Issue No. 52/2005, 4-6 June, 2005

Editorial

THE GROUNDNUT TRADE SSHFC Guarantees GAMCO 120 Million

The contribution of 57.8 million dalasis by public enterprises as shares which amount to 29% of the share capital of the company and the loan of 120 million dalasis from the Guaranty Trust Bank and the Trust Bank which is guaranteed by Social Security confirms that GAMCO would not have been able to operate without public enterprises.

Social security is the custodian of the entitlements of pensioners. Its funds should have been going to build low housing scheme for those who are contributing their share to the income of the corporation. It is not common for public corporation and private companies to collapse because of risking business practices. The Continent Bank is one example. The former GPMB is another example. The social security and housing finance corporation is to provide social security to workers who are among the poorest of the poor.

Why did GAMCO need guarantees from a public corporation to raise 120 million from the banking system if its private investors had the hundreds of million of dalasis that the former SoS for Agriculture claimed.

Trade is concerned the private investors are either unwilling or incapable of bringing foreign direct investment to finance the groundnut trade. They are simply relying on local resources to make profit. If social security and other public corporations are to provide the funds the cooperative union should have been resuscitated to purchase the crop and plough the profit back into the purchase of fertilizer and agricultural implements for resale at reasonable prices to farmers.



SUPREME COURT SITS TODAY

The Supreme Court of The Gambia, the highest court in our dear land is to preside over the case of four National Assembly members, relating to the vacation of their seats. Judges may be flown in from abroad tand/or appeal court judges may be coopted to join the only two resident Supreme Court judges in order to constitute a full panel of the judges. It seems the desire is to expedite the case.

The Supreme Court can sit to hear appeal cases from lower courts (appellate jurisdiction). It can also sit to hear cases at first instance (original jurisdiction). Its decisions are final and cannot be altered or reversed by any person or authority.

Some cases can only be dealt with at first instance by the Supreme (exclusive original jurisdiction). One such case is whether or not a National Assembly Member vacated his/her seat. No other court can preside over such a case.

This  is why the four opposition National Assembly members, namely, Halifa Sallah, Hamat Bah, Sidia Jatta and Kemeseng Jammeh, filed a suit in the Supreme Court when the clerk wrote a letter to the Independent electoral Commission (IEC) informing them that their seats are vacant and that by-elections should be held in their respective constituencies.

The issue before the court is whether the clerk or any authority other than the Supreme Court has authority to declare a seat vacant as implied in his letter. The Speaker of the National Assembly has claimed in a subsequent statement that he informed the clerk of the vacation of the seats after “consultation”. The court may consider whether the Speaker has such authority.

The position of the four opposition members is that the clerk acted unconstitutionally and beyond its powers when it declared the four seats vacant contrary to section 127 which makes the Supreme Court the sole authority. The position of the state is that the clerk acted properly and within the ambit of the law. The position of the IEC is that the action of the clerk contravenes section 127, which gives sole authority to the Supreme Court.

If the court decides that the clerk acted properly and within the ambit of the law, it will endorse the decision of the clerk and ask the IEC to proceed with by-elections. If, in the other hand the court decides that the clerk acted unconstitutionally and beyond its powers, it will revoke its declaration, bar the Speaker or its servants from interfering with the four members’ occupation of their seats and bar the IEC from holding by-elections in the respective constituencies. This is how matters stand. Let us see what will happen today.

Needless to say, the no nonsense Chief Justice has already set the pace during the hearing of the interlocutory application. Counsels must be prepared. No “dilly dallying” will be tolerated. Counsels have to go straight to the point and state their position, citing the relevant law to back their position. One left the proceedings with the impression that the Supreme Court is not a talking shop for empty chatter.



JAMMEH’S CONTRADICTORY SIGNALS ON OIL AND GAS

By Surakata Danso

The announcement by GRTS Radio on Wednesday, the 29th day of June, 2005, that President Jammeh, continuing his three day tour of Asia, had contracted a giant Indonesian oil company for the feasibility study of oil exploration in the Gambia, motivated me to raise questions on whether the announcement was not in contradiction to the first television statement, made by the same President on the 13th day of February 2004 in which he announced that the discovery of oil and gas, had been confirmed to him by a western company contracted to conduct the study. The President had failed to inform the nation of the name of the Western companies. He had asserted that the company had completed evaluation of 2,000 sq km of deep water and 3,000 sq km of shallow water of the Gambia’s Maritime on and off shores. He promised that before the end of the year 2004, an exploratory well will be drilled, which will mark the end of poverty and hunger in the Gambia, by creating a new future. Jammeh finally
 told the nation that since 1956, during the colonial era, there had been efforts to explore the existence of oil in the Gambia and that even the Canadian company, Petro Canada International, which was contracted by the former government, had failed. The President needs to explain to the nation, now that he has returned, which of the two remarks explains the real situation regarding oil and gas deposits in the Gambia. Failing this Gambians should simply disregard what he says and wait for results.



AMRC ACCUSED OF DEFRAUDING THE STATE



By Bubacarr K. Sowe

The National Assembly Select Committee on Reports and Financial Statements of Public Enterprises, has presented its report on the Assets Management and Recovery Corporation (AMRC) to the National Assembly. In its inquiry, the Committee found that the AMRC has been engaged in the selling of state owned lands to certain individuals at give away prices.

Reading the report at the National Assembly on Thursday, the Chairperson of the Committee and Deputy Speaker, Hon. Belinda Bidwell, disclosed that the AMRC has sold land to Messrs. Walid Bourji, Hassan Zeitoun, Ahmed Zeitoun and Godwin Chyke at give away prices, who subsequently subdivided the plots and sold them at exorbitant prices.

Hon. Bidwell added that after a series of interviews with the present management of AMRC, the committee observed that the Operations Manager, had misinformed and concealed information as substantiated by a memo to the Operations Manager, from the Acting Managing Director and that the response were both dated ‘28th February 2005’. She went on to say that the AMRC had wrongfully sold lands that were not within their mandate, one of which landed them in court with one Ms. Wadad Ruhl and that they sold land without tender procedures and at under-valued prices.

According to the report, the committee has recommended that the AMRC must terminate the services of the private surveyor with immediate effect and the properties of Messrs Ahmed Zeitoun, Hassan Zeitoun and Walid Bourji in the compensated area in Bijilo, be forfeited to the state for the following reasons: (1) the un-genuine nature of the compensation; (2) lying to the committee under oath; (3) tax evasion by deliberately under-valuing land to less than 50%; (4) purported lost land is state land and (5) sketch plan by AMRC being fictitious and therefore unrealistic. The report therefore recommended another land to be allocated to Mr. Alagie Joof by the AMRC, the return of Alh. Bunja Bayo’s plots situated at Kololi within 90 days commencing on 1st July, 2005 and that all land transaction involving Mr. Godwin Chyke be suspended with immediate effect, as he could not be contacted by the committee to clear issues.

The AMRC was established by an Act of Parliament in 1992 in order to recover unpaid loans issued by the defunct Commercial and Development Bank. The AMRC has been able to acquire a lot of landed properties in cases where debtors still failed to pay. These properties had to be sold, rented or maintained. This is how AMRC became involved in land deals, which the member for Upper Saloum, Hon. Hamat Bah alleged were shady deals involving a high court judge, Justice Paul, who was then the legal adviser at AMRC. This is what led to an inquiry by the parliamentary committee headed by the Deputy Speaker.. The report presented to the National Assembly last week, which indicts Justice Paul, is the outcome of this inquiry.



VP PUSHED TO THE CORNER



By Abdoulie G. Dibba

During the question-and-answer session, the Minority Leader and National Assembly member for Serrekunda Central Hon. Halifa Sallah, raised the following question: “Mr. Speaker, would the Secretary of State for Finance and Economic Affairs indicate to this National Assembly, how much money the external auditors found to be mismanaged in the Central Bank of The Gambia and further explain whether the 2004 Annual Report of the Central Bank to the National Assembly will also include facts and findings regarding the Audit report?” In response, VP Njie-Saidy indicated that the external auditors, Deloitte and Touche of South Africa in their re-audit of the Financial Statements of the Central Bank for the years 2001 and 2002 have not established that there has been any mismanagement of funds in the Central Bank. She said that the accounts of the Central bank for the financial year 2004 have not yet been audited; that the auditors engaged for this purpose, Deloitte and Touche of The Gambia,
 are still in the process of finalizing the 2003 audit. She indicated that the 2004 audit will be started as soon as the 2003 audit is concluded; that the 2004 Annual Report of the Central Bank will contain the audited financial statements for that year. In a supplementary question, Hon Sallah raised a question regarding the missing D417 million and VP Njie-Saidy answered by saying that she was not the Secretary of State for Finance.



CNN DECORATES LATE DEYDA HYDARA

In yet another historic and emotional moment, the co-proprietor and Managing editor of The Point newspaper, the late Deyda Hydara, was awarded an African journalist Award 2005 by CNN Multi-choice held in Nairobi, Kenya, on 25th June.

The late Hydara was among sixteen other journalists awarded by CNN. The initiative was taken -with the aim of establishing some fundamental principles of safe-guarding and promoting objective, accurate and fair reporting. It was also done to develop a cadre of African journalists who would independently and honestly interpret key issues in Africa for Africans and the rest of the world. Furthermore, it was affected to recognise, encourage and reward excellence in journalism in Africa. It is realised that Africa has witnessed a decade of which these key tenets of professional journalism remains at the core of what this competition stands for.

“From the very beginning of this competition, I have been overwhelmed by the power of the stories and the perseverance and resolve of such talented young men and women,” CNN Managing Director, Chris Cramer said. “They frequently work in the most challenging conditions to bring to our attention events of real significance, while maintaining the highest principles of editorial integrity. I would like to congratulate all the finalists of the CNN Multi -choice African Journalist 2005 competition and thank them for their courageous pursuit of journalistic excellence.

The widow of the late Hydara, Mrs Marian Hydara, who received the award, with her daughter Nelly, told The Point on her return from Kenya that she felt proud in receiving the award on behalf of her late husband.

“The fact that Deyda has been recognised keeps us going,” said Mrs Hydara, adding that she and her family thank God that Deyda’s work did not go in vain.

“My late husband is a dedicated journalist and I am happy that he has gone but  is not forgotten,” she noted. Aunty Maria, as she is commonly called, thanked the CNN Multi-choice for the award. “I would also like to thank those people who nominated my late husband for such an award” She concluded.



MIXED FEELINGS GREET JUSTICE TAHIRR AND CO APPOINTMENT

The appointment of Justice Tahirr, Justice Belgoreh and Justice Savage as Appeal Court judges has received mixed feelings.

The promotion of the aforesaid judges will resurrect the Gambia Court of appeal which was virtually dead. Following the departure of Justice Okoi Itam and Justice Wallace Grante, and the subsequent promotion of Justice Gibou Janneh to the Supreme Court, the Gambia Court of Appeal was seriously handicapped due to lack of judges. There were instances when Justice Tahirr and Justice Belgoreh had to be co-opted in order for the Court of Appeal to have a quorum. This has affected cases at the high Court due to the fact that Justice Tahirr and justice Belgoreh had on series of occasions adjourned matters which were meant for hearing at the High Court.

The promotion of the three High Court judges to the Court of Appeal will give hope to the appellants who are eager to have their appeals heard. Appellants who are waiting for a possible hearing of their cases are bereft National Assembly members Baba Jobe, Musa Suso and businessman Ndeneh Faal.

However, the promotion of these judges means that the bag-log of cases at the High Court risk dragging. According to the 1997 constitution, the High Court should have seven judges in order for it to be fully constituted. Presently there are only six High Court judges in the country, namely: Justice Tahirr, Justice Savage, Justice Belgoreh, Justice Paul, Justice Yamoa and Justice Izuako. The appointment of these three judges as justices of the Appeal Court means that the High Court is left with only three judges.

Presently some of the High Court judges have over hundred cases in their courts.

If the state secures the service of other commonwealth judges, then litigants’ fear will be laid to rest. Suffice it to say that the appointment of Justice Tahirr and his colleagues will unequivocally fill the dent at the Appeal Court.



PEOPLE TO PEOPLE RELATIONSHIP



Amie Sillah Reporting

The Gambian delegation that visited Sweden comprised of three persons. Fatou Janneh, a youth activist, Faye Suso, the coordinator of CODI and Amie Sillah, the initiator of WODD. The visit started from the 17th June to the 30th June. The exchange visit came as a result of the cooperation of partnership between ABF/WODD/CODI. ABF is a Swedish worker organisation. WODD is Women for Democracy and Development. CODI is the Constituency Development Initiative. CODI is a programme initiated by the National Assembly member for Serrekunda Central Constituency. The people’s Centre provides meeting and training facilities for Youths Associations, Disabled Peoples’ Associations, Humanist Movements and other civil society organisations. The People’s Centre maintains a library providing service to schools and university students. It also provides them with an IT training facility. CODI conducts Adult Literacy programmes to 13 communities in the urban, peri-urban and rural areas funded by the ABF
 through the Olof Palme International Centre for Democracy, Human Rights and Peace.



Faye Suso, CODI Coordinator reflects on the visit.

Question: What was your impression of the exchange visit?

Answer: The exchange visit was meant to consolidate what already exists and also to expand into other areas. We were able to meet different organisations not to learn or give new lessons but to share experiences in order to foster better understanding to achieve the desired goal. Development is about people; their understanding and appreciation of each other; their empathy, care and concern to ensure each other’s dignity, peace and prosperity in genuine partnership. The People’s Centre has its dream to achieve such a partnership relationship with the world’s people.

Question: Who did you meet during the trip?

Answer: We met the Gambian community; women’s organisations; youth organisations; disabled people’s organisations; visited schools, some historical, cultural and environmental sites.

Question: Have the trip registered concrete plans?

Answer: The exchange visit was about programmes. We have strategized and concretely came up with programmes to link WODD with women in the county of Jamtland in Sweden. To link some of our disabled people’s organisations with a similar organisation in the county of Jamtland; also some youth organisations with a similar youth organisation.

Question: Was the trip successful?

Answer: Very successful, the fruitful exchanges, the concrete plans. There is high hope of mutual benefits between the two communities.



Fatou Janneh, A Youth Activist Reflects On the Trip

Question: What was your impression of the trip from a youth perspective?

Answer: First of all, the trip served as an exposure for me. It was an opportunity to meet youths, women and disabled peoples’ organisations and exchange views and ideas with them. We also visited some politicians, some historical, cultural and environmental sites. My interaction with women who share similar vision was indeed thrilling and impressive. My colleagues in Sweden were eager to learn about youths in The Gambia. The experience was mutual and the sharing was exciting and impressive.

Question: What did you find most interesting during your visit?

Answer: Everything was interesting. But the most interesting aspect was the knowledge that Sweden even though a social welfare state and the Social Democratic  Party is in power, men and women receive unequal pay for equal work. This was shocking news to me.

Question: Do youths in the Gambia share similar problems as Swedish youths?

Answer: Yes, we do share some problems such as drugs, alcohol and gender based-violence. But we also have our differences because we live in different environments. Unemployment is also an issue of Swedish youths. We in the Gambia has a poverty percentage of 69% and our youth population stands at 65%. Unemployment is very high in The Gambia, as well as underemployment and poor wages. This situation triggers the ‘Nerve” syndrome ‘Going to Babylon’ for greener pastures in our youth population.

Question: How can the two youth population help each other to develop?

Answer: Learning each other’s culture. How to fight drug and alcohol abuse; how to fight gender based violence and other harmful traditional practices should pave the way for our mutual development.

Question: Was the trip a success?

Answer: indeed it was. There was effective communication between us and our hosts. There was real solidarity.

Question: What message do you have for the youths of the two communities?

Answer: As young people we should set goals for ourselves and work diligently to achieve them. Society cannot move forward if the youth population engage in activities detrimental to their political, social, economic and cultural wellbeing. Our present activities determine our future personality.



Amie Sillah, Initiator Of WODD Reflects On The Trip

Question: What was your impression of the trip?

Answer: The trip was quite impressive. I appreciated every bit of it. As I always say, women have their commonality, their differences, their divergences and their specificities. The trip has asserted this view. When we visited the women shelter in Ostersund that’s what was narrated to us. Women in the Jamtland County suffer gender-based violence as women in the Gambia. The picture in Jamtland is the picture in the whole of Sweden. When we arrived on the 17th June the newspapers reported of seven rapes in Stockholm alone over the weekend. Women are raped and violated. Domestic violence is still rampant.

Question: Do men help women in household work?

Answer: When I asked the women shelter Director that question she replied in the positive but still with a ‘but’ she said mechanization has eased women’s household drudgery unlike the Gambia but still some men shy away from household chores.

Question: How are the children socialized?

Answer: According to the Shelter Director, Jessica Rundberg, there is still some problems in socialisation. She gave the example of her son who still believes in work stereotyping but has no option but to do his share of the household chores. In the Gambia household chores stereotyping is the norm.

Question; How can women in Europe cooperate with their sisters in Africa?

Answer: Africa is not poor. It is the richest continent inhabited by the wretched of the earth.



---------------------------------
How much free photo storage do you get? Store your holiday snaps for FREE with Yahoo! Photos. Get Yahoo! Photos

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html

To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤