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Mon, 23 Jan 2006 19:55:19 -0500
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Foroyaa Newspaper Burning Issue
Issue No.5/2006, 23-25 January, 2006
 
Editorial
THE STATE OF THE BAR AND THE BENCH
The information that the members of the bar association have decided to 
boycott the courts and call for the resignation of the Chief Justice is a 
cause for concern. When courts fail to function Justice is blatantly 
denied. Liberty can only be assured if courts deliver speedy and unalloyed 
justice.
History teaches through classics inherited from antiquity that systems of 
justice like that of Draco collapsed when judges delivered justice on the 
basis of the size of the bribes from, or status of, the litigants. 
Republics emerged to replace a monarchical system and the separation of 
the powers of the branches of the state gave birth to a judiciary with 
independent courts vested with judicial powers. Such powers are exercised 
by judges and other holders of judicial office. Such judges and judicial 
officers are supposed to be independent and impartial in the 
administration of law and the dispensation of justice. 
The Gambia is a Republic with a Republican constitution.
Section 24 subsection (1) of the Constitution states that &#147;any court or 
other adjudicating authority established by law for the determination of 
any criminal trial or matter, or for determining the existence or extent 
of any civil right or obligation, shall be independent and impartial&#148;. 
Section 120 subsection (3) states that &#147;In the exercise of their function, 
the courts, the judges and other holders of judicial office shall be 
independent and shall be subject only to this constitution and the law 
and, save as provided in this chapter, shall not be subject to the control 
or direction of any other person or authority&#148;.
The constitution further removed the monarchical posture of judges under 
monarchies and imbued them with democratic and human values. Section 222 
paragraph (8) states without ambiguity that &#147;A public officer who 
exercises judicial functions shall
(a)        maintain order and decorum in judicial proceedings before him 
or her;
(b)        be patient, dignified and courteous to all litigants, 
witnesses, legal practitioners and others in the exercise of such 
functions; and shall require similar conduct from his or her staff and 
others subject to his or her control.&#148; 
In our view, if Republican values are adhered to, the courts shall be able 
to temper justice with courtesy and mercy in order to defend the rights 
and freedoms of all citizens. 
The constitution has given the courts the absolute power to safeguard the 
fundamental rights and freedoms of the citizenry. Section 17(1) states 
that &#147;The fundamental human rights and freedoms enshrined in this chapter 
shall be respected and upheld by all organs of the Executive and its 
agencies, the legislature and where applicable to them, by all natural and 
legal persons in the Gambia, and shall be enforceable by the courts in 
accordance with this constitution&#148;.  Why didn&#146;t the constitution oblige 
the Judiciary to respect rights and freedom but goes to give the Courts 
enforcement powers?  It takes for granted the Courts are organs of justice 
and fairplay. 
The courts are to enforce the fundamental human rights and freedom of the 
citizenry. The courts are therefore the guardian of rights, freedom and 
justice in the Gambia.
Hence judicial officers whose hearts are filled with love for freedom and 
justice and respect for law would be patient, dignified and courteous in 
the exercise of their functions as required by the code of conduct for 
judicial officers. Such persons will always serve as wise guides to 
litigants so that the truth is known, justice is done and is also seen to 
be done. We hope that instead of confrontation between bench and bar the 
Chief Justice will organise a colloquium between bar and bench to promote 
a respectable relationship that enables the spring of justice to give 
fresh life to our withering democracy. All Gambians are waiting 
expectantly for the judiciary that is envisaged by the Republican 
Constitution. All judicial officers are duty bound to heed the call of the 
people for liberty and justice. We hope they will answer to this clarion 
call. 
Africa became independent to enable African leaders, legislators and 
judges to deliver the people from oppression and misery. History shall 
judge each person in position of authority regarding the way they fulfill 
their historical mandate. The future will deliver the verdict. 
 
ANTOUMAN GAYE JAILED PAUL AND DARBOE CLASH
When the case was called on Thursday, the Acting Director of Public 
Prosecutions, Emmanuel Fagbenle, announced his appearance for the State 
while Mr. Darboe announced his appearance for the respondent.
Mr. Darboe told the Court that they had filed a motion to have the state&#146;s 
motion struck out or dismissed. He said it is a preliminary issue that 
should be determined before arguments commence on the miscellaneous 
application.
Fagbenle applied to the Court to serve him a copy of the motion that was 
filed by the respondents. His application was granted. He noted that the 
motion filed by the respondents is to delay the motion dated the 13th of 
January 2006 that was filed by the State. He urged the Court to dismiss 
Darboe&#146;s application.
&#147;Alternatively, I would submit that the content of the motion itself is an 
answer to our affidavit,&#148; Fagbenle remarked. 
Darboe replied thus: &#147;He is raising a preliminary objection on the content 
of the motion. Preliminary objection should be on points of law which are 
evident on the face of the document. If this motion is incompetent, it has 
to be on some grounds of law, and obviously the content of the motion 
which he says are answers to their motion are certainly matters of fact 
and not matters of law. I therefore object to that line of argument.&#148;
Justice Paul at this juncture told Darboe that Fagbenle did not say that 
the motion is an answer to an affidavit. In his reply, Darboe told the 
Judge that motions are not answers to anything.
Justice Paul then said &#147;if you say motions are not answers to anything, 
then allow him to say what he wants to say, so you are therefore 
overruled.&#148;
&#147;The practice of the Court has always been to consolidate the motions 
together as a response. I would urge this court to follow that same 
procedure and treat this motion dated the 18th of January and filed on the 
19th of January 2006 as an answer to our motion dated the 13th of January 
2006 so that the two of them can be joined together,&#148; Fagbenle remarked.
Darboe replied, &#147;This is not an objection on points of law. If an 
objection on points of law has to be raised, the objector must cite a law. 
The Court of Appeal says you cannot descend from points of law to facts.
Justice Paul betted in, &#147;Say what you want to say and I overrule you.&#148;
Darboe remarked, &#147;I am not pleased with the way you are treating me.&#148;
Mr. Darboe pointed out that the argument advanced by Fagbenle that the 
State&#146;s motion was filed on the 13th of January and the motion of the 
respondent was filed on the 19th of January 2006 is indication of the 
desire on the part of the respondents to delay the case is not a valid 
ground on points of law. Mr. Darboe relied on the case of Kabo Airline 
versus the Sheriff Division of the High Court to support his argument. He 
also relied on the Alghali rule to support his line of argument. He 
concluded his argument by urging the Court to reject the state&#146;s 
application.
Fagbenle said, &#147;the court has the final say on whether or not to 
consolidate them.&#148;
Justice Paul then ruled in favour of the State.
Darboe later applied to the Court to stay the proceedings of the matter 
pending the determination of the appeal he wants to file at the Court of 
Appeal. Justice Paul at this juncture over ruled his application. Justice 
Paul urged Fagbenle to start his argument on the miscellaneous 
application. At this juncture, Darboe said he wants to make a submission 
and later Fagbenle can start his argument. 
&#147;Twice the court&#146;s hands are being twisted. If you are not satisfied, 
allow the state to move their notion,&#148; Justice Paul remarked.
Darboe replied, certainly we will proceed with the motion, but let the 
court allow me to make my application.
Justice Paul responded, &#147;Mr. Darboe, the court is addressing you. The 
Court directs that the Acting DPP move their motion without any further 
delay.&#148;
Justice Paul went on to say: &#147;You cannot abuse the authority of the court. 
I&#146;m saying you should take your seat.
At this juncture Mr. Darboe called Antouman Gaye and spoke to him.
Darboe said, I want to withdraw my representation for the respondent.
Justice Paul ranted, &#147;Sit down!&#148; Darboe said, &#147;I want to withdraw my 
representation for the respondent.&#148;
Justice Paul ranted again, &#147;Sit down!&#148; Mr. Darboe packed his books and 
walked out of the courtroom.
While Mr. Darboe was going out, Justice Paul exclaimed, &#147;Sit down. You 
cannot walk out of Justice Paul&#146;s court. You are risking something. You 
don&#146;t know the consequences of what you are doing. It is unacceptable. 
This is rudeness.
The confrontation happened barely an hour before Mr. Gaye was sentenced by 
the High Court judge.
In his submission, Fagbenle told the Court that Mr. Gaye was the surety of 
Alexandra Beck (of the Management Service Group). He said Beck who was 
charged with tax evasion, later absconded. He said Gaye was brought to 
Court and he was asked to pay three million dalasis, but when he appealed 
the judgment, the Court of Appeal asked him to pay one million and five 
hundred thousand dalasis. He said Gaye paid five hundred thousand dalasis 
and later filed an appeal. He said Gaye never paid the balance or 
prosecute the case. He said in the circumstances of the case, the Court 
should look at section 104 of the criminal procedure code as the only 
remedy.
Justice Paul later asked Gaye why the Sheriff Division of the High Court 
could not sell his properties. Mr. Gaye said the Sheriff Division of the 
Court could not execute because of an Appeal he filed at the Court of 
Appeal.
Gaye remarked, &#147;I will also with due respect apply for a leave in order to 
file an affidavit in opposition to the motion that is argued. I was in 
Court when your lordship said it is a fair Court and I think your lordship 
will be willing to hear the other side before coming to a determination of 
this matter. We will argue on points of law and facts, and the principle 
of fair hearing. I have no doubt in mind that the case as put forward by 
the State, has a lot of errors and omissions which your lordship will see 
if we are allowed to file certain documents and reply. As a litigant in 
person, I make this application.&#148;
In his ruling, Justice Paul said he is satisfied that the respondent has 
the notice of the application made by the state, therefore his prayer is 
accordingly denied. He concluded by stating that the respondent is bound 
to pay the one million dalasis debt, plus interest at the rate of 4% which 
amounts to four hundred and twenty thousand dalasis and one thousand 
dalasis as cost; and be committed to a jail term of three months.
Most of the female lawyers were in tears after the ruling was delivered. 
He was taken to Mile Two Central Prisons by plain clothes officers.
The one million, four hundred and twenty one thousand dalasis has already 
been paid. A protest letter is attached to the Standard Chartered Bank 
Cheque that is issued by Antouman Gaye. The cheque is paid to the Master 
of the High Court. Judicial sources have it that the cheque has already 
been received by the master. 
Ousainou NM Darboe has filed an Appeal at the Court. An application for 
bail may be heard today.
 
BAR DEMAND&#146;S CJ&#146;S RESIGNATION
The Gambia Bar Association under the leadership of Musa Bitaye, has urged 
the Chief Justice, Steven Allan Brobbey to resign. The Association also 
pointed out that it will continue its boycott of Justice Paul&#146;s Court. 
Below is the press release that issued by the Bar and Signed by its 
President, Musa Bittaye
The Gambia Bar Association is constrained to inform the general public and 
our development partners that it can no longer stand idle or appear to 
condone the unprecedented breakdown in the judiciary of The Gambia, 
without registering its protest with the appropriate quarters and without 
taking immediately what it considers to be appropriate action.
It is now common knowledge that the present Chief Justice of The Gambian
judiciary is unfortunately partial in the way he assigns sensitive cases 
to the courts. We are witnesses to the fact that while MR. Justice Paul 
was on leave he was recalled to sit on a particular criminal matter 
despite the fact that equally competent judges were on duty to handle the 
case. Most recently, a Miscellaneous Application (civil matter) found its 
way into the Court of MR. Justice Paul who is not the Judge normally 
responsible for dealing with such matters. In both cases, the bar, the 
public and the poor victims awaited a forgone and unfortunate conclusion.
In addition, the Chief Justice has folded his arms in the new wave of 
government&#146;s failure to respect court injunctions staying the execution of 
some of the recommendations and orders of the Justice Paul Commission of 
Inquiry on the Assets and Properties of Public Officials, and most 
recently the court orders made in respect of the Mayors of Banjul and 
Kanifing, among others.
In the whole history of The Gambian judiciary, the Bar has never witnessed 
such a dangerous tendency toward a serious break down in the 
administration of justice at all levels. The failure of the Chief Justice 
to take proper charge of the judiciary has forced The Gambia Bar 
Association to call for his immediate resignation.
The Gambia Bar Association in protest, and to demonstrate its grave 
concern will not appear in the High Court between Monday the 23rd day of 
January, 2006 to Friday, the 27th of January, 2006, both days inclusive.
The Gambia Bar Association will continue the boycott of the Court of Mr. 
Justice Paul as well as any court or tribunal in which he may preside 
alone or with others, since he has not been exonerated by constitutional 
process before the National Assembly, which is the only authority with 
jurisdiction to pronounce that MR. Justice Paul has satisfactorily 
answered the allegations that he is unfit to continue to sit as a Judge.
The Gambia Bar Association and indeed the discerning public fully realise 
that the issue at stake is whether or not the courts are subject to the 
direction and control of any other body, authority, or person than the 
rule of law, equity and justice.
The Gambia Bar Association urges the Attorney General and Secretary of 
State for Justice to ensure that the Government and its agencies respect 
and comply with Court Orders and ensuring the end to impunity.
On this issue all concerned are assured that The Gambia Bar Association 
knows where its duty lies and it will guard and perform it at all costs.
 
INTERVIEW WITH HALIFA SALLAH: 
(PART6)
Foroyaa: Can you give us an idea of what the two novels entail? 
Halifa: The cracks of dawn came in mind during the early hours of the 
morning when I looked outside the window of my maximum security cell and 
saw a lizard trying to find food from the crack on the wall surrounding 
the prison. How can life be derived from cracks on a dry wall? This gives 
a real meaning to the notion that in the midst of adversity one must look 
for a crack of light at the end of the tunnel. The novel will go to convey 
scenes on how liberty can be put in chains and then finally show why one 
should believe that behind every dark cloud the golden sunlight is waiting 
to shine.
Foroyaa: What about the Voices Behind the Wall?
Halifa: The novel &#147;The Voices Behind the Wall&#148; seeks to capture the 
seemingly imaginary voices of prisoners. It is amazing how people sent to 
prison for one reason or another could develop a sense of community that 
surpassed the communities left behind. The whole setting for &#147;Voices 
behind the wall&#148; developed when I heard a young Nigerian detainee crying 
out to his lord all night for salvation. He has been detained for 2 years 
without judgment. The Chief Justice and the Secretary of State or Interior 
need to visit the prisons and check the number of prisoners who have been 
there for years without their cases being heard or judgment being passed. 
The voices behind the wall speak with the voice of silence. One can read 
the mind of those sentenced to death who display a spirit of sharing that 
defies all notion of a murder convict. It amplifies the aspirations of 
those who were almost becoming eventually ill and are no longer capable of 
maintaining proper sanitation. It reflects the spiritual devotion of those 
who master the Quran or Bible in prison as well as the intellectual 
devotion of those who yearn for libraries, correspondence courses, skilled 
centres, canteens, occupational preparation and so on. Voices behind the 
wall are voices from prison reform and its transformation into 
correctional institution rather than a punitive or penal one. It presents 
prisoners as human beings whose lives are in transition and who are 
entitled to fundamental rights and freedom other than the deprivation of 
their liberty due to their imprisonment.
Foroyaa: What effect did the detention have on you?
Halifa: The experienced has enriched my conscience for social justice. 
There is need to review the social value of long custodial sentence. There 
is a general view that deterrence to certain crimes will be enhanced by 
increasing the term of imprisonment. This requires sociological research. 
The Department of State for Interior needs to do a research on the lives 
of those who are serving long prison sentences. Some are likely to spend 
the best part of their youth in prison only to come out to be social 
misfits. Society must find alternatives to custodial sentences such as 
community service programmes to give the convict social conscience and 
enable him/her to live a productive and contributive life.
Furthermore, the state should examine the logic of remanding those who 
have not been charged or tried in the isolation cells of maximum security 
prisons. This serves to harden people who otherwise would raise much 
national concern for those people have supply reported to court after 
receiving police bail. 
Foroyaa: What is the way forward between government and opposition?
Halifa: I strongly call on the APRC leadership to contact the IEC and give 
them assurance that its representatives will sign and implement the 
Memorandum of Understanding prepared under the auspices of the 
Commonwealth. This is the way forward if we desire peace and tranquility 
in our country.
One day or the other opposition and government must close the chapter of 
confrontation and open up the chapter of peaceful coexistence in 
diversity. Power does not belong to government or opposition. It belongs 
to the people. Both government and opposition should do what will enable 
our people to gain liberty dignity and prosperity. None should desire to 
preside over a government that will increase the poverty, oppression and 
unhappiness of our people.  This is the verdict of the sovereign people of 
the Gambia and it is incontrovertible. 
Foroyaa:  Finally, we have gathered that you were nominated to be flag 
bearer for NADD but that you had asked for the nomination to be withdrawn; 
can you explain what is going on?
Halifa:    There is popular demand for NADD to select its standard 
bearer/flag bearer.  The method of selection is spelt out in the MOU.  The 
most desirable method is selection through consensus building; the second 
method is to rely on voting by party supporters on the basis of equal 
representation.  In my view, the consensus principle requires mutual 
consultation among the members of the executive until a candidate 
acceptable to all is found. It should not be based on lobbing, party 
consideration or factional approaches.  The Memorandum of Understanding is 
very clear.  The NADD presidential candidate will undertake commitment 
neither to seek a record mandate immediately after serving for five years 
nor supporter another party or candidate in the next following election. 
This calls for impartially and neutrality.  If this is the case, then the 
best method of selection is mutual consultation rather than parties 
putting up their own candidates and lobbying other parties to support 
them.  NADD was created to enable us to rise above individual party 
loyalties and assist us to establish a united front that will be also led 
by a presidential candidate whom all executive members could trust.  Such 
a candidate must be capable of maintaining unity among the leadership, and 
among the supporters of the different parties, inspire trust in the 
country to attract the support of the non party voters or those who 
support the ruling party.  The members of the executive should enter into 
dialogue to look for a unifying figure to be the caretaker of the 
transition process.
Foroyaa:  If you withdraw from party nomination how will you be selected?
Halifa:  I was made a Coordinator by people I did not share party 
affiliation with.  At this moment I will resign as Coordinator if any 
member of the executive expresses opposition to my holding of the post.  
This gives me integrity.  In the same vein I will never seek the mandate 
to be NADD flag bearer nor will I ever accept the office unless it is 
unanimously agreed to offer it to me.  I am not interested in offices.  I 
simply want to serve in any capacity that can promote the people&#146;s 
interest.
Foroyaa:  The postponement of the rally in Brikama, the repeated promises 
are beginning to force people to raise questions regarding the ability of 
the NADD leadership to come to a decision. 
Halifa:  Contradictions are inherent in all things.  Developments come 
through struggle.  The members of the NADD leadership are confronting each 
other and each of them is being confronted. What is best for this nation 
or what is second best must emerge.  What is important is that the process 
is taking place.  The outcome is just a matter of time.  It is then that 
we can pass judgment on the process and NADD itself.  At the moment each 
should play a part to resolve the question rather then lament or raise 
alarm.
The End
 
 
MAIMUNA TAAL&#146;S FATE HANGS IN THE BALANCE
The fate of the former Directress Gambia Civil Aviation, Maimuna Taal is 
hanging in the balance following the decision of the Bar Association to 
continue its boycott of Justice Paul&#146;s Court.
Maimuna Taal who pleaded not guilty to six counts of economic crimes 
preferred against her by the State, appeared before Justice Paul on 
Thursday. The case of the Former Civil Aviation Director General was 
called barely a minute after Lawyer Antouman Gaye was convicted and 
sentenced to a jail term of three months by Justice Paul. Taal told 
Justice Paul that she is yet to have a Lawyer. In his intervention, State 
counsel, Emmanuel Fagbenle, told the Court that he got the file pertaining 
to the case later Wednesday. He noted that he wanted the Court to give him 
time. At this juncture, Justice Paul decided to adjourn the matter till 
Thursday (the 26th of January 2006). 
Taal at this juncture urged the Court to give her enough time to look for 
a Lawyer. She said she has spoken to a lot of Lawyers, but they are 
reluctant to represent her.
Justice Paul remarked, &#147;You have all the time to get a Lawyer. With or 
without a Lawyer, the case will proceed.&#148;
In a separate development, the Mayor of the Kanifing Municipal Council, 
Abdoulie Conteh, is charged with economic crimes. One of the counsels for 
Conteh, told Foroyaa that their client is charged with issues relating to 
the charges that are dismissed by Justice Haddy Roche. Judicial sources 
have it that Conteh&#146;s case has been assigned to Justice M.A Paul, but this 
could not be independently confirmed.
 
AT THE NATIONAL ASSEMBLY
SIDIA ON THE BUDGET SPEECH
Continuation:
Historically it was established to design curricula not only for primary 
or lower basic schools but even for senior secondary schools. They cannot 
grapple with the problem of designing a curriculum for the lower basic 
schools up till now. Go and look at the materials that are in our lower 
basic schools. A curriculum centre, they call it, does not have the 
capacity to do this. Therefore, we still have a problem with our system, a 
system which is fundamentally to do with a curriculum or curricula. And of 
course the Minority Leader, Halifa Sallah, pointed it out, the issue of 
relevance. You see, we are all parents and I think anybody who is 
interested on what I have said here, you go back home and just try to find 
out from your children&#146;s reading materials and look at them again. In 
fact, some of them do not have it because this system of renting, that is, 
when you are at school you use the textbook at school and leave it there. 
And if you don&#146;t have money to buy, it means you can only see and use a 
textbook when you are at school. And not anybody has access to those 
textbooks. Sometimes you have four or five pupils using the same textbook. 
So when you talk of quality, all that counts! How accessible are those 
materials to the children and how relevant are they! All these combined is 
making the output of our system terribly bad.
And then of course no teachers! Somebody has said that in his constituency 
there are no teachers. That&#146;s everywhere in The Gambia! There are no 
teachers! In Nyakoi, in the constituency I represent, you have a school 
which is two-in-one. You have the Upper Basic School and the Senior 
Secondary School. The Upper Basic School does not have teachers let alone 
the Senior Secondary School. So the two schools are run concurrently by 
the same teachers. They had their first Grade 12 examination last year but 
the results are terrible. So I am not very happy with the proliferation of 
schools, either lower basic, upper basic or senior secondary schools. I am 
not happy. I was once a teacher! There are schools everywhere but there is 
no learning taking place in them because there are no teachers and where 
there are few teachers, there are no materials. So I think what the Member 
for Jimara has said is right. What we have already is too much. Almost 
like the first Republic for political reasons villagers would just decide 
to build a school and they would support it, but in the final analysis no 
teacher. I think this is something we must look at. It is not just enough 
to build schools everywhere because the more schools you have, the more 
difficult you are making it for any school to have a particular catchment 
area. Because if two schools are using the same catchment area, in the 
long run they would be faced with the problem of low enrolment. If you go 
to Sutukoba now, they have less than 50 students because all the catchment 
areas are now been occupied by other lower basic schools. So that is not 
anything to go by.
On Health
Health, paragraph 67 of the Budget Speech! Yes, some who spoke before me 
where very happy that there are many hospitals everywhere. I am not at all 
happy with the manner hospitals are been proliferated throughout the 
country. I am not happy. Imagine Mr. Speaker that we have only one 
hospital in the whole of URD; that hospital is even inferior to a major 
health centre. You said it here Mr. Majority Leader that there is no drug 
there. Somebody said that there is only one doctor there. Not only that 
there is only one doctor; even if there ten doctors, there is nothing 
there! I have been there many times. No drugs! Some people&#146;s homes have 
more drugs than Bansang Hospital. It is true!
Minority Leader, Churchill Baldeh interjected: Point of Order
Speaker: What is your point of order?
Churchill: I didn&#146;t say that there wasn&#146;t a doctor; I said we lack people 
who can operate on major causes.
Speaker: It was the Member for Basse who said so.
Member for Basse, Sellu Bah: I said so and I have my proof because many 
people are been referred from URD to Bansang.
Churchill butted in: I want to clarify the misunderstanding that there are 
no drugs in Bansang. It is not true! It is not true because I know there 
are drugs in Bansang.
NAMs chorus: How do you know? What is your proof?
Sidia: Mr. Speaker, I am not saying anything here out of just talk. I have 
been to Bansang many times.  
The trend in the developing world is not the establishment of hospitals 
everywhere. The trend is establishing solid, well equipped major health 
centres and few solid referral hospitals, well equipped. You have the 
Riyal Victoria Teaching Hospital in our context. What is in that hospital, 
that hospital which has been there before I was born? What is there? What 
we need which I think should be taken seriously is solid referral 
hospitals and solid major health centres to ease the burden on hospitals. 
That is what we require and that is what we can manage. Mr. Speaker, we 
can train well qualified nurses and midwives here. We can train CHNs, SRNs 
and midwives, solid ones here who can run our major health centres. And 
then we should make efforts to establish few referral hospitals, well 
equipped referral hospitals! Mr. speaker, our tragedy is when you are sick 
and go to the RVTH, the board meets and decides that you cannot be treated 
there, full stop. That&#146;s the end of it. If you don&#146;t have money, you are 
done for. I have seen patients and there are still those types of patients 
here whose ailments have been decided that they cannot be treated here, 
full stop. And they are at home, they have no money. Sometimes they write 
about them in newspapers asking for donors to help them, children as well 
as adults. Some of those people live and die here. I know many of them. 
They eventually died because they could not afford to go to Europe or 
anywhere else for treatment. Even that alone can kill. So what we need 
today are referral hospitals where almost every case can be treated.
To be continued
 
 
Mayor Jeng, Man Of The Year
Mr. Pa Sallah Jeng, the suspended Mayor of Banjul who was recently 
restored to his position by a High Court order, has been named &#147;Man of the 
Year 2005&#148; by &#147;The Gambia News and Report&#148; Weekly Magazine. In a letter 
conveying the news to Mayor Jeng, Mr. Swaebou Conateh of the Dippakunda 
based Gambia Communication Agency and Baroueli Enterprises, the publishers 
of &#147;The News and Report,&#148; states that Pa Sallah Jeng&#146;s selection was based 
on the conviction that his case &#147;l...illustrates possibilities for the 
individual citizen who cares enough about his rights under a democratic 
dispensation and points to the importance of individual strength of 
character and high principles in the face of all adversities.
&#147;2. You have shown, by your conduct and example, a high level of self-
restraint, personal discipline, forbearance and modesty especially in the 
face of accusations against you culminating in the steps council members 
embarked upon to have the SoS for Local Government suspend you from office 
and set up a task force to enquire into your administration of the Office 
of Mayor of Banjul.
&#147;3. By so doing, you have reserved to yourself respect and admiration 
which won to your side the unreserved applause of many Gambians when you 
were legally recalled to your post as Mayor of Banjul.
&#147;Since we believe that, like some other prominent leaders of the past, 
your story will remain for all Gambians an important example of good 
leadership to serve as a point of reference in terms of civic 
responsibility and service to the nation, and in the pursuit of individual 
rights as enshrined in our constitution, we take this opportunity to 
salute you for what you have been able to achieve in the annals of our 
country&#146;s history. We know your courage, steadfastness and highly 
commendable principled stand in the face of all adversities are bound to 
remain a source of inspiration and exemplary conduct to our citizens now 
and generations unborn.
The letter also tells Mr. Jeng of:
&#147;1) Your singular and exemplary achievements as an ordinary citizen who, 
imbued with a high sense of national service and devotion to civic 
responsibility, successfully contested as an independent candidate the 
2000 mayoral election for Banjul, despite formidable odds.
&#147; 2) The leadership and administrative skills you have manifested in 
running the office of Mayor of Banjul with dignity, and in successfully 
implementing under adverse conditions imaginative and feasible policies 
aimed at increased revenue generation to fully meet the municipality&#146;s 
budgetary requirements for both recurrent and capital expenditure.
&#147; 3) Above all, the courage, determination and commitment you have shown 
in dealing with the problems of working with a council comprising a 
majority of members belonging to opposing parties. This is best 
exemplified recently by the way and manner in which you successfully 
challenged in the High Court, the procedure and the basis used by the 
Secretary of State for Local Government and Lands to suspend you from 
office.
&#147;As the High Court declared subsequently, your suspension as Mayor of 
Banjul by the
 
Secretary of State for Local Government and Lands &#147;is null and void,&#148; and 
contrary to the Local Government Act 2002 as amended. The Court further 
made an order directing the Secretary of State to reinstate you as Mayor 
of Banjul, and to prohibit him from interference with your Office as Mayor.
The letter ends by telling Mr. Jeng that the management of &#147;The Gambia 
News And Report&#148; weekly magazine being thus satisfied that he has met the 
requirements to be designated the magazine&#146;s &#147;Man of the Year 2005,&#148; 
congratulates him &#147;most heartily on your selection and designation.
&#145;&#146;The Gambia News and Report&#148; magazine, which started publication as a 
monthly in 1992, has since June 1996 been published weekly. The magazine&#146;s 
editor and publisher is Swaebou Conateh who is also the Managing Director 
of the publishing company, The Gambia Communication Agency and Baroueli 
Enterprises.
            The criteria for selecting &#147;Man of the Year,&#148; as explained by 
the letter, is based on the following considerations:
1). The person selected must be someone who, through his/her work, 
profession or personal endeavour, is judged to have contributed the most 
to the public welfare and to advancing the country&#146;s development in the 
interest of all Gambians.
            2). He or she must have contributed significantly in enhancing 
in a direct and tangible form, the social and economic status of Gambians 
as a whole.
            3). He or she would have put in place for posterity facilities 
and or infrastructures and other achievements that can serve as a lasting 
memorial of his/her contributions to national development.
Previous Man or Gambian of The Year named by the paper were Amadou Samba, 
Pa Sallah Jagne, Dr. Ebrima Samba, Dr. Lenrie Peters, Lamin Waa Juwara, 
Isatou Njie Saidy, Bye Lamin Jobe, Mrs. Harriet Ndow, Imam Karamo Touray, 
Hassan Jallow, Ousman B. Conateh (Fisko), Muhammed Jah, Deyda Hydara.


------- End of forwarded message -------

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