FOROYAA BURNING ISSUES NO: 6/2003 20 - 22 January, 2003
CONTENTS
* The Price Of Monopoly Of Hajj Flight
* Ownership of AMRC Land In Dispute
* The People Propose And The Monarch Disposes - Utter Disregard For
The Local Government Act
* Dumo Saho And Co Application For Bail/Discharge Rejected
* Three Accused Of Printing Fake US Dollars
* NAMs' Reaction To The Budget Speech
* Ownership of AMRC Land In Dispute
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Editorial
The Price Of Monopoly Of Hajj Flight
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The government claims to be operating a liberal economy where competition
is encouraged among companies. It claims that the private sector is the
engine of growth. However contrary to its declared aims it has established
a monopoly over Hajj flights under the pretext that it will run the
exercise more efficiently and effectively than other travel agencies.
After many promises of successful management of this year's Hajj, pilgrims
to Mecca are still unable to get their flights confirmed for the prescribed
dated. There are frequent public notices asking them to listen to the media
for announcement as to when they should go to the airport to board their
airplanes.
The government must not be allowed to take people for a ride. They should
explain what is responsible for the delay. They are not making the flights
cheaper. People are meeting the fullest cost. They deserve equivalent
services.
It is necessary for the travel agencies which can provide better services
to raise their voices and demand an end to the monopoly.
Public enterprises can only have merit if they give the public cheaper and
more efficient services than the private enterprises. This must be shown
through competition with those private enterprises not through monopoly.
History has shown that companies which depend on the power of the state to
exist only end up being inefficient, complacent and corrupt. Such companies
do not ease the suffering of the people, on the contrary, they simply
increase it.
To prevent the maladministration of public enterprises they must be put on
a proper management footing to legitimize themselves by efficient and
effective services.
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The People Propose And The Monarch Disposes
Utter Disregard For The Local Government Act
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A lot has been said about decentralisation, a lot of workshops have been
held but actions on the ground by the government betrays it's real
interest, which is to have the local government authorities firmly within
it's clutches, the latest incident being the suspension of the elected
chairperson of Brikama Area Council, Dr. Jassey. The design of the
constitution is very clear. It wants the councils to be autonomous. It
stipulates in section 193(1):
"Local Government administration in The Gambia shall be based on a system
of democratically elected councils with a high degree of local autonomy."
Hence what the government should be giving more thought to is how to
facilitate the process of devolution, how to help the councils to build up
to take up certain functions. Section 49(1) of the Local Government Act
states:
"A Secretary of State responsible for any other Department of State may,
after consultation with the Secretary of State, devolve functions, services
and powers vested in that Department of State to a Council."
Sub section (2) of the same section states:
" A devolution under subsection (1) of this section shall not be affected
unless
(a) the Government and the Council are in agreement;
(b) adequate human, financial and material resources are made available
for the performance of the functions., provision of the services and the
exercise of the powers, so developed; and
(c) appropriate measures are taken to bring the change to the attention
of the public."
Subsequent to the publication in newspapers that the chairperson of the
Brikama Area Council has been suspended, GRTS announced that the office of
the chairperson of that council has been closed pending investigation. The
announcement did not disclose who issued the statement nor who closed the
office. We got in touch with the Department of State for Local Government
and Lands but we were informed the Secretary of State was then at the State
House while the Permanent Secretary was on leave.
We investigated what had happened at the council and we are reliably
informed that a letter from the Department of State for Local Government
and Lands has directed the suspension of Dr. Jassey as Chairperson of the
Brikama Area Council.
A review of the Act reveals that there is no provision for suspension of
the chairperson. As far as the chairperson is concerned there are only
provisions for removal by the council itself and for revocation by the
electorate.
The Secretary of State for Local Government and Lands has no authority to
remove or suspend the chairperson of the council. Its mandate is limited to
monitoring, coordinating, advising and assisting council in the provision
of technical assistance.
Section 149 of the Local Government Act states:
"The Department of State shall-
(a) monitor and co-ordinate Central Government initiatives and policies
as they apply to Local Government and ensure harmonisation;
(b) co-ordinate and advise persons and organisations, in relation to
projects involving direct relations with Local Governments; and
(c) assist in the provision of technical assistance to Local Government
Authorities."
The question now arises: what can the Secretary of State do if a council
acts improperly. Section 151 subsection (1) states:
"Where on receipt of a report on a Council, the Secretary of State is
satisfied that a duty or power of a Council is being performed or exercised
in an improper, unlawful or inefficient manner, the Secretary of State may,
in respect of that duty or power, cause a meeting of the council to be
called and point out the irregularities found and give the Council any
guidance necessary."
Give guidance, that's all!
And if the matter is serious, what can he do?
Subsection (2) stipulates:
"Where the Secretary of State considers that the matter is of a grave
nature, the Secretary of State may institute a commission of inquiry to
look into the matter."
What if the commission finds that an offence has been committed?
Subsection (3) of section 151 states:
"Where the findings of a commission of inquiry under this section disclose
an offence may have been committed, the Secretary of State shall refer the
matter to the President for appropriate action."
That's all, simply refer the matter to the President. Note that even these
provisions relate only to the council not the chairperson.
What power does the President have relating to the chairperson? There are
no such provisions. What about the council?
According to subsection(1) of section 152:
"The President may, with the approval of a simple majority of the votes of
all the members of the National Assembly, assume the executive powers of
any Local Government Area in any of the following circumstances-
(a) where the council so request and it is in the public interest to do;
(b) where it has become extremely difficult or impossible for a Council
to function."
In short, the President may assume the executive powers of the Council upon
request by the Council or when it is extremely difficult or impossible for
the council to function. And this requires the approval of the National
Assembly Under what other condition can he exercise the executive powers of
a council?
Section 152 subsection(2) states:
"The President may assume the executive powers of a Local Government Area
where a state of emergency has been declared in that Area or any part
thereof or in The Gambia generally."
Furthermore section 152 subsection (3) states:
"The exercise by the President of the power conferred by this section may
be done through such person or officer as the President may appoint and the
legislative functions shall be exercised by Statutory Instruments."
According to subsection (4):
"Unless approved by the National Assembly for a longer term, the exercise
by the President of the power conferred by this section shall be for a
period not exceeding ninety days."
Who then can remove the chairperson from office? According to section 20
subsection (1): "Subject to subsection (2), a Chairperson may be removed
from office by a Council by resolution supported by two-thirds of all the
members of the Council on any of the following grounds -
(a) abuse of office;
(b) corruption;
(c) misconduct; or
(d) such physical or mental incapacity as would render him or her
incapable of discharging the duties of the office."
However in removing the chairperson from office certain proceedings must be
pursued as elaborated in section 20.
Section 20(2) states:
"For the purpose of removing the Chairperson under subsection (1) of the
section, a notice in writing signed by not less than two-thirds of all
members of the Council shall be submitted to the Deputy Chairperson -
(a) "stating that they intend to pass a resolution to remove the
Chairperson on any of the grounds set out in subsection (1)
(b) setting out, in the case of removal under subsection (1), other than
paragraph (d), the particulars of the charge, supported by necessary
documents, where applicable, on which it is claimed that the conduct of the
chairperson be investigated for the purpose of removal."
Has this been done? What next should happen? According to section 20
subbsection (3),
"The Deputy Chairperson shall, within twenty-four hours after the receipt
of notice referred to him or her under subsection (2), cause a copy to be
transmitted to the Chairperson, the Chief Justice and the Secretary of
State."
Has this been done? What should happen next? Section 20 subsection (4) of
the Act stipulates:
"The Chief Justice shall, within seven days after receipt of the notice
under subsection (3), constitute a Tribunal comprising such number of
judges of the High Court as the Chief Justice determines to -
(a) investigate the allegations contained in the notice; and
(b) report its finding to the Council, stating whether or not there is a
case for the removal of the Chairperson."
Has this been done?
Suppose the tribunal establishes a prima facie case against the
chairperson, what should happen?
Subsection (6) of section 20 states:
"If the Tribunal determines that there is a prima facie case for the
removal of the Chairperson under subsection (1), other than under paragraph
(d), the chairperson shall cease to hold office."
In short, the chairperson ceases to hold office only after a prima facie
case has been established.
Needless to say, the electorate may at anytime revoke the appointment of
the chairperson. Section 22 subsection (1) states:
"Subject to this section, the mandate of a Chairperson or an elected member
of a Council may be revoked by the electorate."
Subsection (2) of section 22 states
"For the purpose of revoking the mandate of the Chairperson or an elected
member of a Council, at least fifty per cent of the registered voters in
the electoral area shall petition the Independent Electoral Commission for
the revocation."
The rest of section 22 goes on to elaborate on the procedure for revocation.
To conclude, there is no provision empowering the Department of State to
suspend the chairperson. His suspension is without lawful foundation. The
executive needs to consult the Attorney General to rectify the situation.
The rule of law has to prevail.
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Dumo Saho And Co Application For Bail/Discharge Rejected
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The application for discharge or bail filed by Ousman Sillah and co-
counsels on behalf of their clients, Dumo Saho, Ebrima Yarboe, Ebrima
Barrow, Lieutenant Darboe, Lieutenant Lalo Jaiteh and Momodou Marenah was
rejected by Justice Ahmed Belgore.
Whilst rejecting the application filed by the defence team in the ongoing
treason trial involving the aforesaid accused persons, the judge stressed
that there is no doubt in his mind that the accused persons have not been
tried within reasonable time.
"The delay, as can be gauged from the records and as I have graphically
itemised in the ruling, is more attributable to the prosecution. The
accused persons were not arraigned within 72 hours as prescribed by the
constitution. Their arraignment did not take place until after six months
of their arrest and detention. For all purpose and intent, the accused
persons have not been tried within reasonable time. There is a breach of
the provision of section 19(3) (a) and (b) and section 24(1)(a) and (b) of
the constitution of the Republic of The Gambia, 1997 and I so hold," he
remarked.
The judge further stated that the accused persons appeared in court for
the first time on the 19th day of December 2000; that since that time it
has not occurred formally to their counsels to apply for their bail, even
in the face of the unreasonable delay in filing the first information. He
further stated that the application for the unconditional release or the
bail of the accused persons has been prompted by the state's application
for adjournment of the hearing on the ground that the first prosecution
witness, Francesco Casso, is not available to give evidence. The learned
Director of public prosecution, Akimoyae Agim, had argued that Mr.
Francesco Casso is not in the frame of mind to testify because his wife
lies in a state of coma in the hospital after an operation. This factual
situation was revealed to the learned DPP by the investigating police
office after a two-hour stand down of the case at the instance of the case.
The judge stated that within those two hours, the learned DPP could not
establish any contact with Mr. Casso and that investigating police officer
did not deem it fit to come to court to inform the court of this factual
situation until the learned DPP went looking for him.
The judge then stated that the learned DPP, having spoken from the Bar, the
facts as stated by him have to be accepted on the face value, noting it
only remains to consider whether those facts constitute enough reason to
grant an adjournment in the circumstances of the case.
He went on to say that a situation of helplessness has been foisted upon
the court by the application. He posited that Mr. Casso was supposed to be
put in the witness box on the 14th day of January 2003, immediately after
his ruling but the learned DPP had in the mean time fixed a meeting for
2:00pm that same day in disregard of the fact that the case was fixed for
hearing that day by all counsels including the DPP himself.
"One would ordinarily expect the learned DPP to give some reason for the
lapse, but unfortunately, there is a grave silence on his part regarding
the issue.
This is not good enough given his experience," he stressed.
In his ruling, the Judge posited that the application filed by the defence
team is not a formal one.
"The major event constituting undue and/or unreasonable delay was the delay
in presenting the accused persons for trial in the first place," he said.
Justice Belgore said the application by the prosecution for the
postponement of the hearing for non-availability of witness is the first of
its kind before the court. According to him, it will therefore not be in
the best interest of the justice, or even the accused persons to release
them at this stage on the strength only of this single application.
"From what I have said so far, the opportunity for that may still present
itself and I will be most willing, at that time, to hold the bull by the
horns. It is in the light of the foregoing that I will reluctantly decline
to invoke the provisions of sections 19(4) and (5) of the constitution of
the Republic of The Gambia, 1997 at this stage," he said.
The case is adjourned till the 25th February 2003 for hearing.
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Three Accused Of Printing Fake US Dollars
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
On Thursday 2003 the National Army invited the media houses to Fajara
Barracks to witness a briefing on three Nigerians who were apprehended and
accused of involvement in the printing of fake US dollar notes to the tune
of 10 million dollars.
The Gambia Armed Forces Public Relations Officer (PRO) Captain Bunja Darboe
who chaired the briefing informed the press that it was the soldiers of the
guard battalion under Gambia National Guard who arrested the suspected
counterfeiters with the sum of 10 million US dollars.
He said the three suspects are foreign nationals,Mr. Banoven Okey Onyema,
Emeka Iheme and Mr. Uche Iheme. They will be handed over to the Gambia
Police for prosecution.
How The Arrest Was Effected
Mr. O.B. Mbye, the commanding officer of the battalion explained in detail
how the operation was carried out to apprehend the counterfeit suspects.
He said it was on Tuesday 14th December 2003, in the evening that they
received a tip-off that some Nigerians wanted to pump a million US dollars
into the bank.
Mr. O.B. Mbye said with the aid of the tip-off they followed the issue that
led to the arrest of the counterfeiters and the fake notes valued to the
tune of ten million US dollars.
However, Mr. Mbye said through this investigation they discovered that
there were not only notes but gold dust various stamps of the immigration
department, stamps of the US Federal Reserve, Trust Bank, First
International, and various others. He alleged they also make various
certificates which they normally do for individuals so that they can use it
to gain employment or other things.
Mr.Mbye claimed that these people can use ssomebody within the banks in
order to have a share and then transfer the rest to a specific account;
that by the time one realise it is fake the transfer is already done.
Advice of the Central Bank
Mr. Bamba Saho, Manager, Banking Services , Central Bank, gave advice on
how to protect oneself and the nation against fake currency. He explained
what people should look out for. He said the serial numbers of notes are
unique and the texture of the notes is different from normal paper.
"If you have a bank note that is too smooth in texture you should enquiry
or compare it to a genuine bank note," he said.
He said on a good note the print quality is very sharp compared to
counterfeit copies. You can also use a minifying glass to look through the
notes to check the quality of the print.
Mr. Saho said if one suspects a note he or she should take it to the
nearest police station that it is a crime to handle a counterfeit note or
to keep it.
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NAMs' Reaction To The Budget Speech
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Baba Jobe
Reacting to the budget speech, Baba Jobe the majority leader and member for
Jarra West indicated that he is not going to prolong the debate. He said
everyone has seen what this regime (APRC) has done for the Gambia as a
nation.
He indicated that in the past schools were not sufficient and people had to
migrate to other places in order to attend school but now schools have been
built all over and now they are talking about lack of teachers. He said
that the President should be thanked for that.
On Health
Honourable Jobe indicated that unlike before doctors are available in all
health facilities now. He indicated that the President did not stop there,
but even helped people to solve their individual problems by sending them
to Mecca. "All
these things are good things that the president is doing for the people,"
Baba said.
On Revenue
Honourable Jobe indicated that there is an unbalanced equation because the
revenue is less than the expenditure. He said this is so because all the
projects implemented in the country are done by foreigners and in that
sense the revenue leaves the country. He said if the project were done by
Gambians, it would have benefited us since the money will stay in the
country. He said we need to solve this unbalanced equation by engaging in
capacity building so that Gambians can be implementing projects.
On The High Prices Of Commodities
Honourable Jobe said that all businessmen are thieves. He indicated that
there are local thieves and foreign ones. He said the local thieves are
even better than the foreign thieves because, according to him, local
thieves will circulate the money here but the foreign thieves will leave
the country with the money. He said when a consignment arrives in the
country, it will have ten agents before it reaches the consumers. Each
agent adds something to that price which makes the prices very high when it
reaches the consumer.
Tax Measures On Non-Gambians
Honourable Baba Jobe indicated that if you have a visitor whom you
accommodate free of charge for a long period of time without any sign of
going home, what is wrong in telling that visitor to contribute towards the
fish money? Honourable
Jobe said the revenue measures taken against the non-Gambians is
justifiable because they have to contribute to development of the country.
He asked those who are saying that the amount is high what then their qualm
was.
On Salary Increment
Honourable Jobe indicated that the revenue is less than the expenditure so
if we increase salaries, there must be deduction somewhere because the rest
of the revenue cannot meet the services that we need. Baba then asked: "How
can we in crease salaries?"
On The Production Base
People are saying that government is not investing in the productive sector
but what are they are contributing to the productive sector? They should do
something and then tell the people look, government is not doing anything
to the
productive sector and this is what we are doing for you.
Edrissa Samba Sallah, Member for Sami
In reacting to the budget speech, Edrissa Samba Sallah indicated that the
prices of commodities are very high and the people in the provinces are
very hungry.
On Border Problems
Honourable Edrisa Sallah said that the SoS for finance and Economic affairs
has indicated in his budget speech page 6 paragraph 29 that:
"We continue to pay special attention to our relations with the Republic of
Senegal and to the importance of good neighbourlines. An important
agreement has already been signed with our Senegalese counterparts in the
frame work of
the recent Joint ministerial commission held in Dakar, Senegal. It is hoped
that our frequent border problem will be resolved for the benefit of the
two nations." This is what the SoS said. But Honourable Sallah said, the
border problem is not between the national authorities but the transport
unions.
On The National Debt
Honourabel Edrissa Samba Sallah indicated that on page 14, the SoS for
finance indicated that the Gambia's national debt as of date stands at
about US$601.0 million of which external debts is forecasted to reach about
US$490 million at the end of December 2002. The increase on the external
from US$437.50 million in 2001 to about US$ 490.0 million at the end of
2002 representing a rise of 12%, reflect an increased inflow of
development funds to finance new vitally important projects being
implemented by government. The Gambia's external debt is mainly long term
with original maturity of more than one year. Multilateral debt constitutes
77% of total external debt. Hnourable Sallah then urged the Department of
State for Finance and Economic Affairs to make effort to reduce the debt
and that when loans are taken, they should be put into good use.
On Education
Honourable Edrisa Samba Sallah indicated that on page 19 of the budget
speech the SoS indicated, "In the current year (2001/2002) the number of
Lower Basic Schools has increased to 37% from 33% in the previous increased
the upper basic
schools to 114 compared to 62 in 1999/2000 respectively. This translates
into an enrolment of 195,373 at the Lower Basic and 68,340 at the Upper
Basic, which includes enrolment figures from Madarassas." Honourable Samba
Sallah said we need quality education and schools lack teachers. "Something
needs be done?" he said.
On The Tax Measures
The tax levied on the tradesmen on page 44 of the budget speech is a cause
for concern. Honourable Sallah said that it is the people who have to pay
for it since the people are going to buy their products and services. "He
then asked: "How does the SoS arrive at these revenue measures?"
On Prices Of Goods
"The prices of our local goods are also going to be high since the
producers are in return going to buy the imported commodities at higher
prices," Honourable Edrissa Samba Sallah said.
On Gamworks
Honourable Sallah said Gamworks should be giving these contracts to
Gambians to benefit instead of foreigners only.
Abdoulie Kanaji Jawla, Member for Sandu
In reacting to the budget speech, the member for Sandu, Honourable Jawla
indicated that this government has brought about a lot of development for
this country in the area of Agriculture, health, education to name just a
few.
On Poverty Reduction
Honourable Jawla asked: "Are we reducing poverty taking into consideration
the increase in the prices of the essential commodities?"
He said that developments in the country are laudable but asked: "Can a
hungry man se those developments?"
On Productive Base
Honourable Jawla indicated that the productive base should be given
priority. He said about 90% of our daily needs come from outside. He
indicated that we should answer to the call of the President's back to the
land to increase productivity.
On prices Of Commodities
Honourable Jawla indicated that Gambians have no sympathy for their fellow
Gambians. He said a bag coos costs D400, one bag of cassava D600 and a bag
of "findo" D800. He stressed that these are our own local produce and
lamented at their high prices.
On Road Maintenance
Honourable Jawla indicated that there should be a high way authority whose
responsibility will be to look at the maintenance and sustainability of the
roads. He said this authority will also collect the duties levied on
drivers because nobody knows where local government authorities put the
money collected from the drivers.
On Cattle Tax
He indicated that cattle tax should go to the veterinary council and to the
area councils.
On Health
He indicated that there should be a drug monitoring team so that drugs
could be properly monitored to avoid mismanagement of drugs.
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Ownership of AMRC Land In Dispute
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wadad Ruhl has sued one Daniel Mendy, the AMRC, the Secretary of State for
Local Government and Lands and the Attorney General for a plot of land
which she said belongs to her but which has been sold by AMRC to Daniel
Mendy and another
person.
In her testimony, Wadad Ruhl told the court that she purchased the plot
measuring 50m x 65m originally in two distinct plots. Ibrahim Faal sold his
plot to the son of Rafel in 1990 while Kofi Faal sold his plot to Wadad.
Payment for the sales were effected. Wadad tendered the transfer documents
in court together with the area council receipts.
She told the court that she later agreed with her son to merge the two
plots into one and apply for a lease in her name. The application was
forwarded and approval given by the Kombo North District Tribunal by a
resolution.
She further told the court that in July 2002 Daniel Mendy, the first
defendant was busy working on the plot and when she enquired Daniel told
her that he purchased part of the plot from AMRC while the other part was
purchased by someone else, also from AMRC. She gave the serial numbers of
the lease documents in the possession of Daniel Mendy.
Furthermore, in her testimony Wadad asserted that the AMRC has no good
title to the suit land and therefore they could not assign it to anyone.
She therefore concluded that the leases that were issued in respect of the
suit land were obtained by fraud. Hence she is seeking for a declaration
that she is the rightful owner of the land. She is also claiming for the
damagesamounting to half a million dalasis.
The plaintiff, Wadad Ruhl was represented by Hawa Sisay Sabally while the
state was represented by Lamin Camara. The case is adjourned till 12
February 2003 for further hearing.
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Source: FOROYAA (Freedom) NO: 6/2003 20 - 22 January, 2003
ISSN: 0796- 08573
Address: FOROYAA, P.O.Box 2306, Serrekunda, The Gambia, West Africa
Telephone: (220) 393177 Fax: (220) 393177
Email address: [log in to unmask]
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