Issue No. 98/2004, 13-15 December, 2004

Editorial
THE MEDIA AND THE GOVERNMENT
ONE STEP FORWARD TWO STEPS BACKWARD

Journalists Of Africa Unite For Best Media Laws
After the constitution of the Second Republic came into force many people
simply said that it was simply a carbon copy of the Ghanaian constitution
and that the APRC regime was bent on imitating the Rawlings regime. The
Rawlings regime is no more. Its opponents have taken over but the Ghanaian
constitution remains. The provision on the media commission still remains.
The Act that is derived from the constitutional provision requiring the
establishment of a media commission has enabled the Ghanaian media to
establish a self-regulatory body which can receive complaints from both
the society and the media and resolve problems without resorting to the
courts for punitive actions. The commission even protects the media
practitioners employed by the state to ensure that they are impartial and
independent. The Rawlings regime is gone but the Ghanaian media is still
among the most assertive on the continent.

The APRC regime does not intend to keep such a history in its relation
with the media. Despite recent gestures by the media establishments to
encourage the administration to become a media friendly one the regime has
decided to follow the trend of the AFPRC regime.

In short, the APRC inherited the 1944 Newspaper Act, which made it a
requirement for those who intend to print or publish newspapers to provide
a bond in the sum of one thousand dalasis to be registered in the office
of the Registrar General. This bond had to be executed before a magistrate
or commissioner for oaths in the presence of one witness.

Interestingly enough when the colonialists made the law which initially
put the bond at £300 the existing media houses saw it as an instrument for
stifling press freedom. In fact, the colonialists had to add section 14 to
exclude the existing media houses from the provision for executing a bond.

It states, "The provisions of sections 7 and 8 of this Act shall not apply
to any newspaper regularly printed and published in The Gambian prior to
the first day of January, 1943." To threaten such newspapers to fall in
line the law made a proviso empowering the authorities to include them
whenever it was deemed fit.
On 26th February 1996 the AFPRC promulgated the Newspaper Act (Amendment)
Decree (Decree 71), which outlawed all newspapers with the stroke of a
pen. It reads, "All bonds executed under section 7 of the principal Act in
the sum of one thousand dalasis is hereby cancelled and every newspaper
previously printed or published with such bond shall not be printed or
published unless a bond of one hundred thousand dalasis is given and
executed." In its consistently categorical and uncompromising tone the
AFPRC asserted that, "Within fourteen days after the coming into force of
this decree, no newspaper shall be printed or published without a bond of
one hundred thousand dalasis previously given and executed with the
Registrar General." The result was the disappearance of all newspapers
from the street for days as the proprietors searched for property owners
who could pledge properties worth D100, 000 to enable their papers to be
registered. This was a way of increasing the pressure on the media and
make the proprietors to owe obligation to the property owners.

The Decree was further complemented by Decree 70 which indicated
that, "Every person guilty of an offence in relation to the contravention
of section 7, that is, publication without executing a bond, shall be
liable to an fine of one hundred thousand dalasis and all other
contraventions incurred fines between D10, 000 and D100,000.
This was followed by a Media Commission Act which created an
administrative court to try media practitioners and paralyse them without
adherence to proper court procedures. The government earned the approval
of the media for promising to repeal the Media Commission Act. One
expected that the Media Commission will not be aligned to the principle of
best practice as is the case in Ghana.

Like a thunderbolt from the blue the government now comes with a Newspaper
(Amendment) Bill 2004 which seeks to put the bond at, "Five hundred
thousand dalasis" before a newspaper or broadcasting station can operate
in The Gambia.

As for the newspapers and stations that exist currently the government
does not even try to imitate the colonialists by making exceptions. On the
contrary, it states that after 14 days of the coming into force of the Act
no newspaper or broadcasting station shall operate unless it has executed
a bond of D500, 000 and that all previous bonds are automatically
cancelled. The constitutional provision establishing a media commission is
also to be repealed.
It is also interesting that a government whose leaders do not hesitate to
call names of important persons on platforms and try to defame them would
want to create laws that would impose imprisonment without any option of
fine.

The questions that arise are: Are the National Assembly members going to
pass such laws? Will The Gambia be part of the Peer Review Mechanism and
benefit from more democratic system of governance?

Journalists of The Gambia be informed that it is the objective of the
African Union to ensure the harmonization of laws to facilitate African
integration. The Gambian journalists should be proactive. The Union should
request for laws on the media in all African countries and come with the
example that can serve as the standard of best practice. Then the
journalists of Africa should unite to make best practice to prevail in The
Gambia in particular and in Africa in general.

NAMs APPROVE DOUBLING SALARY OF SOSs AND CO
By Abdoulie Dibba

The estimates of recurrent revenue and expenditure for the fiscal year
2005 has been approved and passed by deputies on Wednesday 8th December
2005. A portion that raised the eyebrows of the National Assembly members
in particular and the general public in general is the Secretary of State
suggestion in the estimates that the Secretaries of State, the Secretary
General and the Speaker of the National Assembly are to receive an annual
income of D170, 000 compared to D86, 400 this year. In addition to this
annual income, Secretaries of State are entitled to D36, 000 house rent
per annum, D108, 000 responsibility allowance which is to be shared
between the Secretaries of State and their Permanent Secretaries and D48,
000 as telephone allowance which is also to be shared between the
Secretaries of State and the Permanent Secretaries. However, the form of
division of these amounts between the Secretaries of State is not
indicated in the estimate. During the debate on the estimates, the APRC
deputies had a stalemate in their deliberations and the only APRC deputy
who contributed, in the person of Hon. Churchill Falai Baldeh (Majority
Leader) decided not to comment on the salary increment of SoSs and others
but called on the Secretaries of State to look into the house rent and
mobility aspect of the National Assembly members even if not in this
estimate, but in future estimates.

In his contribution the member for Jarra West, Hon. Kemeseng Jammeh
pointed out that the 97 % salary increment to Secretaries of State is
morally unjustifiable and violates the principle of equity. He pointed out
that since the resources are not available across the board salary
increment taking into consideration the inflation with its corrosive
effect on the purchasing power of wage / salary earners, this move to
increase the salary of SoSs and others by 97 % should be stopped.
On his part, the Minority Leader and member for Serrekunda Central, Hon.
Halifa Sallah outlined that the salary scale of the directors who are
managing the basic institutions of the country, important institutions
like Gambia College, GTTI, the Office of the Ombudsman, etc and etc, they
receive D60, 000 per annum going down and if one compares this with what
is to be paid to the Secretaries of States this cannot be accepted; that
the allocation to the social services, he said, the Sulayman Junkung
Jammeh Hospital in Bwiam has been reduced from D5million to D3million.

Halifa pointed out that the salary scale and the cost of living under the
present circumstances, one would discover that what is being paid to those
who are operating the whole government structure cannot motivate them to
be as positive as we wish, and the same goes to the pensioners. Halifa
argued that if one looks at this, one will realize that the estimates
clearly show that our earning capacity is very limited and is not
conducive for the SoS to recommend the type of salary that is being made
for Secretaries of State and others. He pointed out that they need to look
at certain items and see how they can enhance them to be able to reduce
poverty and also increase motivation and that where the economy cannot
shoulder, he said, everybody must tighten their belt to see how across the
board we can shoulder the difficulty. Halifa stressed that the type of
increment for SoSs and others is not what we should entertain.

On his part, the member for Wuli West, Hon. Sidia Jatta indicated that the
salary increment for Secretaries of State reminds him of a notorious book
called "Animal Farm" and therefore qualified the 2005 estimate to be
the "Animal Farm" of the century. Sidia pointed out that this is so
precisely because the estimate is depriving the poor, the needy and give
to the well to do. The APRC deputies however approved it without comment.

See Subsequent Issues For Details of The Debate

INTERVIEW WITH HALIFA SALLAH ON CONTRADICTION BETWEEN GAMSU EXECUTIVE AND
THE SUB UNION EXECUTIVES

Foroyaa: It appears that student politics is even overshadowing national
politics as various groups in the student movement put up their positions
in the print and electronic media. What do you make of the accusations and
counter accusations.

Halifa: You could recall that after the remembrance day activities
regarding the April 10 and 11th incident someone did write to FOROYAA
attacking the GAMSU executive of betrayal after they mentioned about
forgiveness and they in turn also attacked their critique and accuse him
of ignorance and bad faith. They were cautioned that accusations and
counter accusations is just not the way forward.

Foroyaa: In your view what is the way forward?

Halifa: A student union is not a political party or workers union with
established laws and ways of bargaining for better working conditions or
higher wages. A student union is a civil society organization which is
formed by students in the exercise of their freedom of association.
Students come from different backgrounds and have different needs. Nothing
is more complicated that to be the leader or servant of people with
diverse interests, aspirations and inclinations. It requires a balancing
act. Anyone who is capable of carrying out such a balancing act to the
point of winning the confidence and support of all the different groups in
a student movement would ultimately earn the competence to be a National
leader. In my view, student leadership is a training ground for National
leadership like all training schemes the best student is one who is humble
enough to learn from best practice. My disappointment is that the student
leadership are competing as to who has better leadership qualities instead
of being guided by the doctrine of leadership by collective intelligence.
When there is a problem sure people should take the higher ground to
elevate the discourse about an organization above personality conflicts
and lay the foundation for a genuine debate to rectify problems. Instead
of each side being a prosecutor and judge of the other a National
Conference of students could have been called prior to holding normal
constitutional processes such congresses to discuss a way forward for the
Student Associations. Papers could be invited to look at any existing
Constitutions, evaluate organizational structures and practices and make
recommendations on the basis of which resolutions could be passed for
consideration of a congress. These are crisis management and resolution
mechanism which allow problems to be discussed in good faith and solutions
be found through the utilization of the collective intelligence of all
stake holders. When minds focus on personalities there can only be
tirades, innuendoes and trading of insults to defend each other. When
minds are focused on constitutional defects and alternatives,
organizational defects and alternatives, defects in method of work and
alternatives, the end result must be constructive engagement to bring
about necessary reconstitution or reform to enhance the appropriate type
of development.

Foroyaa: What is your view on the source of the conflict in the student
union. Some claim that some students are manipulated by Nenneh MacDold to
serve Jammeh others claim that the Gamsu executive is being manipulated by
the opposition so that another April 10 – 11th could be orchestrated?

Halifa: One thing I have always tried to do is to promote the doctrine of
the Sovereignty of the people. I will be coming up with a book in March
2005 which elaborates on this doctrine which to me is the epitome of the
principle of democracy. In my view democracy is not just peoples power or
government of the people, for the people and by the people. No one will
dispute that power that is base on ignorance can be brutish and
tyrannical. Power must be tempered by reason and justice in order to
democracy to prevail.
The doctrine of the sovereignty of the people hold that democracy is
inconceivable unless each person is an embodiment of reason and justice
and is free to take part as an equal partner in deciding matters of common
or collective interest. In exercising ones sovereign right one does so
freely within owing any obedience, allegiance or adherence to any other
persons view but in accordance with the dictates of reason, fair play and
conscience. In my view, only the student who is yet to group of his/her
sovereign existence can be manipulated by the party whose leader is in
government or leaders of parties which are governments in waiting. I would
consider my life a failure if there are any students in tertiary
institutions in the Gambia today who are so ignorant that they become
amendable to manipulation. In my view, whatever one does now is based on a
conscious decision and not manipulation.
Believe me many students are now more politically mature than their
political leaders.
Some have to play the game of survival and their difficulties should be
understood. We should not go back to the days where some accuse others of
being opportunists, boot lickers and so on.
Hold on to your position and leave others to hold on to theirs. This is
the basis of peaceful co existence.

Foroyaa: Lastly, do you think students should go to Jammeh to talk about
reconciliation and sing praise to him.

Halifa: The question should be in the reverse, you should ask why Jammeh
would accept reconciliation talks with students? In my view, a head of
state is occupying an executive position and is managing all National
resources. Such a hand of state should meet al civil society organizations
to know their problems and do something about it. The reward is earning
the confidence and support of people. A head of state should not entertain
any declaration of political support by a leadership of a union,
association, religion, etc. With members who have different political
opinions.
Whoever the head of state may be the civil society organizations should
gain access to him/her to explain any grievance. It is clear to me that
the type of head of state determines the type of message from civil
society organizations. People are intelligent enough to know how to talk
to people to gain results. Leaders who want to be praised before they do
something are always flattered. Leaders who want critical appraisals
receive respectable hint frank addresses.
For example, I have given lectures at the University of the Gambia. In my
last visit the students were struggling to get chairs to sit down. Suffice
it to say many students are currently enrolled without scholarships. Even
the Secretary of State for finance acknowledged that finance is limited to
access and not the sky. The books are lacking and students depend on
photocopying to have notes. Can you believe that the Principal of Gambia
College has a salary of D54,714 per annum. You can imagine what is being
done to motivate staffs. What is keeping the Gambia going is the devotion
of those who are working on the basis of starvation wages. If one prefers
to give the credit to the head of state one is entitled to ones opinion.
If one sees it as the collective initiative of the conscientious workers
one is entitled to do so. This however should not lead to acrimony between
the people.

Students who applied for scholarship last year, are still waiting for
acceptance. Scholarship applications have not been entertained this year.

STOP  PRESS
(No Cash to buy Nuts)

At the time of going to press FOROYAA has received reports of
unavailability of cash to purchase groundnuts at Seccos contrary to the
pronouncement of the Secretary of State, Agriculture that purchases should
be on the basis of cash on delivery. Reports from CRD speak of farmers
taking groundnuts to buying stations without receiving cash. The reports
also state that many farmers are keeping their nuts and waiting for cash
to be made available.
Reports further indicated that chiefs are calling on each cooperative
societies to provide D6000 for their Secco before they can start
operation. Meanwhile reports also claim that farmers are prevented from
selling their nuts elsewhere apart from the seccos.

We have spoken to some reporters who claim that government has nuts. We'll
get in touch with DOSA and other stakeholders. See next issue.


MARIAM DENTON'S COURT CASE

The civil suit involving Ajaratou Mariam Denton as plaintiff and Assets
Management and Recovery Corporation (AMRC), Mrs. Anjahim Chandwaney
(second defendant) as trustee for master Karan M. Chandwey and the
Attorney General took a dramatic twist when Lawyer Ousainou N. M. Darboe
on behalf of the plaintiff / appellant filed a motion urging the High
Court to make an order calling on one Mr. M. L. Gibba and Mr. Uzzoma
Achigbue as officers of the AMRC as at 1st day of April 2004 to show cause
why they should not be committed to prison or be subjected to such
punishment as the court may deem fit.

Ajaratou Mariam Denton recently substituted the late Abubacarr Denton as
plaintiff in the ongoing legal battle involving her late husband and the
aforesaid defendants.
Madam Denton is challenging the sale of her husband's leasehold properties
at Banjul, Fajara and Kanifing.

The plaintiff has earlier sought an order from the High Court restraining
the defendants from assigning or conveying any interest or giving out
title to any person in respect of the properties mentioned earlier.

The plaintiff's Fajara premises were to be sold by the AMRC to Mr.
Chandwaney at a cost of D1, 070, 000.00. It is reported that Mr.
Chandwaney paid a deposit of D470, 000.00 for the said property.
The motion filed by Mr. Darboe will be heard soon by the Banjul High Court.

The Paul Commission
Monday 6th December 2004
TESTIMONY OF CHERNO GAYE

Testifying before the commission was the Acting Managing Director,
National Printing and Stationery Corporation (NPSC), Mr. Cherno Gaye who
said that between 1997 – 2001 he was Principal Production Officer and was
paid D2, 225.00 per month; that as MD he is receiving D3, 500.00 and
D500.00 per month as board member of the NPSC board and also a
responsibility allowance of D350.00 per month.

Mr. Gaye further said that in 1989 he was allocated a lease property by
the Social Security and Housing Finance Corporation (SSHFC) and started
developing the land in the same year (1989); that he completed it early
2004; that he spent between D450 – 500, 000. He described the building as
a bungalow building; that the said property is rented for D185, 000.00 per
annum since August 2004. Mr. Gaye explained that the source of his
building was from his income during his overseas studies; that is in 1986
and 1996 and from his monthly salary; that in 2001 he (Gaye) acquired
another property in Jabang at D4, 500.00. Mr. Gaye denied holding any
property entrusted to him by anybody; that he also has no share in any
company or institution.

Continuing his testimony, the NPSC boss acknowledged banking with Trust
Bank and Standard Chartered Bank. Mr. Gaye also admitted making savings
from his official trips per diems and that he put part of those monies
into his account.

TESTIMONY OF ABDUL FATAH UTHMAN
Re-appearing before the Paul Commission, the Chief Executive Officer (CEO)
of the Banjul City Council (BCC), was reminded by state counsel, Mr.
Emmanuel Fagbenle that he told the commission in his first testimony that
it was counsel's decision to set up a task force committee and it was also
counsel's decision to terminate their services. He (Uthman) said that he
was told that it was council's decision to set up a task force committee
and also that it was the Mayor who asked him to dissolve the task force.
He further explained that the Deputy Mayor first told him that the Mayor
told her that the task force should be dissolved and when they executed
the decision that the task force refused. He further said that they were
called to the ministry and told to wait until the Mayor returned and since
then nothing has been said. Asked whether he can provide the commission
with the minutes of the meeting documents, he replied that the file got
missing a long time ago but promised to find out. The Chairman, Justice
Paul asked, "The file got missing before you came to the commission?" And
he replied in the negative.

The second thing he was reminded saying in his first testimony was that
the task force committee was doing more harm than good and he replied that
that was his opinion. He further explained that though the reason why the
task force committee was set up was the linkage of funds at the market,
but they (committee) were missing millions of Dalasis as reported in the
newspapers.
Continuing his testimony, the BCC CEO said, "This is my first time seeing
such a document," when he was shown a bundle of files containing task
force revenue collection at the market.

The Chairman, Justice Paul insisted that during his (Uthman) first
testimony he (Uthman) did not say that before the commission; that what he
was saying was an opinion but a fact at the same time. Justice Paul
further revealed to him that the commission received an information that
some of the task force committee were his (Uthman) boys and they (boys)
were giving him (Uthman) money which does not feature in the records for
his (Uthman) personal affairs; that that is why he (Uthman) was trying to
deviate from their appointment. He (Uthman) admitted that the commission
has gathered more information on the task force job than him (Uthman).
Mr. Uthman further explained what he meant when he said they were doing
more harm than good; that they (task force committee) should not have
collected tax and they were collecting it physically; that the task force
went further to reduce the payment rate of the warehouse stores at D20,
000.00 to D30, 000.00 which should not have been.

Mr. Uthman added that he last went on leave in 1993. Asked by Mr. Fagbenle
that for fifteen (15) years he (Mr. Uthman) did not go on leave, he
replied, "I last went on leave in 1993." The Chairman asked why he did not
go on leave since then and he replied that he was not the only one. The
Chairman asked again if he (Uthman) was given leave now whether he will
object to it, he (Uthman) replied in the affirmative. He (Uthman)
explained that right now the Council is drawing its budgets and also there
is a law suit against him under his position as CEO.

At this juncture, the Chairman revealed to him (Uthman) that the
commission has received information that he (Uthman) did not want to go on
leave because he is sitting on uncovered things that he (Uthman) does not
want people to discover when he goes on leave. To this he replied in the
negative saying that that is a fabricated information; that for the past
year to now, he has been suffering every now and then; that if he was a 20
or 30 year man he would have resigned. Justice Paul informed Mr. Uthman
that the commission is like a high court that is why it has legally minded
people.

Tuesday 7th December 2004
TESTIMONY OF MUSTAPHA LEIGH

Re-appearing before the commission, the Director of Technical Services at
Works and Construction Department, Mr. Mustapha Leigh said that apart from
the foreign account he told the commission in his first testimony he did
not have any other oversea account. Mr. Leigh also said that apart from
the contract he has mentioned before the commission in his first testimony
both inside and outside The Gambia, he has no other contracts. Asked what
will make other contractors feel that he should have such contracts than
the others he replied, "Sir I cannot answer that question, because I do
not award contracts." He added that he is a member of the tender board
committee by virtue of his position.

Asked how many of his friends or relatives have benefited from contracts
from his department, he replied, "none," but further said that there are
contractors who became friends after being awarded contracts, but denied
their friendship was based on a commercial basis.

Justice Paul revealed to Mr. Leigh that they (commission) received
information that he (Leigh) is one of those who opposed the commission.
Mr. Leigh replied, "All these, my lord, are fabrications and unfounded
stories." He pointed out that it is from his enemies. He further said that
he is serving a government that is steering this commission; that why
should he oppose this commission, and stated that he has left everything
in the hands of Almighty Allah (God).

TESTIMONY OF MALAMIN SANYANG

The second witness to testify was Mr. Malamin Sanyang, Principal Collector
at the Customs and Excise Department. He said that by 1994 he was Senior
Collector; that in 2003 he was promoted to Principal Collector at the
ASYCUDA and elevated up to date.

Mr. Sanyang admitted traveling officially, made savings from his per diem
and used those monies in his family affairs; that in 2001 he bought a
Mercedes Benz 190 at D55, 000.00 which he (Sanyang) later sold two months
ago at D95, 000.00 and bought another (same model) at D100, 000.00. Mr.
Sanyang denied purchasing or developing any property from 1994 to date. He
acknowledged receiving gifts from his brother, friends, others but not in
the course of his duty. He denied maintaining anybody outside The Gambia.
He also admitted spending his spouse's (wife) income the way he spent his
own income. Mr. Sanyang acknowledged share basis with his wife.
Continuing his testimony, Mr. Sanyang said in 1992 he was allocated a
property in the Kotu East and developed it in 1993. Mr. Sanyang said that
he has a savings and salary (current) accounts at Standard Chartered and
Trust Banks respectively. He denied any joint account with his wife. Mr.
Sanyang was given a question paper and asked to answer it in written form
by Mr. Emmanuel Fagbenle which he (Sanyang) did as instructed. He said he
works at ASYCUDA and Evaluation in Customs and Excise.

Sitting of Wednesday 8th December 2004
TESTIMONY OF LANG CONTEH

The former Central Bank Foreign Exchange Boss, Mr. Lang Conteh, on
Wednesday 8th December 2004 reappeared before the Paul Commission.
Mr. Conteh told the commission that he bought a Mitsubishi Pick Up truck
and in his first testimony he did not say that there was a court case
against him by T. K. Motors. He also said that the other vehicles were not
his own vehicles; that it was a joint company property; that that is why
he did not declare them in his first testimony.
Asked whether apart from Camelot, he is not a shareholder in any other
company, he replied that people assume wrongly. Mr. Conteh also revealed
that he was involved with cement mixers, which he loaded in a truck and
handed over to the Kanifing Court. He said that it was the last time he
heard about it. Mr. Conteh was shown a photocopy of a mixing machine which
he (Conteh) admitted owning adding that they (machines) were three (3).
Mr. Conteh further disclosed that he has sold a Cherokee vehicle for about
D105, 000.00. He was shown another Pick Up photograph which he admitted
owning, adding that the other two (2) are covered trucks. Mr. Conteh also
said that both Camelot and his two personal trucks were bought in 2001 /
2002; that the mixer in question was brought by one of their partners for
registration, but unfortunately the registration delayed and the truck
mixer never became operational.

Continuing his testimony, the former Central Bank forex boss reiterated
that there is nothing in the world that he will be ashamed to declare
because what he owns is earned from his toll. He was again shown a dumper
machine photograph. He also admitted buying a secondhand property at about
$1, 000 in 2002; that he later gave it out on loan to a hard working
Gambian lady by the name Jeck Cham. He promised to bring all the documents
to the commission. Mr. Conteh was also shown a photograph and he described
it as the road to his Destiny Multi-Purpose Cultural Centre. He said the
project (Destiny) cost him between D3.5 million to D4 million.
Asked how much he has spent on the construction of his tar road, he said
about D100, 000.00 adding that the CSE built the pavement free of charge.
Mr. Conteh said that the nation should be proud of that since it's a
public road. He described it as a good work and that the people should
commend him for it. He went on to say that he also put streetlights on the
way.

The Commission Chairman, Justice Paul called him to order and told him
that they (commission) are not condemning any of these activities, but
interested in knowing his financial commitments.

Mr. Conteh continued to say that the continuous lighting system of the
road to Destiny and the surrounding area cost him D500, 000.00. Mr. Conteh
was shown another picture for identification which he said was his Kotu
South property which he developed when he took a loan from the Central
Bank in 1994. He was shown another picture of a three (3) storey building
for identification. He replied that this was not his property and he does
not recognise it. He argued that he has declared all that he has. Then
Justice Paul put it to him that that the property is located in Kotu East,
and the information the commission received is that he built the building
for one Begay Ceesay. He then admitted going to the house but denied
owning the building and moreover, the building was there when he came
back. Another building picture was shown to him and he replied that this
was a property of one of his friends in Germany who is a German citizen
but a Gambian by birth. He explained that the man is working for an
airline and is even better off than him. The man, he said, is currently in
the country. He revealed that the property is in Kerr Serign. Asked by the
Chairman whether there is any reason why one can associate the property to
him, he replied, "My lord, that is unfair campaign against me." Justice
Paul responded that the information the commission received is that he
built the property for somebody. Mr. Conteh then protested that the
property is leasehold and the commission should have made their findings
to ascertain who owns the property. Justice Paul insisted that there are
people with properties in their name in The Gambia but do not really own
them. Mr. Conteh denied supervising the construction of the property but
admitted that he frequently goes there whenever the woman is in the
country.

The state counsel, Mr. Fagbenle continued to pass a document to him about
a property in Bakoteh, which he denied knowledge of. Another document
bearing the name of T. K. Motors from the License Office registered in the
name of Lang Conteh was shown to him. He denied registering that vehicle.
Mr. Conteh claimed that the vehicle in question is now in the courts, but
stated that the vehicle was supplied to him. He denied owning the
vehicle. "The suppliers," he said, "know whom the vehicle was supplied
to. "So why have they not gone to that person?" Mr. Conteh asked.

On Camelot Trading, Mr. Conteh said it is just like Camelot where they
used to sell foodstuff like rice but said that it has closed. Mr. Conteh
said that he spent about D500, 000.00 on Camelot Trading a year ago. He
denied any existing relationship between himself, Camelot Boutique,
Camelot Trading and Global Trading. He also denied sending some staff of
Red Air for training in Ghana. He described this allegation as a fallacy,
but was quick to say that the airline is operated by some Gambians who are
friends to him.

Mr. Conteh further revealed that he bought a container of tiles from Dubai
in the later part of 2002.

TESTIMONY OF VICTOR CARVALHO

The second witness to testify was the former Director, Gambia
International Airlines (GIA), Mr. Victor Carvalho. He said that by July
1994 he was in London as Station Manager / Flight Operation Manager; that
in August 1994 he was appointed Director of Operations and Technical
Services until February 1996. Mr. Carvalho said that with the birth of the
GIA in March 1996 he was appointed Managing Director (MD), GIA up to 31st
December 2001 when his service was terminated. He further reveled that his
salary as Director of Operations was D12, 000.00 per month; that as GIA MD
he was paid D13, 500.00. He acknowledged sitting on GRTS and GIA boards
and received D750.00 respectively per month.

Continuing his testimony, Mr. Carvalho said his Kololi property was
acquired in the mid 70s and built between August 1994 and December 2002.
He said the building cost him D750, 000.00 together with the furniture. He
also said that when he was in London as Flight Operation Manager, his
salary was D7, 500.00 plus allowance of £900 per month. Mr. Carvalho
revealed that he owns 40 % shares of Alvarega Travels. He said Alvarega
was opened on the 14th of May 2002.

The former GIA boss said that he has an overseas account in London (UK) at
a bank called Natwest, and also a local account at Trust Bank and Standard
Bank. Mr. Carvalho said that he took a loan of D250, 000.00 from GIA and
is still servicing an outstanding balance of D44, 850.00 and other
supplementary loans. Mr. Carvalho denied being personally queried during
his tenure. He also said that upon terminating his service he was paid
D210, 734.83 by Social Security and he (Carvalho) used D100, 000.00 in his
building construction. He finally said that as MD, Alvarega he is paid
D14, 000 per month.

Sitting of Thursday 9th December 2004
TESTIMONY OF MUSTAPHA NJIE

The Kanifing Municipal Council (KMC) Chief Executive Officer, Mr. Mustapha
Njie was recalled to the Paul Commission. Mr. Njie said that between 1991
to 2002 he was receiving D500.00 per month as sitting allowance and this
increased to D1, 000.00 in 2003 up to date.
State counsel, Mr. Emmanuel Fagbenle put it to him that their records show
that he (Njie) processes assignment of land at the Lands Office, which he
later sold, he replied in the affirmative, adding that that property was
mentioned in his first testimony. Mr. Njie revealed that between 1976 and
1979 he was overseeing the collection of rates and taxes. Mr Njie said
that he is an ex-officio of the Council from 1991 to date.

TESTIMONY OF ABDOULIE CONTEH

The second witness to be recalled was the Kanifing Municipal Council (KMC)
Mayor, Abdoulie Conteh. Mayor Conteh was asked by Mr. Fagbenle whether he
(Conteh) knows one Janneh Mendy. Mr. Conteh replied in the positive. Mr.
Fagbenle put it to him that he (Conteh) was involved in a land transaction
with Mr. Mendy around the Coastal Road. He replied in the negative. Mr.
Conteh also acknowledged knowing one Abdoulie Faal, adding that he (Faal)
was a former Rent Collector. Asked whether he was aware of that man's
recent arrest, he replied in the negative. On whether the arrest was in
response to revenue collection, he said he did not know because according
to him, that is the responsibility of the CEO. Asked whether he
contributed towards developing his mother's property, he replied in the
negative.

Continuing his testimony, the KMC Mayor denied owning any bar or
restaurant in Senegambia or somewhere else. He also said that his wife
owns a restaurant. Mr. Conteh reiterated that he is still standing by his
earlier position, that he was not authorised to say anything that belongs
to his spouse. He further denied acquiring any property in Spain.

Justice Paul asked him how he would react to the information that it was
not possible to say to that. Justice Paul told him that if the commission
could not locate his spouse, it is his (Conteh) responsibility to provide
her before the commission.

At this juncture, Mr. Fagbenle applied for Conteh's wife to be summoned.
Justice M. A. Paul accepted the application for the witness' spouse to be
summoned through him (the witness). Mr. Conteh said he couldn't provide
the information of when Abdoulie Faal left the KMC service. Mr. Conteh
denied that Mr. Faal ran into trouble, because of his preparedness to
provide information regarding he Mr. Conteh's assets.

In adjourning the Chairman, Justice M. A. Paul said, "The commission is
hereby allowing the witness to stand down as prayed by Council
accordingly."
When Mayor Conteh was given the summon of the commission assets
declaration form by the Secretary, Mr. Noah Touray, he rejected it and
said he was sworn in office as an individual, but not with his wife.

The Fight Against Locusts
Who Is Winning?
By Yaya Dampha

When the threat of a locust invasion became real, the government started
making preparations to deal with any invasion. They promised to leave no
stone unturned to deal with the locusts when they invade. Since the locust
invaded the anti locust campaign teams supported by the villagers have
been battling with them. When we got in touch with the Permanent
Secretary, Agriculture, she said that the measures taken in the fight
against locusts are adequate. She claimed that they have the resources and
are well prepared to contain the locusts. She further claimed that aerial
spray was not necessary for the time being because they are able to tackle
the locusts. Below is a series of articles by our provincial
correspondent, Yaya Dampha. The article reveals lack of financial and
material resources as well as logistical problems. Read on to see for
yourself.

MILLIONS OF LOCUSTS INVADED FARAFENNI WHILST THE CAMPAIGN TEAM RUNS OUT OF
CHEMICALS

On Saturday 11th December 2004, FOROYAA received information about locusts
in and around Farafenni in the North Bank Division. When this FOROYAA
reporter arrived at the Bamba Tenda rice fields he saw the swarms of these
voracious pests within the area. In Farafeeni town it self locusts could
be seen every where around the town. This reporter proceeded to the chiefs
compound where he met the team leaders on their way to the fields. When
the team arrived at the sites they found other team members sitting on the
road side while the locust could be seen in their millions. When this
reporter enquired he was told that their chemicals had exhausted and they
had made communications to their main office in Kerewan. When asked
further, Mr. Lamin Kinteh, Agric Coordinator said that the locusts had
been around since they entered around Panchang and Baobolong. He said that
since then they have been fighting against these dreadful insects.

Mr. Kinteh commended the efforts of the soldiers at Kudang and Farafenni.
According to him since the 1st of December when the locust invaded, the
Agricultural Pest Management Unit and soldiers have been very well
fighting the locust until they went back to Senegal, only to be followed
by another big swarm of brown and red locust. Mr. Kinteh stated that
locust had invaded almost the whole of North Bank. He said many Casava
farms and fruit trees have already been devastated. Kubada, Ndankang-
ndankang, Macca Farafenni and Dutabulu are the new areas of invasion for
the insects; that although groundnuts have been harvested, most of our
major crop, rice is yet to be completely ready for harvest. He noted that
some vegetable gardens are also affected. In some areas, the locust have
already destroyed mango, guava and cashew trees.
When this reporter informed him that the government is saying that they
have won the battle against the locusts when the insects can still be seen
in millions, Mr. Kinteh said no; that the battle is just starting, because
anytime the locust are driven from one area they move to other areas; that
he cannot call it over hence many more swarms are still coming in. He went
on to call on the farming communities to be both cooperative and mindful
during the cause of the campaign. He said people should not be moving
around treated areas and also they should not be grazing their animals
there for fear of chemical reactions, which is very toxic.

Mr. Kinteh confirmed to FOROYAA that the campaign team members are
receiving (D1500.00) One thousand five hundred dalasis monthly since
August after training them at Jenoi. But also stated that the Security
Forces are not included in this allowance. However when I asked the
officer commanding the team of soldiers attached to the locust campaign
team 2nd Lieutenant Dembo Jarju of the 2nd Infantry battalion why his men
are not included on the allowance list, he said he cannot comment as he is
also deployed for the operation.

INSUFFICIENT RESOURCES HINDER THE PROGRESS OF THE ANTI-LOCUST CAMPAIGN

During the course of the campaign to fight against the invading locust in
and around Farafenni, the head of the Agric Anti-locust Campaign team Mr.
Lamin Kinteh said that at present the teams in every district have only
one vehicle and not more than fifteen motorized and hand held
sprayers. "This is actually hindering the movement of the locust fighters,
especially in other villages," he remarked. Mr. Kinteh said that inorder
for them to be able to effectively fight and tackle these invading
locusts, they need more chemicals equipments and vehicles. He said the
whole of Upper Baddibu is relying on only one vehicle mounted with ULV,
and that there is out break in five or six areas at the same time but this
lack of adequate equipment and materials restricted them to concentrate
only in Farafenni, where the invasion is becoming disastrous. He said that
whilst they were outside Farafenni reports were coming of outbreaks in
Kubandar, Ndanka and even the Baobolong and Tankanto areas.

16 DAYS ACTIVISM ENDS
The March for Dignity
By Amie Sillah

The 16 Days Activism has come to an end. It started from November 25th to
December 10th. November 25th celebrated as Eradication of Gender Based
Violence. December 1st celebrated as World Aids Day. December 6th
celebrated as the Montreal Massacre where 14 engineering students were
shot down by a male chauvinist for being feminist. The three Mirabel
sisters were also tortured and brutally killed in the Dominican Republic
in December by the state security forces. December 10 celebrated as the
Universal Declaration of Human Rights Day marked the end of the
celebration.

December 10 was dramatic. The women NGOs, African Centre and specific
government institutions e.g. National Commission for Civic Education
(NCCE) and Women's Bureau, the Media Houses mobilized a lot of women to
mark the end of the day. The turn out was very impressive. Women from all
works of life started their march from July 22nd Square to the House of
National Assembly. The women filled the legislative chambers full to
capacity and waited for the arrival of the Speaker.

The co-Chairperson of the Gender Action Team, Dr. Isatou Touray gave a
speech. The other co-Chairperson, Mrs. Hannah Forster has traveled out of
town.

Dr. Isatou read the Declaration; that the process started from October
2nd, 2004 which witnessed the consultative workshop where members of civil
society and relevant government institutions gathered and discussed the
Protocol to the African Charter on Human and People's Rights on the Rights
of Women in Africa. The Gender Action Team was born from the consultative
workshop. Some people resisted the Protocol out of ignorance. The Gender
Action Team decided to hold workshops throughout the length and breadth of
The Gambia to demystify the Women Protocol. Women and men were sensitized
on the Protocol. The Protocol deals with every aspect of women's life be
it political, economic and socio-cultural. The Protocol is not re-
inventing the wheel. It is just trying to reinforce what is already here.
The celebration is calling for partnership with men who care. It does not
conflict with Islamic principles. The women of The Gambia are behind the
bill and are calling on the Gambia legislative to ratify and implement the
Protocol by domesticating it into our national laws.

Isatou called on Honourable Nyimasata Sanneh Bojang to hand over the
Protocol to the Speaker of the House of the National Assembly. Nyimasata
was the first female elected member in the first republic.

The Speaker, Honourable Sheriff Mustapha Dibba, took the floor. He
commended the women's stance as noble and formidable; that no meaningful
development can take place without women's participation. Women form 50 %
of the population. He said every National Assembly member has a copy of
the Protocol. He promised the women that he is sure the National Assembly
members would ratify the Protocol and he will give full support if the
Bill is tabled before the National Assembly.

IEC NOMINATION TODAY
By Sarjo M. Camara

The Chairman of the Independent Electoral Commission (IEC), Gabriel
Roberts will today, Monday 13th December 2004 preside over the nomination
of candidates for the Old Jeshwang Ward by election in the Kanifing
Municpal Council.

According to reports the APRC will nominate one Ma Sanneh Jawara and the
coalition will nominate Junkungba Dukureh as their candidate.
As our readers can recall the Councillor's position became vacant three
months ago. The Councillor, Michael Tamba resigned to pursue further
education in the UK.
Campaign will start on Wednesday the 15th December and end on the 28th
December. Election day is on the 30th December 2004.

Masanneh Jawara was born in 1961 at Baddibu Kerewan, he attended Kerewan
Primary and the Banjul Secondary Technical School where he completed his
education in 1978, and he also did a correspondence course in 1994 with
the Institute of Swimming Pool Engineering in the UK. He is a member of
the APRC Youth wing. Prior to joining the APRC he was a sympathizer of the
National Convention Party. He now works for the University of the Gambia
as a security officer. He was selected by the APRC committee in Jeshwang
and endorsed by the APRC Bureau.

Junkungba Dukureh was born in 1952 at Baddibu Kerewan. He attended Njawara
Primary and Kerewan Secondary School, he was a sympathizer of the National
Convention Party. He contested for the council election in Old Jeshwang
Ward in 1991 on an NCP ticket but was defeated by Bunama Ceesay by 42
votes (the then PPP candidate). After the banning of the NCP he joined the
UDP. He completed his schooling in 1973; he joined the Agriculture
Department in 1974, where he worked up to 1985. He is a social worker and
currently plays an active role in the smooth running of the Old Jeshwang
clinic.

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