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Foroyaa Newspaper Burning Issue

Issue No.63/2004, 9-11 August, 2004

EDITORIAL

The Divestiture Programme Of The Government

Theory And Practice

The Gambia Divestiture Agency held a one-day sensitisation workshop on the
functions and operation of the agency. Privatisation which is defined
as “the transfer of operational contract of an enterprise from government
to private sector” by the staff of the agency has become the norm in the
management of the state since the era of the structural adjustment
programmes of the 1980s and 90s. Divestiture programmes have taken many
forms in the privatisation process. It entails the sale of shares and
assets of public enterprises. Its final phase is total privatisation of
public enterprises.

The theory that led to the adoption of the privatisation strategy is that
the public sector should be rolled back from the productive sector of the
economy; that the private sector should take full control of production.
The rationale is that the public sector is said to lack the capacity for
profitable economic management.

In our view, the consequences of the structural adjustment programmes have
confirmed that neither the doctrine of the public sector led economy of the
past nor that of the private sector led economy of the present have
addressed the problems of poverty and extricated countries from the camp of
the least developed.

What is abundantly clear is that production and services are linked.
Without the development of the productive base of an economy there will be
no revenue base to meet the social services.

A government which withdraws completely from production would have to
depend entirely on taxation to meet social services. If the private sector
does not expand production to enable government to derive revenue from
income tax and corporate tax, it will have to scrape the backs of the
people through increased taxation to generate income. This can only
increase misery accompanied by shortage in the delivery of services.

On the other hand, a government can have productive enterprises which can
pay taxes and dividends to meet social services. If those enterprises are
mismanaged what should go to the public services, as dividends will remain
in few pockets. The public enterprise would fail to impact on development
and would ultimately collapse.

In our view, economies like that of the Gambia are in transition. They are
not classical private sector or public sector economies. They have backward
private and public sectors. Divestiture by itself will not have any great
impact in enhancing productivity. What is necessary is a macroeconomic and
management plan for both the public and informal sectors to serve as
productive engines of growth leaving the area of comparative advantages to
be determined by practice and competition between the various sectors. All
public corporations should change management structures so that
associations or unions of employees would have representatives in boards in
order to check mismanagement and maladministration. For example, in the
board of social security, there should be representatives of the pensioners
association. Previous management approaches where boards are constituted on
the basis of who one knows have failed to give rise to transparency and
accountability. Management systems need to change performance and
potentials of public enterprises assessed and those that can pay tax and
dividends retained. This will amount to sound practice in public enterprise
management.


GDA Promotes Divestiture

The Gambia Divestiture Agency (GDA) on Friday the 6th of August organized a
one-day workshop at the Senegambia Hotel for Journalists. According to the
deputy permanent secretary of finance and economic affairs Madam Naffie
Barry, the aim of the workshop is to sensitise journalist in both the
electronic and print media about the programme of the agency. Madam Barry
said there would be similar workshops organized for various stakeholders
with a view to informing the society and involving them. She finally called
on the media to make the best use of the knowledge gained from the
workshop.

In her presentation of a paper on the Gambia divestiture program Miss Mama
Marenah the Chief Executive of the agency told journalists that the
objective of the programme is to roll back the activities of the government
from public enterprises that are best suited for private sector operations,
with a view to enhancing better services, such as enabling consumers to
have access to goods and services to increase competition, employees to
receive better salary packages after divestiture, government to generate
revenue that can be used to reduce domestic debts and for foreign investors
to bring in enterprises and capital.

The Chief Executive further informed journalists that her Agency intends to
look into the performance of all the remaining public enterprises and
advice government on the way forward for their divestiture or
privatisation. She further indicated that public enterprises in category
two such as GGC, GIA, GCAA will have to be privatised straight away and the
GPO will be turned into an autonomous body, following which the GDA will
look into the activities of MSA, GPTC, KRM Kuntaur Rice Mill, Banjul Ship
Yard and the shares of government in Gamcot 40% to sell 30%, 3.09% at
Banjul Breweries and the 50% in the Senegambia Beach Hotel. She finally
opined that this will be followed by GPA, NAWEC, GAMTEL, GPTC former
National Printing and Stationery Cooperation and SSHFC.  She added that
they would be done one by one based on a case study. Mr. Alagie H. Gaye
presented a paper on privatisation case study on Kenyan airline.



Reply To FOROYAA’s Editorial Of July 22nd

“Should You Celebrate Or Contemplate?”

Below is Ebou Faal’s reply to FOROYAA’s Editorial on July 22, “Should You
Celebrate Or Contemplate?” An editorial comment on his reply ensues.

President Jammeh has every right to accuse his opponents of envy. Mr.
Editor, you yourself have admitted that his government made some
achievements; although in your view, his government’s shortcomings are
greater than those achievements. Is it not perplexing that not once has his
opponents regarded such achievements without adding some cynical remarks to
them? Invariably it is “government has done this or that thing but -”

Going into the details of the Editorial, it is alleged that “there is no
strategy to construct internal and external road linkages of the country”!
Such an allegation is certainly NOT ON! How about the Kombo Coastal Road,
linking several important places of the country? How about the Barra-
Kerewan-Farafenni linkage? Regarding the latter, it is indeed an undeniable
fact that during the previous regime the North Bank Division as a whole was
the most neglected, to say the least. Today, someone resident in the
Greater Banjul Area is able to have his or her breakfast at home, travel up
to Farafenni have his lunch there and return in good time for his or her
supper! That would be unbelievable in the PPP days. Even as regards the
former linkage, the journey from Serrekunda to Brufut used to be nightmares
for people who would like to make such a journey in a hurry. Today, it is
such a smooth one that one can make it twice over in a day without any
hitches or painful experiences. I am sure, the APRC government has plans
(concrete plans for that matter) to do the other vitally important road
linkages. After all, “Rome was not build in a day,” says the adage.

It is also alleged in the same Editorial that the public media, the TV in
particular, are used more for propaganda purposes. I beg to differ. Indeed,
as a result of the recent survey conducted on what the citizenry would like
to see featured in the public media, we have begun to have more and more
programmes which do provide access to divergent views. Take “In-depth”, for
example. It has covered so far, important topics such as the economy,
patriotism, nationalism. To name but a few. Suffice it to say, that
divergent views and for that matter uninhibited views were expressed on
these topics. In my view, nothing could be more democratic than this.

But, as mentioned at the beginning, Jammeh’s opponents do not as a rule due
regard to any of his achievements. Little wonder, after citing the fact
that pupils in our primary schools, 81, 000 (eighty-one thousand) in our
upper basic schools and (I am cork sure multiple more than) in our senior
secondary schools you then try to diminish (for want of better word) such a
landmark achievement on the part of the APRC government by adding “but left
of the enrolment is on the basis of double shift (making for the) overusing
teachers and the reduction of quality of education.” One would have thought
you would be fair enough to add that nowhere in the Gambia today, thanks to
the APRC government, do children have to walk more than x km to school.
Talking about the double shift, one has to acknowledge the fact that the
problem of illiteracy is a universal one, as far as the developing
countries are concerned, and there have been several approaches to get
round that problem. In Jamaica, for example, in addition to “paid fulltime
workers (i.e. regular teachers) there were in 1978 approximately 1,200 (one
thousand two hundred) volunteers who gave you several evenings a week to
teach.” In Botswana, there were in 1978 alone over 40 (forty) brigades
running brigade centres. A brigade centre there, by the way is a cluster of
brigades organized under a single local governing authority. It comprises
motor mechanics, carpenters, plunders, etc, and 85%  of the students are
young men, aged 15 - 20 years. Their training includes such subjects as
mathematics, English, development studies and science. The programme is
designed so that students cover a part of their training cost by part time
work. Is it not the case that under the APRC government the President’s
Award Scheme has been given a tremendous boost? How about NYSS, which
correspond more or less to the Botswana model just described above? Above
all, the University of the Gambia is APRC government’s baby.

Whilst we are about it, you will recall we used to have drop-outs from
middle level, now upper basic school, over the cut-off marks set by the
High Schools, now called senior secondary schools. It is no exaggeration to
say that lots and lots of students obtained the pass mark set by WAEC, but
because the mark they obtained was below the ones set by the high schools
they had to drop out. If the parents/guardians of such students were well
off enough they would send them to another country, mostly Sierra Leone to
proceed to high school there. But how many of such parents/guardians were
around at the time? Incidentally, I don’t know whether it was the case of
sheer change of environment or that of late developing, but almost all who
went to high school in Sierra Leone have come back successful!!

Suffice it to say, very few indeed! Today, thanks to the APRC government
even before continuing education was introduced by WAEC, more high schools
were opened, with the result that once a student obtained the WAEC cut off
mark he or she would invariably proceed to some high school, somewhere in
the country! Thus, this was or rather is another cap in APRC’s feather and
it should not be lost sight of at all.

One more thing the Editorial mentioned regarding education in this country
is “the availability of learning materials is a matter of concern.” Granted
that is so, how about the gruesome case of parents/guardians buying or
rather having to buy chairs and desks for their children/ward and those
children/ward having to be carrying such pieces of school furniture to and
from school! For some of such unfortunate children/ward the problem was all
the more aggravated if they had to walk so many kilometres with their
pieces of furniture on each school day.

The Editorial claims that 69% of our population are living in poverty. I
very much doubt such a figure, Mr Editor. May be you erroneously include
the non-Gambians, some of whom are foreign beggars but the vast majority of
whom I could term as “economic refugees,” who have decided to come and
settle in the Gambia because they could look forward to making it better
here, The Gambia being such a peaceful, accommodating and arguably
environmentally conducive place for people prepared to work hard for their
living. Besides, your view of poverty may not necessarily be an acceptable
one. Indeed, it has been rightly pointed out that “what can be
called “necessities” vary from society to society. Commented a George
Scvhwartz in the Sunday Times (18/8/1968). “What significance and value
attach to the definition of poverty in the western world” ? Before long it
will mean non possession of a coloured television set.” Ridiculous isn’t
it? Coming back to the economic refugees, we have so many of them in our
midst that our amenities particularly our health facilities and our very
markets (where we buy our daily bread) are outstretched for want of a
better world, with the result that we the citizens become poorer in the
economic sense. Indeed, if with D5 (five dalasis) one could see the doctor
and get some medicines, free of charge, it is inviting more and more
foreigners (especially those close to our borders) to come and share our
facilities with us. You may also note that quite paradoxically it is the
foreigner who make the prices of most of our basic commodities at the
market such as fish, vegetables, oysters, etc so high: it is simply because
the prosperous foreigner with his relatively high income is prepared to buy
these basic commodities at whatever price the unscrupulous vendors may be
selling them. You may well say then let the APRC government do something
about those foreigners. The answer is no; the APRC government realizes it
is a member of ECOWAS and it is ungentlemanly for any government to be
merely paying lip-service to any protocol into which it may enter. I am
talking specifically about the protocol on free movement of people, goods
and services amongst the members engaging in this protocol from time to
time; but, I am sure, you will advise the APRC government to be doing the
same.

The Editorial have come down rather heavily on the debt burden and the debt
service burden vis-Ã -vis the budget of the year. Suffice it to say that
development must be at a cost; so that the greater the development the
higher the cost. Besides, it is unfortunate that the purchasing power of
the dalasi vis-à -vis the$, £ or Euro leaves much to be desired. However,
quite a number of positive steps are being taken by the APRC government to
turn the situation round. It must not be forgotten that the legacy they
have inherited from the PPP regime has not been without severe criticism.
To give you one example, briefly after three years of hard work our union
called Gambian Farmers, Fishermen and Poultry Union, succeeded in
prevailing on ILO to send an expert to the Gambia, to come and evaluate our
plans without a view to getting them sponsor a project(s) for us.

Accordingly, a Mr. Garret was sent by ILO to the Gambia for the said
purpose. As a result, ILO was prepared to provide us with 200 tractors and
a few hundred power driven canoes. We had identified places in the Fonis,
Kiangs, Jarras and Nuimis as well as Banjul and Bakau. The last two places
had been identified for fishing and poultry keeping and the rest of the
places mentioned were for the cultivation of our traditional crops and the
growing of cashew trees. We had a membership of over 1000 (one thousand)
spread over all these places. Thus, we were posed to embark on farming,
fishing and poultry keeping in a big, big way. Unfortunately, the PPP
government would not approve the project, laudable as it was, for some real
research but known to them, although what they told us was that the country
was not ripe for mechanization! Alhagi AE Chan Joof and Alpha Abou Sallah
(of Latrikunda Yirinyanga) who were our secretary general and president
respectively will confirm this unfortunate story. Other notables amongst
the executive of the union were the late M.E Jallow (Jallow Jallow) and the
late Kissima Janneh (K.O Janneh). Now then, tell me the editor, if we had
had mechanization introduced in this country as long ago as the late as
long ago as the late 1960s (some thirty odd years ago) with the ILO project
ushering it, where would our agriculture be today?

I am sure there must at least be a few more ugly stories like this during
the last regime, conservative and unenterprising as it blatantly was.

Last but not the least, I find your projections very amazing, to say the
least. You opine that in the next 10 years, over 300,000 children will come
out from our lower and upper basic schools and presume the prospects for
them to be nothing also but “dim”. That you added, apparently
unconsciously, unless there is change. Now about the exponents of NYSS,
GTTI, MDI, President’s Award Scheme and the University of The Gambia? Above
all, about our OIL deposits? As someone very much unfair with APRC’s plans
and programmes for the development of the Gambia, I would like to assure
you that it will a matter of a relatively short time when the Gambia’s
economy will be so sound that the cost of living in its full sense
(including the cost of a bag of rice) will be affordable by even the
ordinary citizen, for wages and pension allowances will be raised
substantially.

Perhaps, as a finale I should leave you with some items of food for thought
in the form of just two quotations from world renown scholars: “Development
and Education go together. Unless there is spending on education, a country
will always require outsiders to provide technical and professional skills
for a growing, changing agriculture and industry.” Another quotation in
this vein is “People in Developing Countries today are having to make
difficult choices. While they do not want to have a foreign culture imposed
upon them, they also cannot return to their own cultures as they were
centuries ago. The problem is to take advantage of modern ideas and
inventions - keeping in mind their own particular needs. The problem is one
of selection.

Ebou C. Faal

56 Mosque Road Latrikunda



Editorial Comment

Mr. Ebou Faal has done what is necessary in a democracy.  Debate and
polemics help to clarify issues.  Newspapers and the other media should be
open to divergent views.  This is what gives vitality to the independence,
impartiality and professionalism of the media.  If both the state and non-
state media provide room for divergent views to be expressed the truth will
never be hidden.  We thank Mr. Faal for taking up issue with FOROYAA.

Let us now subject his contentions to careful analysis.  First and
foremost, Mr. Faal should never sink to myopic sentiments like accusing
Jammeh’s opponents of envy.  Public office is not personal property.  It is
public property.  Some members of the opposition have been invited to join
Jammeh’s government and some declined on the basis of principle.  Such
people have always adhered to the principle of scrutinizing and criticizing
governments so that they can do their best.  They have always called for
opposition parties to give their opinions so that any government can learn
from them to do its best and still show that its best is not good enough
for the people, if they have legitimate reasons to do.  Readers would
recall the voices in the National Assembly telling the Secretary of State
for Finance that we were heading towards economic crisis while he
maintained that there was no crisis.  Eventually the President had to come
up with Operation no Compromise.  We analysed the shortcomings of the
exercise and called for the monitoring of the indicators before making
policy.  Eventually things turned out just as we predicted.  The Dollar is
still 30 Dalasis despite all the claim that its depreciation was due to
speculative pressures.  We indicated that the lack of development of the
productive base of the economy, the high expenditure of foreign exchange
for imports and low earnings from foreign exchange from exports, the high
debt service charges which compel government to mop up foreign exchange to
keep in it foreign reserves had all contributed to the high demand for
scarce foreign exchange.  Without addressing such problems the dalasi
cannot gain its previous value.  The fact of the matter is that government
cannot claim that there is no opposition party, which is constantly
participating in reviewing issues of fundamental importance in a scientific
and mature way.  It is sad that people like Mr. Faal have no regard for
such contributions and regard every criticism as a sign of envy.


On the Substance of his Criticism

Mr. Faal touched on communication, education, poverty, food self
sufficiency, the debt burden and forecast for the future.


On Communication

Our criticism of the regime is two fold.  We asserted that its action in
the road-building sector lacks strategic focus and does not satisfy the
requirement of sustainable development.  In short, we argued that for ten
years the regime has been unable to facilitate the building of a road from
one end of the country to the other in the Northern or Southern banks of
the country.  This should have been the strategic focus of the government
to ensure the efficient movement of people and goods from one side of the
country to the other.

If Mr. Faal sits down to think of what we have said, if he considers the
millions that had been wasted because of the purchase of spare parts, the
destruction of goods, the delay of transactions because of the poor road
conditions he would have simply advised the government to acknowledge its
poor strategic vision rather than refer to the Kombo Coastal Road and the
Barra Kerewan link as a diversionary tactic from the main thrust of our
criticism.

Secondly, we also mentioned that to facilitate the free movement of people
and goods across our borders the government needed to give priority to the
Trans-Gambia roads.  We claim that they have failed in their strategy in
this regard in the past ten years.  Mr. Faal has said nothing to impinge on
the validity of our assertions.

Thirdly, the Kombo Coastal Road was build with Kuwaiti and BADIA loans
amounting to 112 Million Dalasis at the inception. For the information of
Mr Faal, we are to pay over 16 million dalasis this year to Kuwait as
amortization and 6 million dalasis as interest.  Mr Faal may be interested
in knowing that the government took a multi purpose loan amounting to 35
million dollars. In 2001 we paid 38 million dalasis towards the loan, in
2002 we paid 12 million dalasis and in 2003 we paid 22 million dalasis.

We have emphasised that the project identified by Mr. Faal are loans.  They
are paid from the tax money.  We argue that the government has not done
much to ensure the expansion of the productive base of the economy so as
provide an expansion in the source of revenue to finance the loans.  In
that regard, the loans would only be paid by scraping the back of an over
taxed population or diverting revenue from services in order to meet debt
obligations.  We maintain that such as state of affairs is unsustainable.
Mr. Faal has been informed that the country now has a debt burden of 20,000
million and that this year the government has increased the debt repayment
and service burden to 1500 million dalasis out of a budget of 2200 dalasis.
Clearly, there is nothing to celebrate regarding the debt burden. It is
unsustainable.

The other subject raised is the T.V. We maintained that the public media is
not being utilized to promote the expansion of divergent views; that it is
more a propaganda tool of the government. A clear example is Malick Jones’
interview with Halifa Sallah which should have been broadcast along with
the views of Edward Singhateh, Gabriel Roberts, British High Commissioner,
the US Charge de affairs and Hamat Bah. Malick deliberately censored the
interview and broadcast just one insignificant statement out of the
interview. It is Unfortunate that Mr. Faal does not acknowledge that even
the Council for Civic Education which should help the Gambians to know the
content of their constitution, electoral laws, local government laws and so
on cannot use the T.V. to educate without paying substantial amounts of
money while every few days, hours are spent broadcasting wrestling matches
and other magical performances at no cost to the President. Mr. Faal spoke
about the discussion on Nationalism and Patriotism on T.V. Clearly, this
programme lacked focus. The APRC supporters spent more time exposing their
dirty linens than teaching the Gambian people what patriotism and
nationalism is all about. The essence of patriotism is ownership of country
by the people. This sense of ownership should be accompanied by the
awareness of one’s equality with all citizens and ones power to say how the
country is governed. Clearly, a T.V. which is broadcasting songs that give
the impression that Jammeh is a god chosen leader, a T.V which is
constantly providing avenue for Jammeh to insult his political opponents
and pretend that he is the owner of the tax money of the people and would
provide it to communities on the basis of their loyalty cannot be promoting
any understanding of patriotism and Nationalism.


On Education

We reminded the nation that access to education has been expanded through
the taking of loans to build schools and the maintenance of double shift
system, which is being disadvantaged by the inadequacy of trained teachers.
This affects the quality of education. We emphasized that we have not been
able to meet the constitutional requirements of making basic education free
for both males and females. We have mentioned that many girls have to pay
up to 600 dalasis for their education and are given only free tuition and
not free education; that girls outside the public schools pay over 1000
dalasis for their education. Grade 9 is terminal for most students even
though the background of the grade 9 products does not fully prepare them
for efficient participation in the field of work. Only praise singers would
be satisfied with the state of things. Education is not only about numbers
but about relevance and quality. We say that the quality and relevance of
our educational programmes leave a lot to be desired. The exam results are
sufficient to attest to this.


On Poverty and Food Self Sufficiency

We did not invent the poverty status of the country. Mr. Faal can go to
SPACO to find out the results of the surveys on poverty, 69% is accepted by
the government.

Moreover, Mr. Faal should simply look at the cost of living. Even top civil
servants cannot afford a decent meals. In short, top civil servants receive
3000 dalasis monthly. A kilo of beef steak is now D90. If a top civil
servant eats a kilo of meat a day that would be D2400 a month. Mr. Faal
should therefore note that if a top civil servant cannot afford to eat a
kilo of meat a day how are those earning less than D1000 a month living?
Finally, for the past ten years the regime has been unable to attain food
self sufficiency. The regime made the cooperative union to collapse with a
deficit of 183 million. Little effort  has been made to transform the AMRC
assets into a fund for putting an end to the crisis of marketing
groundnuts. In the 1993, over was spent on the development of agriculture.
The sum stand at 127 million in 1994.

The opportunity has been there to ensure food self sufficiency but it has
not been achieved.

Hence, it should be clear that we criticize the regime because its
performance falls short of what can build a modern nation in the 21st
century. A country, which earns 73.7 million from export and spends 4000
million on imports, is still a backward country. Mr. Faal should recognized
that Gambia is still among the least developed counties. There is no cause
for celebration.



THE BELGORE COMMISSION

GAMTEL’s MD Testifies

By Emil Touray

Revelations marred the Commission of Inquiry set up by the state to probe
the missing three million dollars at Gamtel.

The revelations were made during cross-examination by the Managing Director
of GAMTEL, Omar Ndow, at a time when he was subjected to a vigorous
examination by Standard Chartered Banks Lawyer Ida Drammeh and members of
the Commission. The commission also upheld an application made by lawyer
Abdoulie Sissoho for GAMTEL to suspend all payments to Standard Chartered
Bank in respect of the three million dollar collateral agreement the two
institutions signed.

In his testimony, Omar Ndow informed the commission that his institution
signed a ten million dollar contract with BEFAG-AG of Switzerland, nine
days after the aforesaid institution was incorporated. He pointed out that
BEFAG-AG which was supposed to provide a ten million dollar loan to his
institution for the fibre optic project meant for North Bank. However, he
said the aforesaid institution, which was introduced to his institution by
SIEMENS of Germany, had only fifty thousand dollars as capital. Mr. Ndow
said the aforesaid failed to provide his institution with the loan. Going
further, Mr. Ndow testified that the management of GAMTEL is trying to find
out the location of BEFAG-AG, whilst noting that BEFAG-AG has already
cashed the three million dollar collateral provided to GAMTEL by Standard
Chartered Bank. He said the three million dollar collateral provided by
Standard Chartered Bank was a precondition for the acquisition of the ten
million dollar loan form BEFAG-AG. Mr. Ndow said his institution did not
inform Interpol of BEFAG-AG’s unscrupulous activity, but the management of
GAMTEL is in the process of doing so.

He said the management of Gamtel has sought approval from the office of the
Secretary General, office of the president to pay Gamtel, whilst noting the
Gamtel’s board has given approval for the latter’s management to pay
Standard Chartered Bank.

Continuing further, the witness testified that his institution did not seek
legal advice from the Attorney General’s Chambers in order to pursue legal
action against BEFAG-AG. He said the management of Gamtel has sought the
service of two legal practitioners in Germany through the Gambia’s Honorary
Counsul in Germany Rolf Beck in order to pursue legal action against BEFAG.

At this point, Ida Drammeh applied to tender a letter from Rolf Beck (The
Gambia’s Honorary Counsul to Germany) to Abdourahman Mboob, the former
managing director of Gamtel. The letter, which was dated on 14th of August
2003, was admitted in evidence and marked exhibit 13.

The witness was asked to read the letter and he complied. The letter stated
that lawyers’ fees are fourteen thousand eight hundred euro. In the letter,
Rolf Beck pointed out that he has received ten thousand euro for the
payment of the lawyers, and the two lawyers have already been paid four
thousand eight hundred euro. In the letter, Rolf Beck pointed out that one
of the lawyers, Dr. Telene will continue to pursue legal action against
BEFAG-AG.

He told the commission that the awarding of the contract to SIEMENS was not
based on competitive bidding.

“The normal procedure is to go out for a tender and an evaluation is done
and the ratios are awarded based on the scores given on the evaluation
process, based in a check list submitted for the financial and technical
competence. From there we do our rating” Mr. Ndow posited.

He said the normal procedure for the awarding of contracts did not apply to
the contract given to SIEMENS because it was strictly confined to the
latter.

“Based on international standards, SIEMENS is one of the leading suppliers
of telecommunication equipment in the world and they rank among others like
Alcatel. It is based on that they were given the contract,” he remarked. As
at the time of giving the contract with SIEMENS and BEFAG, Bakary Njie was
the managing director of Gamtel. The witness informed the commission that
he attended the meetings of 29th and 30th October 2001 where Gamtel’s
contract with SIEMENS and BEFAG-AG was discussed and agreed. He said he
attended the meeting on technical matters.

At this point, Ida Drammeh countered the witness’s assertion by stating
that financial matters were discussed during the first day of the meeting
whilst technical matters were discussed on day two of the meeting.

Continuing his testimony, the witness said his institution has never before
entered into such contracts with SIEMENS, but it has signed several other
contracts with Alcatel. The witness said the issue of the ten million
dollar contract with BEFAG-AG was discussed in one of the meetings.

Ida Drammeh put it to the witness that he never suggested at the meeting
for due diligence to be one before the awarding of any contract to BEFAG,
Mr. Ndow replied that he was concentrating on technical maters during the
meetings. Mr. Ndow said Gamtel did not have a board on the 29th and 30th of
October 2001.

He said approval for this project was sought by Gamtel management from the
department of state for works. At this point, Ida Drammeh gave the approval
letter from the ministry of works to Gamtel to the witness for him to read
it.

The letter signed by one Lamin Saho on behalf of the permanent secretary of
the department of state for works have it that Gamtel’s proposed ten
million dollar with SIEMENS and BEFAG-AG of Switzerland will undoubtedly
revamp rural communication. The letter have it that the fibre optic link
will bring villages in North Bank closer and that the department of state
for works has fully endorsed the project and the bank guarantee the project
to be provided by Standard Chartered Bank.

“Even though you knew there was never any tender, yet on the 28th of
January 2004, you wrote to the secretary general to say there was a tender”
Ida Drammeh.

“That might have been a typo error,” the witness remarked.

The audience burst into laughter. Ida Drammeh put in it the witness that
Standard Chartered UK agreed to pay the collateral on its maturity to the
holder or bearer of the guarantee based on the text of the guarantee, the
witness replied in the affirmative. She further told the witness that the
text of the collateral have it that the agreement to pay the three million
dollars is irrevocable, unconditional, without protest or notification, the
witness concurred with her. Lawyer Drammeh further put it to the witness
that based on those terms Gamtel does not need to be notified for the
payment of the guarantee, Mr. Ndow replied that one could just inform
Gamtel and SIEMENS since they are the parties that are involved in the
negotiation. Mr. Ndow testified that the bond was not made conditional for
the fulfilment of any contract by either BEFAGAG or SIEMENS.

Lawyer Drammeh further stated that the Lawyers Gamtel hired in Germany to
pursue legal action against BEFAGAG could not understand why Gamtel issued
an unconditional guarantee to BEFAG, but Ndow said he could not recollect
that. Lawyer Drammeh put it to the witness that if Standard Chartered Bank
did not pay the collateral, they would be in breach of Gamtel and BEFAG,
but the witness replied it would be in the interest of Gamtel to do so. Mr.
Ndow said he has seen documents confirming Ida Drammeh’s assertion that the
Finance Director, Foday Ceesay, did not deny that the guarantee was issued
at the request of Gamtel.

Continuing his testimony, the witness averred that it was at the insistence
of BEFAG that the guarantee that was issued by Standard Chartered was
cancelled and replaced by another one prepared by Standard Chartered Bank
UK. According to Mr. Ndow. Gamtel and SIEMENS should have been involved in
the execution of the bond. He said SIEMENS subsequently agreed to absorb
the three million dollars paid to BEFAG in to the project, but with
reservation that that does not make them responsible for the money that has
been paid to BEFAG. He said negotiation with BEFAG for the project is
ongoing and that Lamin Jabbie, Gamtel’s legal affairs manager is taking
part in the negotiations.

Mr. Ndow said he was instructed by the local government secretary of state
who was overseeing his ministry not to pay Standard Chartered Bank.

The commission witness, Abdoulie Sissoho, later applied to the commission
to grant an order for Gamtel to suspend all payments to Gamtel in respect
of the three million dollars until the government accepts the report of the
commission or till further notice. For her part, Ida Drammeh argued that
the granting of such an order will affect all commercial banks doing
business with government parastatals.

In his ruling, Justice Belgore said the issue under investigation is the
three million dollars and that the constitution has given the commission
the powers to grant such orders. He said parties are granted fair hearing,
which is why the commission is allowing counsels to represent. He went on
to grant the order.



The Paul Commission

By Abdoulie Dibba and Abdou Boye

Sheikh Tijan Hydara

Testifying before the commission, Sheikh Tijan Hydara pointed out that he
was appointed on the 17th of November 2003 as Attorney General and
Secretary of State for Justice and also responsible for National Assembly
Matters. At this point he submitted a document containing his other
responsibilities to the commission. He acknowledged receiving an asset
declaration form, which he said, was filed and returned to the commission.
He was shown a copy of the form for identification, which he did and
confirmed that, that is the very one he filled and returned. He indicated
that when the form was given to him, he refer to the estimate of revenue
and expenditure 2004 to filled in his emolument which include the non-
practicing allowance which counsels enjoyed when they are Attorney General.
He indicated that apart from his emoluments, he has no other source of
income but added that his father sometimes assists me. He said the
assistance from his father is not monthly or quarterly but anytime he needs
it. In recalling such assistance, Hydara pointed out that when he was newly
appointed as Attorney General and Secretary of State for Justice, his
father gave him D350, 000. He said, the father gave him this amount and
advises him not go to anyone to ask for anything or take anybody’s
property. He pointed that shortly after that; the father gave him another
D30, 000.

Continuing his testimony, Hydara said that the total sum gave to him by his
father in 2004 amounted to D30, 000. SoS Hydara indicated that there is a
plot of land which is a subject in court which he did not include in the
asset declaration form because he is not sure whether the plot will be his
or not. He said the subject before the court is a declaration of title. He
said he has purchased the plot for D15, 000 and used D80, 000 for fencing.
He indicated that all these financial commitments were well before his
appointment. He indicated that after his appointment as Attorney General
and Secretary of State for Justice, he make no financial commitment in that
plot. At this stage SoS Hydara was given a piece of paper to write the name
of children, their ages, the school they attend and the financial
commitment he make on each of them per term or year. He was then asked
whether he have ever applied for land allocation during his tenure of
office? In response, SoS Hydara pointed out that he never applied for land
allocation but that recently, he verbally talks to a colleague and was
allocated one in Kotu West. He said it was on the 25th of February 2004. He
indicated that the lease is ready but not with him at that material time.
He pointed out that he committed about D600, 000 in this plot. He said he
started the construction between March and April 2004. He pointed out that
he is constructing a storey building and has reached the deck level of it.
He said that he has not received any gift of sand or gravel. “I do not
receive any gift from anybody.” SoS Hydara pointed out that he has three
freehold properties in Brufut. He indicated that he has completed the
fencing of one of them, which was started long before his appointment. He
indicated that fencing is going on in the other plot and he has committed
D23, 000 including labour. He said he paid D4, 500 for labour and they work
on and off depending on the availability of cement. He also said that he
dug a well in this particular plot, which cost D2, 500. He indicated that
he has not committed any thing between 2003 to date in this plot.

Continuing his testimony, SoS Hydara pointed out that he has a plot of land
in the Brusubi when he was an acting registrar. He pointed out that he has
not undertaken any development in that plot so far. He indicated that
neither his wife nor his children were allocated a plot of land. He pointed
out that this year; he committed D3, 000 in farming. He said he grew
groundnut and maize. He indicated that he do not have his own farmland. He
also pointed out that he has not generated income in farming so far. He
said he has no investment in sand, gravel or timber. He indicated that he
has no property in trust for anybody and that nobody holds any property in
trust for him. He said he has no business outlet and that his wife is not
managing any business on his behalf and that he is not managing any
business for his wife.

Continuing his testimony, SoS Hydara indicated that he has no commercial
vehicle but that he purchased a private registration number BJL 6461B in
2002. He promised to furnish the commission with the receipt of the first
year insurance, and the transfer of ownership within 3 days. SoS Hydara
pointed out that his wife has no car and she sometimes used his utility
car. In term of furniture, SoS Hydara said that he can recalled that his
settee cost him about D35, 000. He pointed out that he has an account with
Arab Gambia Islamic Bank (AGIB) and Standard Chartered Bank. He said the
account at AGIB was opened before his appointment as Attorney General and
Secretary of State for Justice but that the one at Standard Chartered Bank
was after his appointment. He said during his period in office, he paid in
money in this bank and also made withdrawal. The statement of account from
AGIB was submitted and he promised to submit the statement of account from
Standard Chartered Bank from the day it was opened to date within 3 days.
He indicated that during the period under review, he has not remitted money
and has not received any such remittance from abroad. He pointed out that
has no foreign account or credit card. He highlighted that he is not a
shareholder in any company within or outside. SoS Hydara said he purchased
no jewellery for his wife in 2003 but that all the jewellery indicated in
the asset declaration form were purchased between 1996 and 2002. He
indicated that he couldn’t produce the receipts. He indicated that he is
not responsible for the education or maintenance of anybody outside the
Gambia.

Continuing his testimony, SoS Hydara pointed out that he has an overdraft
from AGIB, which should reflect in the statement of account and also a loan
of D500, 000 from Standard Chartered Bank in relation to the development of
his plot in Kotu West. He said he acquired the loan in 2001, which he is
not servicing yet. He said, the overdraft from AGIB has an outstanding
balance of D8, 000. He indicated that other than these banks, he does not
owe any individual and that nobody owes him.

In concluding his testimony, SoS Hydara indicated that he has never issued
or received any query and never has he being a subject of any query. He
said he has never help anyone to secure government employment and that he
has never ever participated in the awarding of contract. He pointed out
that he has never received gift from anybody in appreciation of a service
he has rendered.  He indicated that out of all the foreign trips he has
undertaken, he was able to made saving on only one of them and it was the
UNDP sponsored trip.



Bolong L. Sonko

The next person to testify was Bolong L. Sonko. In his testimony, he
indicated that before 1994 he was the permanent secretary department of
state for external affairs. He said in 1994 around 25th to 26th he was
appointed as SoS for External Affairs .he indicated that he left office in
March 1995. He pointed out that during his period in office, he has not
applied for land allocation. He said during or after his period in office,
he is not aware of any application for land allocation made by his wife or
children. He however indicated that his wife is allocated a land in Nema
Sutu. He said the farm in Sika Village is a family farm, which belongs to
his father who passed away 2 years ago. He indicated that he has not
committed anything in that farm during or after his tenure in office. He
highlighted that he has no investment in the exportation of sand, gravel or
timber during the period under review. He indicated that he has no
investment entrusted to any in their family or anyone individual. He said
during that period he was not holding any property on behalf of anyone. He
said during that period he bought no furniture because he finished building
his house and furnished it long before 1994. He said he built his house
when he was permanent secretary and there was no need to re-furnished it.
He pointed out that he got a government loan, which he used to build his
house. He indicated that he could not recalled when the loan was taken but
that after his appointment as SoS there was an outstanding balance and he
wrote to the accountant general department instructing them to use my
pension and gratuity to service the loan and it is now completed. He
indicated that they do write to him informing him that the loan is
completed but that somebody told him recently that he can go and get his
pension because the payment of the loan is completed. He indicated that he
cannot remember when he started receiving his pension but that he will
check his records. He indicated that he went to the accountant general
department and the land office for his title deed, which he used as
mortgage to get the loan but up to now he could not have it. He said he did
not write to them, he only talked to them orally. He pointed out that as of
now, he will write formally. He promised to furnish the commission with the
mortgage paper within three days. He pointed out that he is not sure
whether the deduction for the servicing of the loan will reflect in his
account during the period he was SoS. He said when he left office, he
engaged in environmental related, consultancy within the Gambia. He pointed
out that during the period of his consultancy he was operating the same
account. He said other than the consultancy, he has no other source of
income. He indicated that he has not received any remittance from abroad
and received no money for custody whether within or outside the Gambia.

Continuing his testimony, Mr. Sonko said between March to December 1995, he
cannot recalled generating any income from consultancy job, he however
pointed out that in 1996 one or two amounting to D50, 000. At this stage,
he was asked to submit his statement of account from the date it was opened
to date, which he promised to do within 10 days. Mr. Sonko indicated that
he bought a private car Renault 11 when he was a deputy permanent
secretary, which he used with his wife. Mr. Sonko pointed during his period
in office as SoS, he has not invested in any company and has no investment
in the name of his children. He indicated that he has no life or health
insurance policy, or a foreign account. He indicated that during his period
in office, he made eight foreign travels and he promised the commission to
supply them the records of his trips and per-diem as soon as he get them
from PMO. He was however asked by the commission to do so within 10 days
and assure him of their help through the secretary of the commission. Mr.
Sonko indicated that between 1994 and 1996, he was not responsible for the
education or maintenance of anybody outside the Gambia. He pointed out that
between 1994 to 1996, there was no loan granted to his wife. He indicated
that he has only one landed property given to him by government and another
in Sukuta, which he is using as an orchard. He said the landed property in
Sukuta is about 10 to 11 hectres.  Which he acquired in 1990 and leased in
1992. He indicated that between 1994 to 1995, he committed D5, 000 and 1995
to 1996 D2, 000. He acknowledged that he knew SoS Momodou Sallah who is his
neighbour. He said he do not know whether SoS Sallah’s plot is at the
Brusubi but that for him, he has his in Sukuta, Kombo North opposite the
Brusubi. He indicated that his Sukuta property was not declared because his
understanding was that properties acquired during your tenure of office
were the only one to be declared. He promised to supply the commission the
title deed of the Sukuta property. He acknowledged that he knew Sera Supply
and pointed out that Sera is his daughter. He also acknowledged that he
knew Famba Company, which was established in 1989, and that he became a
shareholder around 2001 through a discussion. He indicated that the
discussion was not documented but that re-structuring of the shares was
documented. He pointed out that between 1994 to 1996, Famba has not done
any work for government or a parastatal. He indicated that Famba as a
company was doing consultancy and procurement; he said Sera Supply was
established about 2 years and he has not committed any capital in it. He
said the goods are received on credit, which anyone can do. He pointed out
that his suppliers are outside the Gambia and they are Spanish. He
indicated that the first supply was received about 2 years ago. He
indicated that he did not met his suppliers in person he knew them through
a friend. Mr. Sonko pointed out that he has no house in Sika Village and
entire North Bank Division. He said the only house he has is the one in
Fajara 'M’ Section and that’s were he is living.



Nyimasata Sanneh Bojang

Thursday 5th August 2004 was day ten of the Paul Commission of Inquiry into
the property; assets and activities top public officers since July 1994 to
date.

Testifying before the commission, a nominated national assembly member,
Nyimansata Sanneh Bojang said she served as cabinet minister of health,
social welfare and women’s affairs from November 1996 to July 1997. She was
also appointed nominated national assembly member in 2001, the position she
has held up till now. She further said that since 1994 she has been active
politician. Mrs. Sanneh Bojang admitted receiving a declaration form from
the commission, which she filled and returned. She was shown the form for
identification, which she acknowledged. Hon. Sanneh Bojang said between
1997 to 2001 she continued to be an active politician.

Mrs. Sanneh Bojang denied engaging in any means of generating funds or
business after she was relieved except what her children abroad send her
for the upkeep of the family, which she said, is still continuing. She
added that she forgot to indicate her three-room shop, which she is
currently constructing in Kotu East. She said the construction started few
months ago (2004). She further said none of her children were going to
school by 1996 when she was appointed minister. She revealed the only thing
she does for them is sending them hairpieces, traditional dressing and so
forth.  She denied applying for a plot of land except in 1983. She said all
her properties were bought before 1996, noting that she was having only one
self-contained building when she was relieved from office. She added that
in that particular building she also built four boys quarter’s room. All
buildings amount to about D50, 000.00 or little above that and was finished
1996 a month after her appointment. She explained that she build it through
her generous friends whom she knew since in the late 80s, Babanding
Sissoho. She further explained that she used to visit him from time to
time. She said when she was relieved from office, Babanding called her and
asked her what she wanted, then she told him that she wanted to erect boys
quarters. Babanding then drew her a cheque for D150, 000.00 which she
cashed at the Continent Bank.   After building the boy’s quarters she used
the little balance to fence her family compound, she added.

Mrs. Bojang denied helping any of her children to acquire land, adding that
they (the children) don’t have any “official land”.  She said two (2) of
her plots of land were acquired before her appointment.  In 2000-2001 she
acquired the other three (3) plots land.  She said she acquired the one in
Kerr Serign from the Alkalo in the late 80s, but the one in Brufut is long
time and she cannot remember when it was.  She further explained tat she
acquired these plots for the benefit of her children.  She promised to
bring the documents in three (3) working days.  She said between 1996-98
she did not develop any of her plots, except the one in Kerr Serign, which
she said, her children started developing.  She said apart from politics
she doesn’t do anything.  She admitted buying one jewellery in Jeddah in
the late 80s and in 2003 she bought another one when she went to Mecca to
perform the Hajj.  She denied buying any jewellery during her term in
office as Minister.  She said after four (4) months of her relief from
office she spend about D60,000.00 on furniture in Babanding’s money.  She
said despite the money she receives from her children, she does help
people, because as a politician people will always come to you for
assistance.  She admitted buying a car from a man called Patrick last year,
whom she said she knew for a long time in Nigeria, because she has a sister
who is married in Nigeria and she used to visit her.  Before she bought the
car she had a Peugeot 504 and it was in the First Republic.  She said she
never gave contract to anybody.

She explained that during the transition period, when one is relieved from
office as minister one would answer to the Police Fraud Squad, which she
had gone through and after two (2) months of investigation she was
released.  She also said she did not take any loan when she was in office.
She said she travelled only two (2) times as a minister and that was to
Geneva and South Africa.  She further said she was not handling her per
diems.  After her expenses she can’t remember how much she was left with.
She promised to bring documents relating to her per diems within one week.
She then tender her letter of appointment dated 6th November 1995 to the
commission.  She said when she was a minister, apart from her monthly
salary, and children’s contributions she did not have any source of
income.  She further said her salary was paid into her Bank Account and the
money she received form abroad through her bank account and businessmen,
but sometimes when they see a reliable person coming to the Gambia they
give it to the person.  By November 1995 she was banking with BICI,
Continent Bank and Standard Chartered Bank.  When she was appointed
minister she opened a current account, but could not remember in which of
the three (3) banks it was.  She promised to bring her Bank statement
within seven working days from the two banks she is banking with.  Between
November 1995 - December 1998 none of her children opened any account but
they have a savings account at the Standard Chartered Bank.  She is not a
Joint Signatory to her children’s’ accounts.  She said during her eight (8)
months in officer she could vow that she never engaged in any investment
transaction, she concluded.



Ousman Badgie

The second witness was the Former SoS for Interior and Religious Affairs,
Mr. Ousman Badjie.  In his testimony before the commission, Mr. Badjie said
in July 1994 he was at the Gambia Gendarmerie.  He was transferred to the
Gambia National Army for one month, then in September 1994, he was recalled
to the Gambia Police Force were he was serving till his appointment as SoS
on the 27th January 1999.  He admitted receiving a declaration form from
the commission, which he filled and returned.  He was shown the form for
identification, which he did.  He tender his letter of appointment dated
March 26th 2002.  On the 9th September 2003 he was reappointed and that
letter was also tendered to the commission.

Mr. Badjie added that he forgot to indicate three (3) TV sets and one
Radio.  He said the first TV was bought in 2001, the second one was during
the last world cup in 2002 at around D3,000.00 and the third one was in
2003 at D3,000.00. When he was asked to bring the receipts of the said
items, he replied that he could not produce them because he does not keep
receipts for more than two (2) months and he was in a government quarters.
When he was relieved from office he moved to his own house and most of his
papers got lost.  Mr. Badjie described the Radio as a satellite one and
bought it in Senegal.

Mr. Badjie said his stepbrother’s son is attending West African
International School whilst his 10-year-old daughter has been staying with
his brother in the USA since 1995.  His wife has working at the UNDP for
the past ten years.  She is the Assistant Programme Officer.  He denied
having any other source of income when he was SoS.  Mr. Badjie said he used
to receive gifts in kind from his brothers who are our side the Gambia.
Mr. Badjie also said he was not paying his step sons’ school fees, because
he married his mother last June, and his daughter is fully taking care.

Since July 1994, he never applies for a plot of land, but was officially
allocated one plot of land in Kotu East on the 3rd of March 1992.  He then
tender the land documents to the commission.  He said the property is
developed and that is where he is living now.  He started fencing it in
1994 and in 1995 he started the foundation and the first floor was
completed in 2003. The building has three (3) bedrooms.

Mr. Badjie said he couldn’t tell how much he spent on the building, because
he was not keeping daily records of the activities.  But he could recall
that he used his savings/salary at the International Bank for Commerce
(IBC).  He said apart from his building he did not enter any building
contract for anybody.  He revealed that his wife bought a house from Social
Security & Housing Finance Corporation (SSHFC), Brusubi and has another one
from her father in Brufut, but she doesn’t have any official allocation.
Mr. Badjie said he doesn’t have any idea about how much she bought the
SSHFC property.  He promised to bring the documents of the two properties
at the next sitting.  He said his wife did not develop any thing in the
SSHFC land, but has fenced the property in Brufut and a watchman is
residing there.

Mr. Badjie further said he did not have any farm, but last year he got one
in Soume and Somita when they adopted him as their father and he cultivated
coos on them.  He denied selling it when it was harvested, but consumed it
with his family.  He said he doesn’t exploit sand, gavel and timbre and
nobody’s doing it for him.  He also said he don’t have any business.  The
furniture was acquired in 2002 and amounted to D5,000.00, he posited.  Mr.
Badjie said he once gave his wife a wrist watch during his last official
trip around July 2003 to the USA (New York), costing $100.  Mr. Badjie said
he and his wife bought one air conditioner each for his sitting room in
2003. The two air conditioners cost D17,500 and D10,000.00 respectively.
Mr. Badjie said before his appointment he had no car, during his term in
office as SoS he was using his official cars and now he is having 316 BMW
Private car.  He bought it in Banjul in December 2003.  He promised to
bring the receipt by Monday.  He added that his wife is having a diesel
Mercedes Benz 200.  She bought it well before they got married, noting that
he didn’t buy any car for her.  Mr. Badjie further promised the commission
to bring his purchase duty, insurance and his wife’s transfer of property
on Monday.  He and his wife are not shareholder outside the Gambia.  He
denied being a Director of any of the banks or institutions.  He said he
once took a loan in May 2003 and since his relief from office his brothers
are helping him to pay the loan.  He explained that one of his friends
lecturing at the Gambia University granted him the loan.  Mr. Badjie said
when he was SoS he travelled several times.  He said he will try to get
records of his per diems and allowances from the Department of the Interior
and if he couldn’t have it, he would write to the commission about it.  Mr.
Badjie said he does not owe anybody and nobody owes him.  His wife is
engaged in tie and dye business and she is keeping records of her sales.
He promised to bring the documents relating to this by today, Monday.  She
is having her own personal account at the Standard Chartered Bank (SCB)
were her salary goes and his salary goes to his IBC account.

He said during his term in office as SoS his current account, which he
opened in 1990 was active, but now it is dormant.  He defended his wife by
saying apart from her salary she doesn’t have any source of income.  Mr.
Badjie said he could recall around 2002 and 2003 approving a short fall of
receipts in the Immigration Department and when it was discovered by the
Auditors’ report, the officers responsible were asked to pay the money, but
he doesn’t know whether they have finished paying it or not.  He said he
didn’t award contracts to anybody, because it was not under his portfolio
as SoS.  He finally said he didn’t receive any gift from anybody in
rendering services during his term of office.

The sitting of the Commission continues, Monday 9th August, 2004.



Dumo Saho And Co.  Granted Bail

By Surahata Danso

According to police sources Dumo Saho, Ebrima Yarbo and Ebrima Barrow were
granted bail with a single surety and a landed property in the Greater
Banjul on Monday 2nd of August 2004. The sources further indicated that the
three were re-arrested following the declaration of the intent by the state
that they would appeal.

It could be recalled that Dumo Saho with the two Ebrimas were arrested
nearly four years ago with three other military officers on an alleged coup
plot. The six were detained in Mile Two Prisons pending their appearance in
court in 2003, following which  the three military officers were released
well before the final judgment on the case on Friday 30th July 2003, when
Dumo Saho, Ebrima Barrow and Ebrima Yarbo were

released by the trial judge, Justice Ahmed Belgore

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