Foroyaa Newspaper Burning Issues

Issue No. 51/2005, 30 June- 3 July 2005



Editorial



CONSTITUTIONAL CRISIS



“ARE SPECIAL JUDGES TO BE FLOWN IN TO HEAR THE CASE OF PARLIAMENTARY OPPOSITION?”

The parliamentary opposition gave a warning about an impending constitutional crisis if judges are not around to make the Supreme Court functional to hear their case.

Apparently, judges are to be flown in to hear the case on the 4, 5 and 6 of July. This shows the importance of this case in determining the quality of democracy in the country.

Apparently, people are still not aware of the separation of powers between the executive, judiciary and the National Assembly. It is not clear to most that the president cannot drive an elected member from office. In fact, it is the National Assembly Members who can impeach the president for corruption and violation of the constitution. These constitutional powers are yet to be known in the Gambia because of the fact that the overwhelming majority of the ruling party MPs are unable to flex their muscles to control the executive.

In the future, MPs must avoid being partisan when it comes to their oversight function over the executive. The case of the parliamentary opposition will restore the confidence of the people in a constitutional order.

The fact that the members are still functionary as National Assembly members shows the power of the constitution and those assigned the responsibility of interpreting and enforcing it. When a country has upright and knowledgeable judges justice will always be done and be seen to be done. This is how the judiciary contribute to stability in a country.



SPEAKER/HALIFA ISSUE

“Storm In A Tea Cup” Says Halifa Sallah

Foroyaa: The Daily Observer wrote about a clash between you and the speaker. what is this all about?

Halifa: This was just a storm in a tea cup. It is very trivial. It was my duty to make a point and it is now left for people to draw the lessons.

Foroyaa: Can you explain what happened?

Halifa: The annual report of the IEC (2004) was laid before the National Assembly. The member for Upper Saloum made a motion for the report to be given to the Special Select Committee on the IEC for review before a thorough debate on the essence is entertained. I seconded the motion. The Speaker should have put the question before the National Assembly that the motion has been made and seconded. However instead of putting the question, the Majority Leader rose to raise other issues. I raised a point of order so that the speaker would focus on putting the question before the National Assembly.

Foroyaa: Why did the Observer write that there was a clash?

Halifa: According to our Standing Orders when a member rises to make a point of order the member speaking should sit down for the speaker to listen to the point of order and then make a decision. In this case, the Majority Leader did not sit down when I raised a point of order and the speaker was not ready to listen to the point as required by the Standing Order. I continued to raise the point to remind the speaker of the procedure, I felt that if I held on to my point he will reflect on the requirements of the Standing Orders. This is how matters stand. It was indeed a storm in a tea cup. The National Assembly operates according to its Standing Orders.

Speaker has the primary responsibility to guide the deliberations of the National Assembly according to the Standing Orders. In fact it is the degree mastery of the Standing Orders which determines the experience of Speakers of parliament.



GAMCO RECEIVED D57.8 M FROM PUBLIC ENTERPRISES

During the question and answer session at the National Assembly on Tuesday, the Minority Leader and member for Serrekunda Central, Hon. Halifa Sallah, raised the following question: “Mr. Speaker, would the Secretary of State for Finance and Economic Affairs indicate to this National Assembly, the sum of money received by GAMCO from public enterprises, in order to purchase groundnuts in the 2004/2005 trade season and the terms of landing?” In response, VP Njie Saidy deputising for the SoS for Finance, indicated that GAMCO received a total contribution of D57, 893, 330 (fifty-seven million, eight hundred and ninety-three thousand, three hundred and thirty dalasis) from public enterprises as equity participation and that for the 2004/2005 trade season, GAMCO contracted loans amounting to D120, 000, 000 (one hundred and twenty million dalasis) from Guaranty Trust Bank Ltd. These loans, VP Njie Saidy said, were guaranteed by Social Security and Housing Finance Cooperation (SSHFC) and that
 25% of the amount has since been recovered.



WINSTON ABLE THOMAS’ D68 MILLION CRIMINAL CASE

By Emil Touray

Winston Able Thomas of Gam Investment Brokers Limited who is charged with two counts of economic crimes for intentionally causing loss to the Central Bank of The Gambia in foreign currency equivalent to sixty-eight million dalasis, on Tuesday appeared in court before Justice Tahirr.

The case did not proceed on Tuesday nor did the lawyer for the accused person, Isatou Combeh Njie, appear in court. Readers could recall that the accused person’s failure to appear in court irked the prosecutors at the state law office who later applied for a bench warrant in order to facilitate the accused person’s appearance in court. The prosecutors’ application for a bench warrant was granted by Justice Abubacarr Tahirr.

Winston Able Thomas under the name of Gam Investment Brokers limited is accused of intentionally doing things which have been shown to be detrimental to the economy of the Gambia or the welfare of the people of the Gambia.

The accused person had pleaded not guilty to the charges preferred against him. The case which was before Justice Savage was later transferred to justice Tahirr following the reforms at the High Court. Despite the fact that the case has been in court for over one year now, proceedings are yet to commence.



LOW PREVALENCE OF BRUCELLOSIS RECORDED IN THE GAMBIA



By Emil Touray

Studies have shown that the presence of various pathogenic bacteria causing brucellosis and mastitis has serious repercussions on diary farming and is a cause for concern for human health. Serological tests on serum and milk samples for brucellosis (Brucella abortus) showed that the prevalence is low in the Gambia. The release issued by the International Trypanotolerance Centre showed that brucellosis is a herd problem and has focal distribution, and that more survey should be done at a larger scale before drawing conclusions on national level.

The release did indicate that two methods of tick control using acaricides in the Gambia have been confirmed efficient, as both have significantly reduced the body tick count on the Ndama cattle, thereby limiting the incidence of parasitic diseases transmitted by ticks.

According to the release, control strategies for ticks, tsetse and trypanosomiasis were assessed in different risk areas and their efficiency and cost/benefit evaluated. Studies confirmed that the previous patterns of trypanosomiasis indicated that the tsetse fly is still a major problem in the Gambia. The release further indicated that studies carried out by researchers identified low, medium and high risk belts in the Kombos, and showed that crossbred cattle are more sensitive than the Ndama.



At the National Assembly

NAMS SCRUTINIZE THE EXECUTIVE



By Abdoulie G. Dibba

During the question and answer session at the National Assembly, the National Assembly Member for Jarra West, Hon. Kemeseng Jammeh, raised the following questions regarding efficient electricity distribution:- “Mr. Speaker, for some months now, we have in place a new network to facilitate a more efficient electricity distribution system in the Greater Banjul Area. Could the Secretary of State responsible for energy, inform this august Assembly why this new system has not still been commissioned in areas like Tallinding, where the distribution system is still very bad?” In response, VP Isatou Njie Saidy, deputising for the president who is the SoS for Energy, said that the new transmission and distribution system had 23 distribution substations to alleviate the low voltage network. She said that she was happy to inform the Honourable Member that all the 23 have now been successfully commissioned including the one in Tallinding, which was commissioned on the 14th of May 2005, after the
 initial substation installed in November 2004 had a problem and was replaced. VP Njie Saidy said that the customer transfer are being done now to the two (2) new substations and that once that is completed, it will result in improved quality of service for the customers, particularly those in Tallinding.



On his part, Hon. Edrissa Samba Sallah raised the following question regarding the results of the Judicial Committee’s enquiry into the activities of Magistrate King:- “Mr. Speaker, could the Secretary of State for Justice, kindly indicate to this august Assembly, the results of the Judicial Committee’s enquiry into the activities of Mr. Abubacarr King, former magistrate in Western Division and if found liable of any judicial malpractice, what effort is the government doing to extradite him to the Gambia from wherever he is living now, to face the changes?”  In response, SoS Raymond Sock said that the inquiry into the allegations of misconduct and possible misappropriation at the Brikama Magistrate’s Court, has found that both former Magistrate Abubacarr King and the Assistant Registrar, Mr. Momodou Manneh, were involved in corruption and misconduct. The report of the inquiry, SoS Sock said, was submitted to the Judicial Service Commission which decided that the two officers should
 be dismissed. SoS Sock said that he is not aware of any request from the Judicial Service Commission for former Magistrate King’s extradition. In a supplementary question, the member for Sandu, Hon. Abdoulie Kanaji Jawla asked whether it was fair to dismiss the two officers and how government intends to recover the funds? In response, SoS Sock said that the funds could be recovered through the judicial process and that the dismissal of the officials is a decision of the Judicial Service Commission. Asked how King could face the judicial process, SoS Sock indicated that if a request is made, King could be extradited but that the request must come from the judicial service commission. SoS Sock was told by deputies that it is their concern that a request be made, which he noted.



On his part, the National Assembly Member for Serrekunda Central and also the Minority Leader, raised the following question regarding the list of properties that were ordered to be forfeited:- “Mr. Speaker, would the Secretary of State for Justice indicate to this National Assembly, the list of properties that were ordered to be forfeited to the state by the Public Assets and Property’s Commission, state how they have been disposed of and further provide an authentic copy of the report to the commission?” In response, SoS Sock said that the report of the Commission of Inquiry referred to by the Hon. Member was submitted to his Excellency, the President and had not been published. Consequently, he said he is not in a position to provide the Hon. Member the information sought after. Hon. Sallah raised the following supplementary questions:- “Is the SoS aware of any property being forfeited to the state and how are these properties disposed of, if not could he find out?” In response,
 SoS Sock said that he is not aware of any property forfeited to the state. He pointed out that he knew that the commission has made recommendations for properties to be forfeited to the state and added that he would find out.



Hon. Kemeseng Jammeh raised the following supplementary question as to whether the SoS for Justice could make the copies of the report available to the members of the National Assembly? In response, SoS Sock said that the constitution provided that the report be submitted to the president and that he (the president) has the prerogative for it to be published or otherwise.

The Minority Leader and member for Serrekunda Central Hon. Halifa Sallah raised the following question that he would assume that the report was made before the constitution came into being and that within the 1997 constitution it is indicated that the president should publish the report within 6 months or indicate why it will not be published, “Are you aware of any reason given?” In response SoS Sock said that he was not referring to the Public Assets and Property’s Commission but instead to another commission which he apologised for.



HUMAN RIGHTS VIOLATIONS ARE UNACCEPTABLE

The newly appointed chairman of the governing council of the African Centre for Democracy and Human Rights Studies, Mr. EA Ayola has told the Foroyaa that violation of human rights which used to occur in the past are unacceptable today in Africa and the globe. Mr. Ayola a former Chief Justice of the Gambia from 1983 – 92 made these remarks at the Paradise Suite Hotel at Kololi barely days after his appointment.

The chairman of the African Centre opined that the level of awareness of human rights is improving all over Africa. To back up his point, the former Supreme Court Judge indicated that the level of human rights violations which used to exist in the mid 70s up to some time in the 90s has drastically reduced. Chairman Ayola further indicated that human development is a process that with time and hard work Africa can champion the human nature’s course of human rights globally. He noted that at present there is consciousness for the promotion and protection of human rights in all African governments to the level of monitoring themselves under the peer review committees.

On the scope of limitation of work of the centre, Mr. Ayola stressed that their limitation has gone beyond the civil and political rights; that the scope of the centre also covers social, economic and cultural rights. That this is why African governments of late are asked to take serious stances on the socio economic rights of societies as key in their development agenda. Former justice of the supreme court of Nigeria and current chairman of the Centre also opined that one would say that there have been remarkable achievements in the area of human right promotion in Africa; that the centre had trained human rights advocates all over Africa 92) assisted in a lot of areas in the NGO forum and (3) held human rights conferences all over Africa. He pointed out that what is now left is to practice all the knowledge gained by introducing them on the grassroots.

When finally asked about the proposed training centre whose foundation stone was laid by the Vice president, Isatou Njie Saidy, the chairman said that the centre had already acquired some funds for the preliminaries of the project and would soon call on donors before the tendering for contracts. It could be recall that both the president of the Republic of the Gambia and the vice president have made open pledges of 80% to this important project of the African people. Chairman Ayola had retired 2 years ago as a Supreme Court judge of Nigeria. He is also the 2005 appointed president of the UN sponsored court of Sierra Leone.





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