Issue No. 97/2004, 9-12 December, 2004

Editorial
TIGHTENING THE NOOSE
ON THE NEWSPAPER (AMENDMENT) BILL 2004
Part 2

In the last issue we started to analyse how the amendments of the
Newspaper Act serves nothing more than creating obstacles for the
publication of newspapers and broadcasting.

The bond, which is a colonial legacy is to be further increased from D100,
000 (One hundred thousand Dalasis) to D500, 000 (Five hundred thousand
Dalasis). If the Newspaper (Amendment) Bill is passed and becomes law, its
enactment will effectively cancel all bonds that have been executed by all
the existing newspapers, except government newspapers.

A new section 7 A would read: "(1) Any
bond given and executed under
section 7 of this Act in the sum of one hundred thousand dalasis is hereby
cancelled, and no newspaper or broadcasting station shall continue to be
printed, published or operated, as the case may be, with that bond unless
the bond of five hundred thousand dalasis as required under section 7 has
been given and executed.

"(2) No newspaper or broadcasting station shall, after fourteen days of
the coming into force of this subsection, be printed, published or
operated, as the case may be, without the bond of five hundred thousand
dalasis having been given and executed with the Registrar General."
Even the colonial government took a more progressive posture than the
Jammeh regime. When the colonial regime enacted the Newspaper Act in 1944
imposing a bond of 100 Pounds on newspapers, it excluded newspapers that
were already in existence.

Section 14 of the Act states
, "The provisions of section 7 and 8 shall not
apply to any newspaper regularly printed and published in The Gambia prior
to the 1st January, 1943."

Penalties have been increased from D10, 000 to D50, 000 and from D50, 000
to D250, 000.
See next issue for Part 3

INTERVIEW WITH HALIFA  ON DARFUR AND THE COALITION
FOROYAA: What was your mission to Darfur?

Halifa: The Pan African Parliament has been mandated under Article 18 of
the protocol establishing the peace and security council of the African
Union to monitor the activities of the council in terms of conflict
management and resolution.
In the second ordinary session of the Pan African Parliament, a resolution
was moved by a Pan African Parliamentarian from Uganda on the crisis in
Darfur. The resolution was adopted and the bureau of the Pan African
Parliament was mandated to constitute a task force to investigate the
situation
 in Darfur with the view to make recommendations for the
consideration of the Assembly of Heads of State of the African Union.
The bureau made the mover of the resolution the head of the delegation and
appointed another five men and two women to constitute the delegation. The
members of the delegation from Uganda, South Africa, Guinea, Gambia,
Libya, Mauritania and Rwanda were selected in our individual capacities
and not on the basis of country. The task force is simply to perform the
duties assigned to it and will stand dissolved once it submits its report
to the Pan African Parliament.

FOROYAA: Can you tell the reader some of your findings?

Halifa: There is limit beyond which I cannot go since I am duty bound to
report to the Parliament. In fact, my colleagues assigned me the
responsibility of preparing the report. In confidence I cannot touch on
the report until it is tabled for discussion and adoptio
n in the next
session of the Parliament.

FOROYAA: Can you give an idea of what the mission did and accomplished?

Halifa: We went to Addis to receive a briefing from the personnel of the
Peace and Security Council. We received copies of all the ceasefire,
humanitarian and security agreements between the government of Sudan and
the armed opposition. We were informed of the AU omission and institution
in Sudan before we took off for Sudan. In Sudan we spoke to the Speaker of
the Sudanese Parliament, the Parliamentary Caucus for Darfur, the members
of the Pan African Parliament from Sudan, the Ministers of Foreign
Affairs, Humanitarian Affairs, Internal Affairs, the Ministers who
represent Sudan in the Abuja talks, the governments of the three Darfur
states, commissioners, representation of the armed opposition in Darfur,
the people in the camps for the Internally Displaced Persons.
The AU has
six sectors where the ceasefire commissioner operates. All the
sectors have military observers of the ceasefire and their protections. We
visited all the sectors in El Fasher, Nyala, Kabbabiya, Al Junaynath,
Abeshe and Tine. We spoke to the military commanders. We left Darfur with
a comprehensive understanding of the situation. In fact, we even
participated in influencing the reversal of the decision of one of the
armed opposition who announced earlier that they were withdrawing from the
Abuja talks. This is the first mission of the Pan African Parliament. All
of us were conscious of the importance of our mission. History will be the
judge of its merit.

FOROYAA: What next?

Halifa: I am in a dilemma. There are requests for me to follow the Abuja
talks but we are now in a budget session. I need to make a Balancing Act
so that contributions can be made nationally and internationally. In fact,
the Nelso
n Mandela Foundation is also to hold a seminar in Ghana on the
9th to harness knowledge to address the challenges of development, our
budget session is very important. Moreover, the state is proposing to
negate the Media Commission from the constitution.
Nonetheless, I am referring to this to show that the continent is ready to
harness its talents to shape the future. I am confident that the future is
bright.

FOROYAA: In your absence, it is indicated that the Coalition is in a state
of uncertainty about leadership. Is that the situation?

Halifa: For over six months representatives of opposition political
parties at the highest level have been meeting and discussing. If the
discussion was meaningless I am sure they should have been over by now.
Moreover, if there were no movement forward I myself would have withdrawn
a long time ago.

FOROYAA: Fatou Jahumpa has said that the debate to get a presid
ential
candidate from abroad or not shows that the members of the proposed
Coalition lack confidence in each other.

Halifa: Those who have elementary knowledge of the Gambian constitution
would know that there cannot be any such debate in our meetings.
FOROYAA: What do you mean?

Halifa: My point is simple. Section 62 (1) of the constitution states
that, "A person shall be qualified for election as president if he or she
has been ordinarily resident in The Gambia for the five years immediately
preceding the election." A person staying abroad cannot be a candidate in
the coming 2006 presidential election. If this were a debate in the
Coalition I would have clarified the issue a long time ago.

FOROYAA: It is claimed that the leader of the NRP said that that was a
sticking point.

Halifa: What is attributable to him is the opinion that the presidential
candidate should be outside the p
olitical parties. The discussion at the
moment is on method of doing things. We have not reached the period of
relying on our agreed principles and procedures to take decision on how to
select candidates. There can be no sticking point because every issue is
still being discussed and each person's opinion is respected. In fact, we
have adopted the most difficult procedure in making decision that is the
principle based on consensus based on unanimity. Each party has a veto
power. None can impose a decision on the other. Despite this we have
agreed on more things than what are still subjects of discussion. I have
emphasized that the negotiation is being done on a new footing. If it
succeeds it will be a unique example for Africa. This is not a personality
led enterprise but a programme led one. No person or party will fear
domination or marginalization on the basis of ideology, tribe, or any
consideration if conclusion is reac
hed.

NO ONE CAN BE DETAINED AT THE MAXIMUM SECURITY WING OF MILE II…
Says SoS Samba Bah
By Abdoulie Dibba

The member for Wuli West, Hon. Sidia Jatta raised the following
question: "Mr. Speaker, would the Secretary of State for the Interior and
Religious Affairs indicate to this National Assembly whether anyone can be
detained at the Maximum Security Wing of the Central Prisons without any
Warrant of Committal issued by the Commissioner of Prisons?"

In response, SoS Samba Bah pointed out that the answer to the question is
NO. SoS Bah asserted that no one can be detained at the Maximum Security
Wing without a Warrant of Committal issued in that respect.

In the same vein, Hon. Sidia Jatta raised the following question regarding
the arson attacks on the Independent Newspaper premises, the BBC reporter,
Ebrima Sillah and the shooting of Mr. Ousman Sillah: "Mr. Speaker, woul
d
the Secretary of State for the Interior and Religious Affairs indicate to
this National Assembly how far the state has gone on its investigations of
the arson attacks on the Independent Newspaper premises, the BBC reporter,
Ebrima Sillah's residence and the shooting of Mr. Ousman Sillah?"

In response, SoS Samba Bah pointed that the police have since visited the
scenes of these crimes and recorded statements. He asserted that the
investigation is still ongoing.

In a supplementary question, Hon. Jatta asked how soon will the
investigation be completed because he said, there are investigations going
on for two year or so and yet incomplete.

In response, SoS Bah said that he cannot give a timeframe. Hon. Kemeseng
Jammeh indicated to the SoS that with the revelations made by Hon. Hamat
Bah regarding the two Army officers, "what is the stance regarding the
officers?" SoS Bah said the inves
tigation is ongoing and he cannot say
anything until the investigation is completed.

METAMORPHOSIS OF THE DEBATE ON THE ESTIMATES
By Abdoulie Dibba

Events of tremendous importance are taking place at the National Assembly
regarding the annual estimates of recurrent revenue and expenditure with
development expenditure for the fiscal year 2005. According to the agenda
issued from the office of the Clerk of the National Assembly, the
estimates was to be laid on the 29th November 2004 by the Secretary of
State for Finance and Economic Affairs which was turned down by deputies
as reported earlier. The Assembly resolved for the presentation to be done
on Wednesday 1st December 2004 and that debate on the estimates will take
off on Monday the 6th of December 2004. On Monday 6th December 2004.
However, the debate was postponed till Tuesday based on the proposal of
Nominated Member Fatoumatta Jahumpa Ceesay supported by
more than two-
thirds of the Members of the Assembly.

When this reporter contacted some NAMs to find out why they are dragging
on the debate of the estimates, some pointed out that the practice with
bills is that the SoS responsible for it will conduct a meeting with the
ruling party deputies for any omission or addition before it is presented
to the National Assembly but that has not been done with the estimates and
that they cannot justify 97 % salary increment for SoS and others while
the entire civil servants receives 10 % salary increment. Due to this
fact, they prefer to abandon our claim of D2, 000 house rent allowance.

On Tuesday however, sources close to the National Assembly informed this
reporter that in the morning, the NAMs of the ruling party held a meeting
in the National Assembly with the SoS for Finance and Economic Affairs but
could not come to terms. According to the sources, the meeting w
as then
transferred to state house and up till about 6 pm the National Assembly
could not have a quorum.  When the debate resumed, Hon. Churchill Baldeh,
Kemeseng Jammeh and Halifa Sallah contributed.  See subsequent issues for
details.


Fourth Meeting of the Legislative Session 2004
NAMs SCRUTINIZING THE EXECUTIVE
On the Department of State for Local Government & Lands

National Assembly members are the eyes, ears and mouths of the people.
This is precisely the reason why National Assembly members raise the
concerns of the people in the form of questions and contributions during
the Adjournment Debates. The efficiency of a National Assembly member is
determined by the questions raised and his/her contribution during
Adjournment Debates.

During question and answer session, the member for Sami, Hon. Idrissa
Samba Sallah raised the following question regarding the budget estimates
of
Kuntaur Area Council: "Mr. Speaker, could the Secretary of State for
Local Government and Lands indicate to this august Assembly, the 2005
budget estimates of Kuntaur Area Council?"

In response, SoS Manlafi Jarjue pointed out that Kuntaur Area Council is
in the process of preparing the 2005 budget estimates.
On his part, the member for Jarra West, Hon. Kemeseng Jammeh raised the
following question regarding Mansakonko Area Council's liability to
NAWEC: "Mr. Speaker, could the Secretary of State for Local Government and
Lands inform this august Assembly as to what efforts are being made by the
Mansakonko Area Council to settle their D6 million liability to NAWEC to
avert the massive disconnection of public standpipes in Soma and its
surrounding communities?"

In response, SoS Manlafi Jarjue pointed out that Mansakonko Area Council
has paid to NAWEC the sum of D222, 227.66 (Two hundred an
d twenty two
thousand, two hundred and twenty seven Dalasis sixty six bututs). He
pointed out that the Council is now making efforts to settle the balance
of arrears by installment. "As a matter of fact," SoS Jarjue said, "the
amount owed to NAWEC by Council is D4, 285, 176.86 (Four million, two
hundred and eighty five thousand, one hundred and seventy six Dalasis
eighty six bututs) and not D6, 000, 000.00 (Six million Dalasis) as stated
by the National Assembly member."

Asked by Hon. Kemeseng Jammeh as to how much have agreed to pay by
installment SoS Jarjue pointed out that the amount is D222, 227.66 (Two
hundred and twenty two thousand, two hundred and twenty seven Dalasis
sixty six bututs).

On his part, the member for Niamina West, Hon. Ahmad Samba Sallah, raised
the following question regarding the number of projects embarked in
Niamina West by the Janjangbureh
 Area Council: "Mr. Speaker, could the
Secretary of State for Local Government and Lands explain to this august
body how many projects have the Janjangbureh Area Council embarked on in
Niamina West constituency in recent years?"

In response, SoS Jarjue pointed out that during recent years, Council had
re-dug 5 (five) wells in various locations and constructed a new
courthouse in Sambang Village in the Niamina West constituency. Meanwhile,
he said, plans are already in place for the provision of more development
projects based on community request.
In a supplementary question, SoS Jarjue was asked whether the community
has to request before development projects are embarked upon and SoS
Jarjue responded in the affirmative. Further asked whether the areas where
development projects are not embarked on was because the community failed
to make a request, in response, SoS Jarjue pointed out that they made

request but that the Council have priorities.

On his part, the member for Lower Fulladu West, Hon. Musa Baldeh, raised
the following question regarding the amount of money collected by Brikama-
Ba Area Council Sub-Treasury:  "Mr. Speaker, would the Secretary of State
for Local Government and Lands tell this august body how much money was
collected by the Brikama-Ba Area Council Sub-Treasury from January 2004 to
date."

In response, SoS Jarjue indicated that Brikama-Ba Sub-Treasury under
Janjangbureh Area Council has collected the sum of D257, 862.00 (Two
hundred and fifty seven thousand, eight hundred and sixty two Dalasis)
from January 2004 to date.

In another question, Hon. Musa Baldeh asked about the number of cattle
heads taxed in Lower Fulladu: "Mr. Speaker, would the Secretary of State
for Local Government and Lands inform this Assembly how many heads of
cattle were tax
ed in Lower Fulladu West in the year 2004?"
In response, SoS Jarjue indicated that the number of cattle taxed in Lower
Fulladu West in the year 2004 amounted to 11, 216 heads at D3.00 each,
which amounted to D33, 648.00 (Thirty three thousand six hundred and forty
eight Dalasis).

In a supplementary question, the member asked how much of this amount goes
back to the cattle owners in the form of services? In response, SoS Jarjue
pointed out that the question is a completely new element which require a
new Parliamentary question.

ON THE DEPARTMENT OF STATE FOR EDUCATION
The member for Niamina Dankunku, Hon. Kebba B. Ngett raised the following
question regarding the building of teachers' quarters: "Mr. Speaker, could
the Secretary of State for Education inform this august Assembly when the
Department of State for Education will build quarters for teachers in the
provinces?"

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