Ebrima, let me seize this opportunity to agree with you about the fact that
there is absolutely no cause for jubilation over the repeal of Decree 89 but
let me also hasten to add that it should not have been there in the first
place along with all others that were promulgated since 1994 to this day.
This government has never been legal in the eyes of many Gambians because it
has criminally overthrown a legally constituted government in the name of
false allegations in the face of the world.

While section 60 of the constitution is still in the books, I think our
immediate focus ought to be what strategy to employ to salvage our country
from another five years under yaya Jammeh. Whether it is members of the
previous administration or the current opposition parties, we cannot afford
to put our individual egos above the welfare of our country. I believe it
will be a win win/win situation for old opposition  party leaders such as
Mr. Sheriff M. Dibba, Mr. Assan M. Camara and Alh. Sir Dawda to fully
participate fully in this election but their participation should come in
the form of an endorsement of a single opposition party and campaign for
them around the country.

We can't afford to nourish Yaya's desire of trying to drive a wedge between
the current opposition and the old opposition and government by repealing
Decree 89 barely three months before the election. I hope we will all be
wise and reject this hanky-panky and political skullduggery politics and
elect a democratic govt. in the country where all voices will be listened
to, where human rights and freedom of expression will flourish without fear
of being raided by the NIA and other vigilante groups. We must work towards
cleaning the mess then concentrate on rebuilding our country's reputation
after the elections.

Thanks,
Mori Kebba Jammeh




----- Original Message -----
From: Ebrima Ceesay <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, July 26, 2001 9:28 AM
Subject: Re: Degree 89 is repealed


> 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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>
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Mori

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