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Subject:
From:
Ebrima Ceesay <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Thu, 26 Jul 2001 14:28:55 +0000
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Gambia-L: (writing in a hurry)

I do not have access to the Internet these days, so I'll very brief.

Anyway, my question is this: Why all the jubilation about the lifting of
Degree 89, when there are still endless hurdles to be crossed (under Section
60 of the Constitution) before most of these banned politicians can again
hold public office in The Gambia?

Really, it is important that Gambians should try and get a copy of the new
Constitution and study it.

Now, under Section 60 of the Constitution, the minimum age for the Gambian
presidency is 30 years and the maximum age is 65. So deposed President
Jawara and Assan Musa Camara, both of whom are over 65 years old, have been
ruled out, or will not qualify to run for the presidency. As for Sheriff
Dibba, I do not know his age.

Another provision under the same section says that the candidate for the
presidency must have been resident in The Gambia ordinarily for 5 years.
Again, this will disqualify Jawara since he is living in the UK. Still under
section 60 of the Constitution, all those who have been compulsorily retired
or sacked from their Government jobs cannot also hold public office,
including the presidency of The Gambia.

I stand corrected here, but if I understand it very well, then this
clause/provision will disqualify, say, former Permanent Secretaries Amadou
Taal, Ebou Manneh, Yaya Jallow of the UDP, since all of them were retired
prematurely or compulsorily.

Again, under the same section, all those who were found "liable of
impropriety" by the any of the Commissions of enquiry set up by the AFPRC
Government during the Transition period, cannot also run for the presidency.

Now, at least 10 first generation politicians, including Jawara, were found
"liable of impropriety" by the so-called Public Assets Commission of
Enquiry. In fact, there was an order or a judgment from the Public Assets
Commission, banning former president Jawara, O.J Jallow, Saihou Sabally, M.C
Cham, B.B Dabo and five more PPP ministers from holding public office in The
Gambia, ranging from 5 years to 20 years.

Under this order, Jawara was banned for 20 years from holding public office.
The Public Assets Commission had actually recommended that Jawara be banned
for 5 years, but the AFPRC increased it to 20 years. It was only Hassan
Jallow, now a judge, who received a minimalist of ban - 5 years.

You can therefore see for yourselves that there are still numerous hurdles
to be crossed first, before many of these first generation politicians (or
even civil servants who were retired prematurely) can again hold public
office in The Gambia.

By the way, one of my sources was telling me the other day, that Yankuba
Touray was privately saying to a Cabinet minister, that if O.J Jallow wishes
to contest for the Gambian presidency, then the APRC will challenge it, on
the grounds that O.J. Jallow, at one point, was living and working in East
Timor. In other words, the APRC will argue that O.J has not lived in the
country continuously for the last 5 years, as required by the Constitution.

So, Gambia-L, unless and until these issues are resolved, it is premature to
jubilate or commend Yahya Jammeh for his "generosity" as Jasseh Conteh did
the other day. I am not holding fort for the PPP, but I thought it is
important that these issues come to the fore if we want to consolidate our
(African) democracies.

Again, I advice my fellow Gambians to develop the art of critical
thinking/analysis and avoid being gullible to Gambia Government propaganda.
I also urge all Gambians to try and get a copy of the new Constitution and
familiarize themselves with its provisions.

Ebrima Ceesay

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