The following is from Burning Issues (FOROYAA Publication) Monday, 12 February
2001

****************************

Chief Omar B. Ceesay Reinstated
The Lessons

FOROYAA received information that on Friday, 2 February 2001, Mr. Omar
Batorr Ceesay, Chief of Upper Saloum was removed from office. The
information was confirmed by reliable sources.

After the confirmation that Mr. Demba Sanyang who was removed as chief of
Kiang Central had been reinstated FOROYAA get in touch with SoS for Local
Government and Lands, Mr., Nai Ceesay for interview on the subject on
Thursday 8 February 2001. The SoS confirmed that chief of Upper Saloum was
removed but that he has been reinstated.

Asked for the reasons for removal, he  simply indicated that information
received may lead to dismissal and further information may lead to
reinstatement; that they simply balance the information received to make a
decision.

Monarchs have power to rule as they want. This is why the colonialists
created laws that enabled the governor to approve the appointment of chiefs
and remove them from office. The governor could fine and punish chiefs. This
is why chiefs  were under the domination of commissioners and governors.
Since the Gambia became a sovereign republic all monarchical laws and
institutions should have been eradicated. This however did not happen. The
past and present regimes have maintained the Provinces  Act which empowers
the president to approve the appointment and removal of chiefs from office.

The 1997 constitution has tried to change the situation by making the office
of chief elective contrary to the type of elections under the first Republic
which was not based on any law and which allowed only compound owners to
participate instead of all registered voters.

However, the government  aims to amend section 58 of the constitution which
requires election to be held within 120 days after the office of chief
becomes vacant and empowers any registered voter within the district to vote
and any qualified voter to stand as a candidate. This constitutional
provision aimed to buttress the Republican nature of the country which means
that the people are sovereign. This is why people have the right to elect
and be elected on the basis of qualifications applicable to all.

The present regime however, instead wants to go back to the past by
maintaining the monarchical powers of the president. In doing so the
president will end up relying on sentiments of communities to determine who
will occupy positions of chiefs. It is already clear that the president will
be basing his decisions on what people say about a given chief as we have
seen in the cases of the chiefs of Kiang Central and Upper Saloum. The
villagers of the Kabada area who may have jubilated because of the removal
of the chief Demba Sanyang would now be in funny position after his
restoration. The same thing will happen if Chief Omar Ceesay is restored.

This is why the electoral process is more conducive to national unity. In
short, each person will go and vote for the person of your choice rather
than relying on a president to fight one's battles. Finally, the candidate
with more support would win because of the people.

The aim to eradicate chieftaincy elections will only promote national
discord. The chieftaincy election in Sami has not been followed by any
discord in Sami.
On the other hand, people come to tell the president what he wants to hear
just to get him to remove the person they dislike from office. Such
tendencies would only breed hatred and hostility among the people.

FOROYAA will address a letter to the Attorney General to explain why
appointment and removal of chiefs by the president will be undermining the
principles of state administration under the 1997 constitution. A sovereign
Republic means exercise of authority by the people to determine who is to
govern them. Gambians must therefore know section 1 subsection (2) of the
constitution to their finger tips. It reads: ''The Sovereignty of the Gambia
resides in the people of The Gamnbia from whom all organs of government
derive their authority and in whose name and for whose welfare and
prosperity the powers of government are to be exercised in accordance with
this constitution.''

The government should therefore abandon its plan to amend section 58 and
have the people to elect their own chiefs and come up  with a Local
Government Act which will require the setting up of a tribunal to
investigate allegations against a chief before removal.

----------------------------------------------------------------------------

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
You may also send subscription requests to [log in to unmask]
if you have problems accessing the web interface and remember to write your full name and e-mail address.
----------------------------------------------------------------------------