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.





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