*Foroyaa Newspaper Burning Issue*

*Issue No.13/2006, 20-22 February, 2006*

*Editorial*

*APPOINTMENT OF A CHIEF JUSTICE*

The appointment of a Chief Justice is one of the most important functions
that a president can perform. Under the constitution of the Gambia *"The
judicial power of The Gambia is vested in the courts..."*

Furthermore,* "In the exercise of their judicial functions the courts, the
judges and other holders of judicial office shall be independent and ...
shall not be subject to the control or direction of any other person or
authority."*

Section 120 subsection (4) requires the government to respect the
independence of the judiciary. It states:*" The government and all
departments and agencies of the government shall accord such assistance to
the courts as the courts may reasonably require to protect their
independence, dignity and effectiveness."*

This powerful pillar of justice is placed under the supervision of the Chief
Justice. Section 121 (1) of the constitution states that: *"The Chief
Justice shall be the head of the judiciary and, subject to the provisions of
this Constitution, shall be responsible for the administration and
supervision of the courts."*

The Chief Justice presides over the sittings of the Supreme Court
which is *"the
final court of appeal for The Gambia."*

To ensure that judges are independent they must not be subjected to removal
by administrative decision. Like the President, judges are subjected to
impeachment proceedings by the National Assembly. A tribunal by three
persons headed by a person who holds or have held high judicial office must
conduct investigation to prove any alleged infirmity or misconduct of a
judge.

In many countries the appointment of judges are subject to parliamentary
approval. This system becomes very effective if ruling party and opposition
have relatively equal representation in parliament. Parliamentary scrutiny
creates a solid basis for ensuring the appointment of all judges whose
independence can never be compromised. Needless to say, once appointed they
have security of tenure, that is, those who appoint them cannot remove them
unless a tribunal finds them to be of infirmity or guilty of misconduct.

A Chief Justice has gone. Gambians are inquiring whether his contract had
expired. A new Chief Justice is appointed. He is not on contract. He is a
substantive holder of the office. People have argued that contracts make
judges vulnerable to executive interference. Permanent appointment should
therefore lead to security of tenure and greater independence. All eyes are
now on the new Chief Justice.

For those who are inquiring into the qualification to be appointed as Chief
Justice *Foroyaa* has this to say.

Section 139 of the Constitution states that *"A person shall be qualified
for appointment as Chief Justice if he or she is qualified to be appointed
judge of the Supreme Court or has been a judge of a superior court in a
common law country for not less than ten years." *Hence one must either be
qualified to be appointed a judge of the Supreme Court or has been a
superior court judge for at least ten years. Section 139(2) explains who is
qualified to be appointed as judge of the Supreme Court.  It states:

*"A person shall be qualified to be appointed a judge of the Supreme Court
if he or she holds or has held office as a judge of the Court of Appeal or
as a judge of a court having similar jurisdiction in a common law country,
in each case for not less than five years, or if he or she has practised as
a legal practitioner before a court having unlimited jurisdiction in civil
and criminal matters in a common law country for not less than twelve
years." *

This is how matters stand. The Chief Justice is the most senior judge in the
judiciary. He/she gives orders for the effective and efficient
administration of the courts and is accountable for the state of our courts
and the quality of justice they deliver. It is a heavy responsibility to be
shouldered with independence, dignity and sobriety.





*INTERVIEW WITH HALIFA SALLAH*

*On Independence And The Spirit Of National Reconciliation*

*Foroyaa:* We admit that we are yet to publish the whole interview we had
with you the last time, especially the issues regarding the mayors and
council elections. They can be published later. What is of concern to people
are the events after President Obasanjo's visit. Now that Gambia is
commemorating its 41st anniversary of political Independence can you tell us
what is different this year?

*Halifa:* An independent country can be a by product of historical accident.
On the other hand, an independent country is born when a people are
conscious of their territorial integrity and its rights to sovereign
existence. In the first instance there are all the attributes of an
independent country, that is, a head of state, a national government,
national flag, national anthem, a capital and power to enter into foreign
relations with other government and corporate bodies. However the people
remain ignorant and poor and play no part in shaping the destiny of their
country. They simply exist as objects in the historical process to serve
those at the helm of state instead of being the true architects of their
destiny. They simply become the raw material for the underdevelopment of
states rather than the powerful intellectual and social engine that drives
their development. The quality of independence of a country is determined by
the quality of life of its citizenry and residents. No nation can be
considered to be truly in line with the objectives of independence it its
citizenry are ignorant and poor. This is why every anniversary should be a
time for reflection on how far we have gone to eradicate the poverty of the
mind, body and spirit. The spirit of independence is genuine love of country
and people. This enables leaders to hold the people in high esteem
irrespective of their individual characteristics and always place their
interest at the front of all his/her concerns. It enables leaders to
subordinate their individual selfish interest to the dictates of the
collective interest of the people.

*Foroyaa:* How far has Gambia gone is fighting the poverty of body, mind and
spirit?

*Halifa:* This is the time for every Gambia, irrespective of party
affiliation or personal vocation, or striving, to sit down and pass one's
own judgment on the state of affairs of the citizenry. Once this is done in
the spirit of identifying our shortcomings and our collective strengths to
move forward to overcome them, the anniversary would have served what should
be its fundamental objectives. Since we are commemorating our
41stanniversary I would like to concentrate on what is different this
year
rather than give an objective analysis of the state of the country.

*Foroyaa:* What is different?

*Halifa:* Gambians are feeling a sense of ownership of their home land. The
sovereign Gambian who is conscious of his/her equality to his/her
compatriots has been borne. This is precisely why each in demanding for
justice to guide all our actions towards the common good. There is also an
increase in the development of the consciousness of a common destiny.

This is why the visit of the President of Nigeria was so crucial. Instead of
reducing the commemoration to partisan conflicts it has enabled Gambians to
dedicate ourselves to the principle of unity, irrespective of diversity in
they political objectives, as enshrined in the National anthem. I expect
that the spirit of reconciliation left by President Obasanjo will permeate
all speeches made during the celebrations.

*Foroyaa:* How do you think times spirit of reconciliation is to be
enhanced?

*Halifa:* I would have expected the President to utilize the
41stanniversary to broaden the reconciliation process. This could be
done by
looking at the case of the mayors as well as the situation of those
imprisoned with a view to granting pardon to many on a progressive basis.
People in exile can be granted amnesty where it applies. Anniversaries are
occasions when magnanimity is shown to restore the spirit of reconciliation.
The President needs an advisory committee to look at all aspects of
governance so that on occasions like this the common good can be promoted to
foster unity, freedom and peace in our home land?

*Foroyaa:* Can you give us a brief analysis of the type of government which
existed in the Gambia in 1965 and the quality of our Independence since
then?

*To be continued *



*REHABILITATION OF BAKOTEH DUMPSITE*

*By Amie Sanneh*

Commuters and residents of Bakoteh always complain of the Bakoteh Dumpsite.
As part of efforts aimed at addressing the problem, the Gambia Agency for
the Management of Public Works (GAMWORKS), on Thursday signed a contract
with Sinco Spa (an Italian Company). The 54.5 million dalasis contract is
for the rehabilitation of the Bakoteh Dumpsite.

The four million dollars which will be spent on this project is a credit
from the World Bank/IDA toward the Poverty Alleviation and Capacity Building
Project of the Gambia.

The objective of the works at the dumpsite is to construct an effective
waste management system that will ensure the protection of the environment
and enhance public health. Speaking at the signing ceremony at the Gamworks
conference room, the Director of Gamworks, Ebrima Cham, remarked that the
rehabilitation of the dumpsite will take about nine months to complete.

He described this as an important project, and urged the contractors to
ensure that the qualities of works envisaged are carried out and for it to
be completed within the stipulated period.

The Deputy Permanent Secretary at the Department of State for Local
Government and Lands who also spoke at the occasion said the dumpsite has
long been the concern of Government.

The Chairman of the Board of Directors of Gamworks, Mustapha Njie, said the
Bakoteh dumpsite will be a history in the next few months. He also expressed
that the contractors will leave up to expectations. The contractors also
promised to live up to expectations upon the completion of the project.

Other speakers at the ceremony included the acting mayor of KMC and a
representative of the BCC.

The scope of the works at the Bakoteh dumpsite includes:

1)            Clearing of the site of all littered garbage, preparation of a
land filling area in the quarry by excavation, land filling of the littered
garbage and land filling of incoming garbage during construction period.

2)         The construction of gravel across roads and embankments.

3)            Construction of boundary fence.

4)            Construction of guard house.





*WATER SHORTAGE HITS JARRA WEST*

*By Yaya Dampha*

Residents of Jaduma Ward in Jarra West Constituency are struggling to cope
with the acute shortage of water which is making life difficult for them.
The inhabitants of the area have resorted to fetching water from wells.

A source at the NAWEC office in Mansakonko told this paper that they have
not been able to supply pipe borne water to their customers due to lack of
fuel. They told our reporter that they are hoping that they will get their
fuel supply soon. Officials working for NAWEC did tell our reporter that
they will be supplied fuel before the end of the month.

However, residents of the area also lamented that they have been without
electricity for several years now. They chide the NAWEC staff for not
measuring up to expectations. A woman who spoke to our reporter indicated
that people buy plastic bags filled with water in order to wash their newly
born babies at the Soma Health Centre.

The water shortage has forced some schools to close at 11:30 everyday. Some
of the students who spoke to our reporter lamented that this problem is
likely to affect them if it is allowed to persist.

The communities affected are Soma, Sankuya, Kanikunda and Mansakonko.
Teachers at Pakalinding Upper Basic and Ahmadiyya Senior Secondary lamented
that they are affected by the shortage of water. They said they don't have
boreholes and as a result they cannot ask the students to be in school till
normal closing hours.



*GAMBIA AND MOROCCO STRENGTHEN TIES*

*By Bubacarr K. Sowe*

The Gambia and the kingdom of Morocco have signed a bilateral agreement at
the start of a two day joint interministerial meeting on Thursday 16th Feb,
2006, at the Kairaba Beach Hotel.

The Secretary of State for Foreign Affairs, Lamin Kabbah Bajo who signed the
Memorandum of Understanding on behalf of the Gambia Government said that the
continued commitment between the two states must be to work together to
further consolidate and reinforce the historic and excellent relations
between the two countries and people.

SOS Bajo said: "The onus therefore is on us to transform this vision of our
leaders into reality by ensuring that we design and implement concrete and
achievable areas of co-operation and collaboration."

"We have already taken great steps in this direction by identifying and
signing agreements in key priority arrears.  What is left now is to take
urgent and concrete actions to make sure that the signed agreements are
implemented," Mr. Bajo added.

The Moroccan Foreign Minister, Mohammed Ben Aisha, said Regional Economic
Integration can contribute tremendously to solve out some of the problems
the African States are facing.

He said: "Bearing this in mind, His Majesty King Mohammed VI has always
pleaded for a more concrete cooperation between the African States and for a
clear commitment from the Developed Countries in providing necessary
assistance for the development of our continent."

"In this respect, Morocco has taken the lead, especially with the
cancellation of all debts due to it by the Least Developed African Countries
and the granting of free access to its markets, of their goods."  Mr. Aisha
noted.

He added that as a potential beneficiary, The Gambia could avail itself of
these facilities to increase its trade with Morocco.

"The government of Morocco has initiated a development programme in favour
of your Country, intended to finance, though modestly, some socio-economic
projects to help the local population uplift their living conditions."



*KEMESENG ON THE BUDGET SPEECH *

*PART 3*

Foroyaa has been publishing the contribution of the National Assembly Member
for Jarra West Hon. Kemeseng Jammeh on the budget speech delivered by the
Secretary of State for finance and Economic Affairs Bala Musa Gaye. In this
issue, we shall publish the rest of the speech. Hon. Jammeh indicated that
the Secretary of State has said that "Government will continue to cooperate
with friendly countries and other organizations, institutions and
individuals to ensure the success of the upcoming African Union Summit,
which will be a landmark in the Gambia's diplomatic history." Hon Kemeseng
Jammeh asserted that the AU Summit is a very good initiative, but that we
should take into consideration the priority of the Gambian people.

*On Youth*

Hon. Jammeh said the training of the youth on skills is a laudable
initiative by the Government. But stressed that Government must not only
stop at training the youth but do everything possible to make them
productive after the training.

*On Revenue Measures*

Hon. Jammeh indicated that due consideration should be given to the people's
earning capacity in the first place before thinking of new revenue measures.
He said, if the earning capacity of the people cannot afford the payment of
these taxes, it is going to create more hardship. He asserted that the
increase of the prices of fuel may lead to the increase of fares; which
would also lead to the increase on the price of goods. This Kemeseng said is
going to affect the ordinary people. "This budget as I have said at the
beginning is really going to create a very hard situation to the average
Gambians. This is one of the reasons why we have always been advocating for
Salary review." He stressed that there is need for substantial Salary
increase to enable the people to live in such an economic environment. Hon.
Jammeh indicated that last year, the salaries of the few top officers were
increased. He said that was an idea that most of them did not welcome,
simply because it was not based on the principle of equity. Kemeseng said
those officers whose salaries were increased do not encounter some of the
problems the ordinary people encounter, because they do not join public
transports. He pointed out that maximum consideration should be given to
those at the bottom line of the ladder whose salaries could not even afford
them a bag of rice. "Right now, they are helpless and are living in this
serious situation. Life is becoming harder for them instead of being easier.
And this is why I said this budget is poverty aggravation and not poverty
reduction."

*The end*







*CONFESSIONS OF DEJECTED RETURNEES*

*By Fabakary .B. Ceesay*

Two young Gambians who have thrown in the cards following their ordeal in
Cape Verde, have decided to make no bones about their experience.

The two young men who spoke to our reporter on condition of anonymity after
they chucked up the idea of going to Europe through the "back way," gave a
vivid account of why they chose to throw in the towel and return home.

The duo brazenly informed our reporter that they were surprised by the
manner in which they got to Cape Verde.

"We boarded a ship in Senegal and we were told that the ship will reach
Spain in seven days, but we landed on Cape Verde," they remarked.

They pointed out that their ordeal started when the engine of their ship
failed and the crew navigated to unknown territory.  Going further, they
lamented that the ship roved in the sea for about fourteen days, noting that
their provisions finished before they landed on Cape Verde.

Explaining further, they indicated that their arrival at the former
Portuguese colony was greeted by a hostile reception as they were manhandled
by the authorities.

Continuing their narration, the returnees confessed that they became
bankrupt days after they landed on the island.

"We were living like junks.  We were sleeping in a tiny house and we were
eating junk food. Sometimes we go to restaurants to beg for food;" they
remarked.

They also told our reporter that most of their colleagues, whom they left
behind, are desperate and want to return home.



*PASSPORT ISSUANCE RESUMES AT IMMIGRATION DEPARTMENT*

*By Fabakary .B. Ceesay*

The Immigration Department which has come under sharp criticisms for its
failure to issue passports to people, has recently overcome the problem
which has made it unpopular.

Saku Drammeh, the Deputy Director of Immigration who had confuted reports on
passports, said that they have started issuing passports to people.  Mr.
Drammeh said they were unable to issue passports due to a failure in the
network of their computers.  Drammeh remarked, "We now produce about five
hundred passports a day".

A woman in her mid-fifties told our reporter that she was suppose to go for
overseas treatment, but she could not leave due to lack of passports.  A
distraught young man posited that he got admission from a school overseas,
but that the admission letter has expired due to lack of passports.

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