>education;
>"(c) higher education shall be made equally accessible to all, on the basis
>of capacity, by every appropriate means, and in particular, by progressive
>introduction of free education;
>"(d) functional literacy shall be encouraged or intensified as far as
>possible;
>"(e) the development of a system of schools with adequate facilities at all
>levels shall be actively pursued.
>
>
>Section 31 also indicates:
>
>"(1) The right of the disabled and handicapped to respect and human dignity
>shall be recognised by the State and society.
>"(2) Disabled persons shall be entitled to protection against exploitation
>and to protection against discrimination, in particular as regards access
>to
>health services, education and employment.
>"(3) In any judicial proceedings in which a disabled person is a party, the
>procedure shall take his or her condition into account.
>
>Section 60 states:
>
>"(1) Subject to the provisions of this section, political parties may be
>established to participate in the shaping of the political will of the
>people, to disseminate information of political ideas and on political,
>economic and social programmes of a national character, and to sponsor
>candidates for public elections.
>
>"(2) Subject to the provisions of this section, an Act of the National may
>make provision for the registration and cancelling of registration by the
>Independent Electoral Commission, and the functioning and the operation, of
>political parties, including the prescription of penalties for the failure
>to register by associations which carry out the functions of political
>parties or the carrying out of such functions by associations which have
>been refused registration or the registration of which has been cancelled.
>
>"(3) The number of political parties shall not be limited by law and every
>citizen of The Gambia shall have the right freely to choose whether or not
>he or she will become a member of a political party and which party he or
>she will support.
>
>"(4) No association shall be registered, or remain registered, as a
>political party if
>
>"(a) it is formed or organised on an ethnic, sectional, religious or
>regional basis;
>
>"(b) its internal organisation does not conform to democratic principles;
>or
>
>"(c) its purpose is to subvert this Constitution or the rule of law.
>
>"(5) Every association seeking to be registered as a political party shall
>submit to the Independent Electoral Commission-
>
>"(a) a copy of the association's constitution;
>
>"(b) the association's name and full address and the names and addresses of
>all its officers;
>
>"(c) the full address of its secretariat; and
>
>"(d) the party's emblem, colour, motto or symbol.
>
>
>"(6) A registered political party shall be required-
>
>"(a) at the time of its application for registration, to deliver to the
>Commission a written commitment to encourage the spirit of tolerance and
>multiculturism amongst the inhabitants of The Gambia and to provide its
>members with opportunities to benefit from any government programme of
>civic
>education;
>
>"(b) as occasion may require, to declare to the Commission and the public
>its revenues and assets and the source of its revenue and assets;
>
>"(c) to publish annually its audited accounts and to lodge a copy with the
>Commission.
>
>"(7) A registered political party shall not received any contribution or
>donation to its expenses or otherwise from any person who is not a citizen
>of The Gambia, or from any corporate or unincorporated body.
>
>"(8) Any registered political party that intends to contest any election
>shall deliver to the Commission on or before nomination day a copy of its
>manifesto containing, among other matters, a clear explanation of the
>party's programme for national development."
>
>
>Section 100 states:
>
>"(1) The legislative power of The Gambia shall be exercised by Bills passed
>by the National Assembly and assented to by the President.
>
>"(2) The National Assembly shall have no power to pass a Bill -
>
>"(a) to establish a one party state;
>
>"(b) to establish any religion as a state religion;
>
>"(c) to alter the decision or judgment of a court in any proceedings to the
>prejudice of any party to those proceedings, or deprive any person
>retroactively of vested or acquired rights,
>
>"but subject thereto, the National assembly may pass Bills designed to have
>retroactive effect.
>
>"(3) Where a Bill passed by the National Assembly is presented to the
>President for his or her assent, the President shall, within thirty days,
>assent to the Bill or return it to the National Assembly with the request
>that the National Assembly reconsider the Bill; and if he or she requests
>the National Assembly to reconsider the Bill, the President shall state the
>reasons for the request and any recommendations for amendment of the Bill.
>
>"(4) Where the National Assembly has reconsidered a Bill as so requested in
>accordance with subsection (3) and has resolved by a vote supported by not
>less than two thirds of all the members of the National Assembly that the
>Bill, with or without the amendments recommended by the President, be
>presented again to the President for his or her assent, the President shall
>assent to the Bill within seven days of it being so presented.
>
>"(5) A Bill which has been duly passed by the National Assembly and
>assented
>to by the President shall become law as an Act of the National Assembly and
>the words of enactment shall be "Enacted by the President and the National
>Assembly".
>
>"(6) The President shall cause Acts of the National Assembly to be
>published
>in the Gazette within thirty d ays of assent.
>
>"(7) No Act of the National Assembly shall come into operation until it has
>been published in the Gazette, but the Act or some other Act of the
>National
>Assembly may provide for the postponement of its coming into force.
>
>"(8) Nothing in this section shall prevent an Act of the National Assembly
>from conferring on any person or authority the power to make subsidiary
>legislation."
>
>
>We can go on and on to show the provisions that convey the wishes of the
>people. However, both drafts did not contain a term limit. Both contain the
>indemnity provision.
>
>One of the differences between the original draft and the final one can be
>found in the preamble. If you examine the preamble of the original draft,
>the July 22 coup was not mentioned at all. In the final draft, it is
>mentioned. Even though a preamble is not a part of the provisions of a
>constitution, it is an embodiment of its spirit. It is my opinion that a
>republican constitution should not make any reference to an assault against
>constitutional authority.
>
>So both drafts contain some wishes of the people and elements which vast
>majority of the people may not support. Your question did not raise the
>issue of the minor differences between the two. I do not want to get into
>an
>issue you did not raise.
>
>I am waiting to hear from you.
>
>
>Greetings.
>
>
>Halifa Sallah.
>
>
>
>
>-----Original Message-----
>From: Lamin Manneh PF <[log in to unmask]>
>To: [log in to unmask] <[log in to unmask]>
>Date: Tuesday, February 08, 2000 02:53
>Subject: Re: To: Lamin P.F. Manneh
>
>
> >Halifa,
> > What i was trying to say is that Gambians did not know the content
>of
> >the Redraft constitution because it was released on the eve of the
> >refrendum.
> >Thanks
> >Lamin pf Manneh
>
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