Foroyaa Newspaper Burning Issue
Issue No.57/2005, 21-24, 2005
Editorial
IEC ADDENDUM LEARNING FROM GHANA
In the editorial of the last issue we talked about the need for the independence of the ensuring security of the tenure of office. It goes without saying that an official from whom independence and impartiality is required, needs to free himself/herself from all threats, blackmail and other influences in order to make just, proper and impartial decision. He/she would find it difficult to make a decision if he faces a threat of dismissal from that power that be. He or she would tend go hesitate to make a decision that would hurt the power that be, even though such decision is right.
Under our constitution, the president appoints members of the commission who serve a seven year term. He/she may reappoint any of them to serve another seven year term. He/she can remove any of them on the ground of inability, disqualification or misconduct but before doing so he will appoint a panel of three judges to inquire into the allegations. This procedure ensures transparency and good conduct by electoral commissioners. It also ensures some form of security of tenure. But practice has shown that it can be abused. A president can remove an electoral commissioner he/she dislikes from office.
Under the Ghanaian constitution, the procedure adopted makes the president a lame-duck in the affair, so to speak. In short, the president in this instance is a facilitator who forwards a petition and acts on recommendations. In other words, if the president receives a petition for the removal of the chairman or deputy chairman of the electoral commissioner, he/she should simply forward it to the chief justice who will examine it. If the Chief Justice finds a prima-facie case he will appoint a committee of three judges and two other persons to enquire into the complaint. The committee shall make its recommendations to the chief justice who shall then forward it to the president. The president is obliged to act in accordance with the recommendations of the committee.
Furthermore, while under our constitution the president takes the initiative to appoint whoever he/she deems fit, Under the Ghanaian constitution he/she is obliged to act in the advice of the council of state, an advisory body, when appointing an electoral commissioner.
The NADD has to review the procedure established by our constitution for the appointment and removal of an electoral commissioner, particularly the chairman, in order to ensure greater security of tenure. This will strengthen the IEC and given it greater audacity in making decisions. Future presidents will therefore become lame-ducks in manipulating the IEC.
In our view, the president sees independent minded and impartial electoral commissioners as supporters of the opposition. This means that now more than ever the IEC needs men and women of integrity; unshakable men and women who are guided by the dictates of their conscience and the national interest; noble men and women who will dare to struggle and go against the tide to make independent and impartial decisions. These are challenges for each and every member of the IEC. Will they rise up to expectations? That’s for history to record.
Needless to say, if they rise up to expectation, their children and grandchildren will tomorrow lift their heads high and proudly tell their mates. “My parents and grandparents served their nation with dignity.” If they do not rise up to expectations their relatives will not be happy and proud of them, and history will not take kindly to that.
FUEL PRICES
INCREASED
WHAT THE PEOPLE SAY?
Annia Gaye & Isatou Bittaye
The sudden increase in the price of fuel has generated debates in all sectors of society, prompting many commuters to contemplate whether this will have any effect on transport fares. Our reporters, conducted interviews with different stakeholders in a bid to feel their pulses on the issue.
Readers could recall that the Department of State for Finance and Economic Affairs has recently issued a press release informing the public the increment on the cost of fuel. The release have it that the price of diesel is increase from D21.50 to D25.00 per litre, whilst the price of petrol is increased from D22.00 to D27.00 per litre, representing an increase of 16.30% and 22.77% respectively.
According to Ebou Faal, a commercial vehicle driver, the sudden increase in the price of fuel is creating problems between the commercial drivers and their employees. He pointed out that some of the commercial drivers who used to earn five hundred dalasis daily, are now earning about three hundred and fifty dalasis daily. He said this unexpected development has led some of the vehicle owners to mistrust their drivers, because they held the view that their drivers are cheating them. He noted that members of his committee will hold a meeting on the issue and communicate the outcome of the meeting to the drivers. Mr. Faal urged members of his association to exercise patience.
Another commercial driver, Bakary Darboe, pointed out that the commercial drivers were not expecting an increment on the price of fuel. He said this increment will not only affect drivers, but it will also affect passengers.
For his part, the president of the Serrekunda Car park commercial drivers association, Mr. Sait Ceesay, said the government should tell them of any changes it intends to make regarding the present tariffs. He noted that they will convene consultative meetings countrywide in a bid to discuss the increment on the price of fuel. He urged drivers to exercise patience and desist from actions that are aim at changing the status quo.
A pump attendant interviewed by our reporter, said there is increase in the price of fuel worldwide, noting the Gambia is not the only country that is affected. The pump attendant said the exporters of this precious commodity are the people responsible for the sudden increase in the price of fuel worldwide.
A commuter, who is pessimistic that drivers will increase fares, said a change on the status quo will have a serious effect on the lives of the ordinary people who commute daily.
There are some people who are of the opinion that commercial drivers should not increase transport fares, because the last increment on fares was very high.
PROPRIETOR OF HARRY’S
SUPERMARKET IN COURT
The criminal trial involving the state and the proprietor of Harry’s Supermarket, Shell Select Food Store and Sony’s Supermarket, Surresh Kumar Wadwani, resumed at the Kanifing Magistrate Court on Tuesday before Magistrate Mboto. The accused is facing two criminal charges for allegedly selling expired food items.
When the matter resumed on Tuesday, the first prosecution witness, Sheriff Badjie, a medical officer, entered the witness box. Sheriff Marie Tambedou, the defendant’s counsel, applied to tender health certificates issued by the medical and health department to the accused person. The medical certificates which are dated 12th July 2005, were for Harry’s Supermarket, Shell Select Food Store and Sony’s Supermarket.
At this stage, the leading prosecutor Chernor Marenah stood up and objected to the tendering of the health certificates.
“We are objecting to this piece of evidence on the basis of relevance. The charge against the accused person is relating to expired food stuff between the year 2002 to February 2005. I refer your worship to the charge sheet. The three receipts sought to be tendered are dated 12t July 2005. it is my submission that these three receipts are not relevant at all for the trial before this court. The ultimate test of admissibility of any evidence is relevance, and that is provided for in section 3 (1) of the Evidence Act 1994. it is crystal clear in the Evidence Act that any evidence that is not relevant, is not admissible. Receipts dated 12th July 2005 are not relevant to the determination of an issue before that date. On those grounds, I urge your lordship to reject that application,” counsel Marenah remarked.
In supporting his application Sheriff Marie Tambedou urged the court to overrule the objection raised by the prosecution. Mr. Tambedou said the court has the power to admit relevant and irrelevant facts.
“Your worship can admit a fact because it is relevant to an issue. Your worship also has power to admit an irrelevant fact that is connected to an issue by virtue of section 11 of the Evidence Act. Your worship has done so previously in this case. The rason data is to tender the evidence to show that the accused has a history of compliance. This is why your worship admitted DE 1, DE 2, DE 3, DE 4, DE 5 and DE 11 which are certificates issued by the Health Department to Sony’s Supermarket and Shell Select Food Store even though the subject of the charge sheet is Harry’s Supermarket. Both counts one and two relates to Harry’s Supermarket, but DE 1 to DE 5 are admitted because they are connected to a relevant fact. The power to admit or not to admit documents with or without objection is rest with the courts’. For this reason, I urge your worship to overrule the objection, he argued.
In her ruling, the trial magistrate ruled that the documents sought to be tendered have a bearing on the case, and it is for the interest of justice that the court is admitting it in evidence. The documents were admitted in evidence and marked defence exhibit 12 to 14. Mr. Tambedou later asked the witness, Sheriff Badjie whether he did sign exhibit 12 to 14. The witness answered in the affirmative. At this juncture, Sheriff Tambedou told the court that he has no further question for the witness. The witness was asked to step down.
LACK OF
ATTRACTIVE PAY A PRELUDE TO HIGH ATTRITION
The SoS for the Interior, Baboucarr Jatta, indicated in the National Assembly, that he is aware of the high attrition rate affecting the Health section and indeed the wider civil service. He pointed out that several reasons may be given for this high attrition rate. He said the remuneration and incentive package offered by competitors are more attractive than what we can currently afford. SoS Jatta further said that the lack of structured and career pathways that enhance progression are limited in some professions. SoS Jatta made these comments as he was responding to a question on behalf of the SoS for Health and Social Welfare, raised by the Member for Janjangbureh, Hon. Musa Sillah.
PEOPLE OF JARRA WEST RESOLVED TO ELECT KEMESENG
By Yaya Dampha
During last week Wednesday’s meeting organised by the NADD Divisional Chairperson in LRD, the outspoken people of Jarra indicated that voting back Mr. Kemeseng Jammeh to the National Assembly will not affect their farm work this season.
During the meeting Mr. Saihou Kinteh of Pakalinding, said that they are ready to send Kemeseng or any other person selected by NADD to contest in the forth coming by-elections back to the National Assembly. Mr. Kinteh dismissed rumours that the people of Jarra West are not going to vote for NADD in the forthcoming by-election. He said they have started campaign in his constituency and many supporters/sympathisers in the area gave their voice that they are all going to vote for the NADD candidate.
Mr. Seedy Manding Ceesay and Jali Burama Mbye said the youths are calling for a massive campaign in all the areas in the constituency so that the APRC could be taught a bitter lesson worst than last year’s by election.
Mrs. Sunkary Fatty and Nyomo Marong both gave assurances that NADD is going to recapture the Jarra West seat with an overwhelming majority.
SOME UNIVERSITY STUDENTS MAY NOT BE CERTIFICATED
Abdoulie Dibba
In his deliberation at the National Assembly prior to the Supreme Court’s declaration on the case of the opposition NAMs, Hon. Halifa Sallah, stated that the problems of the University of The Gambia need to be looked at. He said the University has no campus, noting most of the students are from poor families and that the funds allocated for scholarship are not sufficient to meet the fees of the students. Hon. Sallah pointed out that most of the students are now running into serious problems as they are allowed to attend classes, but cannot get their results due to their inability to pay their fees. Halifa indicated that the danger is that the students will continue to spend years in the University only to be deprived of their certificate because of their inability to pay their fees and their lack of access to scholarship. Hon. Halifa Sallah challenged the National Assembly Select Committee on Education and Training to seriously look into the problems of the University in a bid to
find out a solution.
A NATIONAL TRADERS ORGANISATION LAUNCHED
By Surakata Danso
The National Association of Indigenous Economic Operators, which had been in the process of formation since the 25th of September 2004, has been launched on the 16th of July 2005.
Addressing hundreds of business operators, the national president, Alhagie Sankung Jaiteh, indicated that the gathering does not only symbolise the commitment of the membership to the cause of AGO, but it also indicate that the formation of AGO was long overdue. The national president further went on to say that as the old adage goes, “a journey of one hundred miles begins with one step”, in the case of AGO, “three solid steps have already been taken so far”; that the three steps already taken are the conceptualisation meeting held on 25th /9/ 04; the adoption of the AGO constitution on 12th /3/05 is the launching of AGO, on 16th /7/05, all of which are held at the same venue, the Atlantic Hotel. Alhagie Sankung told the gathering that after the adoption of the constitution, a new executive was elected that took over from the interim committee that was selected at the conceptualisation meeting.
On the objectives and strategies of AGO, Alh. Sankung opined that this would not have actualised, without the efforts and financial support of some of the members. He therefore went further to advise the membership to build on such efforts and consolidate in the interest of nation building; that the mandate of Ago is to bring together Gambian indigenous business operators to speak one language of economic harmonisation, coordination and meaningful resources management, with a view to engage them in joint ventures, partnerships as well as to embark on small, medium and large scale agricultural and manufacturing activities In his final statement the association’s president expressed that the challenges are big and called on all the citizens to take part in the implementation of the AGO programmes and activities, so that the anticipated objectives as envisaged, could be realised; noting the secretariat and the executive of AGO will soon embark on short and long term work plans to begin
the assignments of AGO. Alh. Sankung finally paid tribute to one of the founding fathers of AGO, Abdoulie Njie or “Lye Fish,” whom he said passed away on the 30th April 2005. He then introduced Anna Njie as the new vice president, who replaced the late Abdoulie Njie (Lye Fish).
Other speakers included Naffie Barry deputising for the SoS for Trade, who said that the objectives of AGO were in line with the blue print of vision 2020, which clearly spelt out the objectives of the Gambia government on national development. Mrs. Barry assured the gathering of government’s support and the creation of policies that will enable a conducive private sector development.
Other speakers were Mam Cherno Jallow, of GCCI, Mayor Pa Sallah Jeng, SoS Samba Faal, Assistant Secretary Kebba Singhateh and the V/president Anna Njie.
TORRENTIAL DOWNPOUR CLAIMS LIFE
By Yaya Dampha
On Tuesday, 12th July 2005, there was a heavy down pour of rain across the country.
The rain was so heavy that during the night, the house of one Yaba Sarr in Jerreng Passi, crumbled and killed one Kebba Sarr, a five year old boy who at the time was sleeping with his father in the house.
According to the boy’s father, he was in his house with his son when his neighbours house collapse and partly fell on his house, causing the wall on his house to fall on him and his son whilst they were sleeping.
He noted the said houses are made out of mud blocks. He pointed out that they were assisted by the villagers when their house fell; that it was the rescue team who discovered his dead son under the debris.
He said his room was flooded with water, following the collapse of his house. He said his belongings and food stuff were soaked, leaving them without food. He said he lost over six bags of coos and four bags of rice and fowls.
MAJORITY LEADER FAULTS GAMCO
Speaking at the National Assembly, the Majority Leader and Member for Upper Fulladu West, Hon. Churchill Baldeh, pointed out that GAMCO has failed completely noting that the last trade season has not been properly managed to the extend that our farmers have become poorer. Hon. Baldeh asserted that government’s revenue are derived from the people and contribution constitute the largest segment. He stressed that that is why we are in problems
In the same vein, Hon. Baldeh said that they also realized that often there is mismanagement of funds. He noted that they have the necessary institutional set up at the level of the National Assembly through their committees and that he thinks they should revigorate their activities in that respect to ensure transparency and accountability.
COURT REJECTS
REQUEST TO REARREST SEEDY FANNEH
By Sana Saidykhan
The presiding Magistrate at the Brikama Magistrates Court Bubacarr Jawo has rejected the application made by the prosecuting counsel, 1st Class Constable 1674 Ceesay, to issue a bench warrant for the rearrest of Seedy Fanneh and his eventual detention, because he was absent from court.
The presiding Magistrate in his ruling, rejected the application saying, “the accused is absent for only today. The case was adjourned to the 2nd August 2005, should the accused refuse to appear the court may issue a bench warrant for his rearrest and eventual detention”.
Seedy Fanneh first appeared at the Brikama Magistrate Court in 2004, on charges of insulting President Jammeh, following the aftermath of the Jarra West by-elections. However he pleaded not guilty to the charges preferred against him. He is accused of causing a breach of peace on 1st July 2004 while walking along the Brikama – Serrekunda highway, by conducting himself in a manner that can cause the breaking of peace and stability of the state.
It is also stated that he unlawfully escaped from lawful custody whilst under detention at the Brikama Police Station.
---------------------------------
Yahoo! Messenger NEW - crystal clear PC to PCcalling worldwide with voicemail
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
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]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
|
