Foroyaa Newspaper Burning Issues

Issue No. 26/2005, 4-6 April 2005



Editorial

The Aftermath of The Commission Report

Many have been enquiring from FOROYAA what is happening after the submission of the report of the Paul Commission to the President in March. They wonder why the report has not been published and whether or not it will be published. They could not understand why details of dismissals and arrests have not been given.

The constitution does make provision for the establishment of a commission of inquiry by the President under Section 200 Subsection (1): “The President may, whenever he or she deems it advisable, issue a Commission appointing one or more Commissioners and authorizing such commissioners to inquire into:-

(a)        the conduct of any public officer

(b)        the conduct of any District Chief or Alkalo

(c)        the conduct or management of any department or authority of the public service or any local government authority or public enterprise; or

(d)        any matter whatever arising in The Gambia in which an inquiry would, in the opinion of the President, be for the public good.”

Last year, at a time when there was a lot of talk against corruption, the President set up a commission of inquiry into the assets, properties and activities of public officers from the period 22nd July, 1994, to 22nd July, 2004. All top public officers that served in the Jammeh Regime except Jammeh himself appeared before the commission. The question now arises:” What should happen after the commission has submitted its report to the President?”



According to section 203 of the Constitution: “On receipt of the report of a Commission of inquiry –

(a)        the president shall within six months publish the report and his or her comments on the report, together with a statement of any action taken, or the reason for not taking any action there on; or

(b)        where the President refuses to publish the report for reasons of national security or otherwise in the public interest, he or she shall within six months, publish a statement to that effect.”

Since the report was received on 21 March, 2005, by 21 September, 2005, the public should either have access to the report or a statement on the matter by the president.

Furthermore, there are reports of appeals to the Court of Appeal by persons against whom adverse findings have been made. These persons are simply exercising their constitutional rights. In short, according to Section 204 Subsection (1) of the constitution “(1) Where a Commission of Inquiry makes an adverse finding against any person, it shall, at the time of submitting its report to the President, inform such persons of the finding and the reasons therefore.” Subsection (2) of this section states: “A person against whom any such adverse finding has been made may appeal against such finding to the Court of Appeal as of right as if the finding were a judgment of the High Court; and on the hearing of the appeal the report shall be treated as if it were such a judgment”.

An appeal must be made within three months. Needless to say, a decision by the Court of Appeal can be appealed against in the Supreme Court. What Gambians should realize is that with a proper judiciary in place no one can meddle with justice. A wrong decision can be overturned and a right decision affirmed by a Higher Court.



TAMSIR JASSEH & CO. CHALLENGE COMMISSION’S DECISION

Battle lines have been drawn following the submission of the anti-Corruption Commission Report by Honourable Justice M. A. Paul and his team to President Yahya Jammeh.

Following the upsurge in the firing and detention of those found liable by the Paul Commission and President Jammeh’s averment that his government will not spare any “sacred cow”, most of those asked to pay have hired legal practitioners to challenge the findings and decisions of the commission.

The former Director of Immigration, Tamsir Jasseh,  former Permanent Secretary at the Department of State for Finance and Economic Affairs, Karamo Bojang and one Foday Barry have challenged the decision of the commission by filing suits at the Court of Appeal. Sources have it that most of those aggrieved with the commission’s decision have hired Lawyer Antouman Gaye and Ousainou N. M. Darboe to challenge the commission’s decision on their behalf. Last week a lot of suits were filed at the High Court Registry. However, the Court of Appeal which is supposed to hear the appeals is not properly constituted.



ANOTHER THREAT TO THE COASTLINE?



By Surakata Danso

The officials of the coastal protection monitoring unit of the National Environment Agency (NEA) have confirmed to this reporter that there had been exceptionally serious tidal waves causing erosion along the coastal lines, the past weeks, coupled with intensive heat. The group however indicated that they could not determine how much this had impacted on the beach; that as a monitoring unit, their role is to take measurements from offshore to the sea against the diagram provided to them by the consultants from Holland. The group further indicated that their sole role is to take that information and report back to their director who reports the matter to the consultants whose duty is to decide what needs to be done.

The group of monitors made this disclosure on Thursday, 31 March, 2005, following an observation by this reporter and a lot of concerned citizens affected by tidal waves action at the beach area, dredged alongside the coast from Ginnack to Kololi. It is observed in some areas also that the water flow moves as far as the previous end of the coastal destruction by the sea waves, thereby impacting on the edges of the parts of the beach already constructed.

On the suggestion of sea defence walls to be built in front of the sand, the monitoring unit opined that even though they are not engineers, they have made enough observations on this type of work whereby dredged sand is used to reclaim beaches. The officials finally indicated that at the moment they are seriously engaged in their monitoring exercise and would report back to their Director.



WILL ALL TEACHERS IN REGIONS 3 – 6 GET PAY RISE?

By Tombong Jadama

Will all the teachers in Regions 3, 4, 5 and 6 get a pay increase? This is not clear at the moment. Many teachers in these regions were of the impression that they were to receive additional allowances as an incentive to teach in difficult areas. Such an expectation arose from the President’s recent statement while addressing the National Assembly. He said, “Teachers serving in difficult regions will from now on be paid varying amounts of hardship allowances as follows: Region 6 (URD) teachers will receive 40% of their basic salary, Region 5 (CRD) 35%, Region 3 (NBD) and Region 4 (LRD) 30% and teachers in the Fonis in Region 2 (WD) will be given 25%.  It is the hope of Government that all this intervention will ultimately lead the Gambia to attain all educational targets, be they tied to national or international framework.”

Many concerned teachers in the provinces have informed FOROYAA that they have been enquiring from their regional offices about the additional allowance, but were told that only those in difficult places are entitled to it. They went on to say that they were also told that only those teachers who are off the road are entitled to it and not those on the highway. For example, teachers teaching in Sare Alpha which is on the highway are not entitled while those teaching in Madina Samako which is 5 kilometres from Sare Alpha are entitled because it is off the road.

A senior officer at the Gambia Teachers Union told this reporter that they received queries from teachers in these regions concerning the same issue. He added that what he knows is that everything is in the process, noting that after the policy announcement it has to be adopted. He went on to say that the Catholic Fund already supports teachers in their schools in difficult areas which he noted is a good incentive for teachers. The GTU official also informed this reporter that the additional allowance is categorized according to regions

Efforts were made to speak to the authorities at the Department of State for Education, but they promised to issue a press release on the matter. One will expect the press release to deal with the issue of whether all teachers in regions 3 to 6 will be entitled to the additional allowance as incentive. In other words, will teachers be excluded because they are on the road? Will they be excluded because they are unqualified teachers?



JUSTICE PAUL RESCLUSES HIMSELF FROM LANG CONTEH’S CASE

Reports reaching Foroyaa have it that Honourable Justice M.A. Paul has decided to recluse himself in the economic crimes trial involving the state and the former head of foreign exchange at the Central Bank of The Gambia, Lang Conteh.

The reports indicate that the learned trial judge who was also the chairperson of the anti-Corruption Commission set up by President Jammeh to probe past and present civil servants who served the AFPRC/APRC regimes, decided to recluse himself from hearing the criminal case involving Lang Conteh after his commission made adverse findings against the latter. Following the submission of the commission’s report to President Jammeh, the learned high court judge decided to recluse himself from the aforesaid criminal case by minuting the file of the said case to Chief Justice Alan Brobbey for possible reassignment to another judge. It is a normal practice in law for judges and magistrates to recluse themselves from matters to avoid prejudice.

Justice Tahirr and Justice Paul are the judges responsible for criminal matters. Justice Izuako who is responsible for hearing miscellaneous matters, occasionally hears criminal matters. Lang Conteh’s case is likely to be presided over by either Justice Izuako or Justice Tahirr.

Lang Conteh is charged with eight counts of Economic Crimes under the Economic Crimes Decree (Decree 16 of 1994). His case is expected to start on the 11th of April, 2005. He is now remanded at the Mile Two Central Prisons.



AT THE NATIONAL ASSEMBLY

DoSE UNDER THE MICROSCOPE OF THE NATIONAL ASSEMBLY

The National Assembly Select Committee on Education and Training undertook a tour of all the educational regions in the country. FOROYAA started publishing the report in the last issue.

Continuing with his report, the Chairperson of the committee, Hon. Sulayman Joof said under infrastructure that there also exist schools with enough classrooms but not enough furniture; that some have empty / unused classrooms. On the issue of overcrowding the report indicated that very few schools complain of this as in some of the schools, the enrollment is low and as such there is multi-grade teaching (Ballanghar and Chilla LBS’s)or that classes are inadequate and the school resorts to double shift.

On the other hand, the report said that overcrowding occurs due to inadequate staff and classes are put together. Still on infrastructure the report said that there are separate toilets for boys and girls especially in the girl -friendly schools. The conditions of the toilets in some schools, according to the report, are poor and of poor quality and do not meet the pupil -toilet ratio. The report pointed out that school administrations are ignorant of the requirement for the number and ratio of toilets to pupils; that nor is this observed during construction works and as such, toilets are found to be inadequate across the board. The report also indicated that the average number of toilets in schools visited in these two regions range between 4 and 10.



On Libraries, Laboratories, Technical And Skills Training Facilities

Continuing with his report, the Chairperson, Hon. Sulayman Joof said that the conditions of the libraries in the schools are of concern as books are not enough and even those available are irrelevant, old, outdated and have little to offer in terms of reinforcing learning. The report went on to say that in some of the schools visited, the libraries are kept in un-used stores with no ventilation or proper furniture and in other schools, there are no libraries; that there are no trained librarians and the teachers handling these facilities are inexperienced to be able to assist the students in “learning how to learn” from these type of resources. The report went on to indicate that in all the three (3) senior secondary schools visited in these two regions, only Essau has a laboratory for the teaching of Science subjects. According to the report, it was learnt that as a result, the other SSS have to go to Essau or Farafenni to do their WAEC (WASSCE) exams  because these schools do not
 meet the requirement to be registered as examination centres; that this has implications for both the school administration and the students concerned in terms of transport and boarding, adjusting to the different environment at such a crucial time not to mention its effects on their performance and related demands for the number of transfers. The report went on to show that “there is also the issue of structures for the teaching of Technical and Skills subjects”; that in the basic cycle schools, upper basic schools and senior secondary schools, there is an acute shortage of related facilities such as workshops and equipment. As a result, the report continued, subjects like Woodwork, Metalwork, Technical Drawing, Home Science etc. are either done without practical work or not done at all.



On Supervision, Inspection, Assessment And Standards

Continuing with his report, the Chairperson of the committee pointed out that it is evident in logbooks and visitors’ books in almost all the schools visited, that not many visits are made by the Regional Education Officers or the Standard and Quality Assurance Directorate (SQAD) officers to give support and feedback on the teaching-learning process; adding that quite a number of senior teachers and heads do not supervise their subordinates and hardly check pupils’ work or teachers’ records of work. The report went on to show that most heads of schools are not aware of the assessment policy; that for the few who are aware of the policy, no related documentation was found on policy assessment and only a few schools could produce any record and that teachers claimed that pupils and students are being assessed through periodic tests and exams but then the report continued that there was little evidence of this particularly at the Lower Basic level.



On Records Of Work And Lesson Plans

The report went on to show that records of work and lesson plans are done by few teachers and are kept in very few schools; that some claim that exercise books to that effect have not been provided by either the Regional Office or the school; that there is no evidence of systematic monitoring of work done by pupils and the checking of records and schemes of work; that this indicates that most teachers teach without any form of preparation; that quite a number of the qualified teachers met, are below standard as some of them cannot even express themselves well in English. “It is believed that with adequate and proper resources backed by effective management structures, the performance of pupils will be greatly enhanced.”



On Teacher Motivation And Attrition

The report of the Select Committee on Education and Training pointed out that the condition of service of the teaching profession in the regions visited is very poor and de-motivating; that some of the senior teachers met during the visit complained of acting in one position for more than five years without being appointed or paid any allowance; that there are some teachers who have been in the same region for ten years or more without being transferred albeit some requesting to do so; that these, the report continued, could be de-motivating for serving teachers and discouraging for potential ones; that all newly trained and appointed teachers complain of non-payment of salaries for three months; that they were grappling with financial problems compounded by the frustration of being left in limbo; that the low wages of unqualified teachers is also a recurring complaint; that these unqualified teachers earn such a meagre amount that they can hardly meet their basic needs (rent and
 food) for sustenance and live in a decent place; that they are not paid any allowance which makes it even more difficult; that the contract teachers are not better off either; that their contracts start in September and end in July and are not paid any allowances; that most of these contract teachers, are retired teachers who have experience and can mentor younger teachers if encouraged. The report further went on to indicate that there are reports of frequent movement of teachers relating to the poor condition of service, hence the high rate of attrition of teachers; that some would even leave immediately after completing their training at the Gambia College and the University of The Gambia implying that teaching is used as a stepping-stone.



On Accommodation

The report also indicates that most of the schools visited had no accommodation for teachers and that where it is available, the condition is at the quarters were so poor that one hardly believes that these teachers hardly live in them; that there is an urgent need to rehabilitate them; that teachers were found living in grass huts with their families and some in old classroom blocks; that there are cases, where two to three teachers live in a single room. The report continues to say that it has also been found that teachers find it difficult to get accommodation in some communities and so they end up living in rather unbecoming conditions.



On Water

The report shows that where there is inadequate source of water, considerable amount of time is also wasted in fetching water from the village and this impinges on vital instructional hours; that a good example is Ballanghar Lower Basic School.



JUSTICE GRANTE RETIRES

Justice Wallace Grante of the Gambia Court of Appeal has retired from active service after decades of serving the country’s judiciary.

The retired Appeal Court judge could be remembered for taking bold decisions against attempts that were aimed at stifling press freedom in this country. As Principal Magistrate, Justice Grante presided over the high-profile case involving the former Editor of the Torch Newspaper, Sana Manneh who, among other things, alleged that some ministers, serving under former President Jawara, were corrupt. The latter was dragged to court by the state, but following a rancorous legal battle which attracted public attention, Justice Grante delivered judgment that favoured Sana Manneh. The learned trial magistrate later travelled to Botswana on international appointment where he spent a number of years. On returning home, Justice Grante was appointed a High Court judge. During his tenure as High Court judge, Justice Grante presided over the appeal involving the state and Citizen FM. This matter was brought to the high court by Baboucarr Gaye (Proprietor of Citizen FM Radio) following the closure
 of his radio. But after going over the evidence  presented by the counsel for the plaintiff, Surahata Janneh, and the evidence led in court by counsel for the state, honourable Justice Grante sieved the chaff out of the wheat and concluded that the closure of Citizen FM was a wrong move by the state. This verdict led to the reopening of Citizen FM in November 2000 though this was thwarted by the executive.

The appointment of Justice Grante by the country’s judiciary as the Chairperson of the Media Commission which was supposed to implement the draconian legislation that was aimed at muzzling the press took everybody by surprise. However, despite the inauguration of the commission, Justice Grante did not urge media houses or media practitioners to be registered with the said commission nor did he implement any of the controversial provisions that were contested by media practitioners at the time. Some analysts believe that his appointment was a trick aimed at undermining what he had stood for.

His departure has created a dent in the country’s judiciary which is currently beleaguered by manpower shortage. He was at the Court of Appeal together with Justice Okoi Itam and Justice Gibou Janneh. But following the appointment of Justice Gibou Janneh as a Supreme Court judge and the departure of Justice Itam, he was the only judge left at the Court of Appeal. This means the Court of Appeal has no judge presently. Justice Belgoreh and Justice Tahir are often co-opted to the Court of Appeal, but they are High Court judges.



GRTS HAS FAILED ITS CONSTITUTIONAL MANDATE -  KEMESENG JAMMEH



By Abdoulie Dibba

In his reaction to the President’s Address, the National Assembly member for Jarra West, Hon. Kemeseng Jammeh indicated among other things that the method of operation of both GRTS Radio and the Television falls far short of it’s constitutional mandate. According to Hon. Jammeh, section 208 of the constitution requires the state media to present divergent views to its audience and viewers. Hon. Jammeh pointed out that this institution is operated on public funds which makes it a public property; that his colleagues in the National Assembly will agree with him that this institution is not operating according to section 208 of the constitution; that this is why during the signing of the Memorandum of Understanding of the National Alliance for Democracy and Development (NADD), an important event of that nature, where the whole opposition parties in The Gambia decided to come together and address the fundamental problems of this country, GRTS did not even present a word from this
 important occasion. Hon. Jammeh stressed that the operation of GRTS Radio and Television left much to be desired.

For the benefit of the readers, section 208 of the constitution reads: “All state owned newspapers, journals, radio and television shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinions.”



Health Authorities Caution Population

Below is a press release issued by the department of state for health:

The department of state for health is hereby requesting all the people who have come from the ‘magal’ recently to be very vigilant about their health as we previously advised.

The general public at large is hereby advised to ensure the following at all times:

1. Thoroughly wash hands with soap and water before handling or eating food.

2. Thoroughly wash hands with soap and water after using the toilet.

3. Dispose off all stools properly.

4. Thoroughly wash all raw foods before eating.

5. Ensure to drink clean water.

6. Report immediately to the nearest health facility for any condition, especially diarrhoea and vomiting.

7. There is no cause for alarm as the health team is very much alert and in place.

The cooperation of the general public is hereby solicited.



BABA JAGNE ALLEGEDLY COMMITS SUICIDE



By Emil Touray

Residence of Lancaster Street in Banjul were on Sunday evening bewildered by what some observers believed is one of the worst calamities that beleaguered their neighbourhood.

Baba Badjie (alias Baba Jagne) took everybody by surprise by pouring petrol on himself and lighting himself in a gruesome manner.

According to sources, Baba Jagne, who is believed to be in his early twenties, returned home early Sunday evening from the beach side. He was quoted as saying that he wanted to commit suicide at the beach, but he was unable to do so due to people’s presence.

It is purported that Baba who held a container in his hand entered his room. Minutes later, his relatives heard noise in his room. Sources have it that it was later realised that Baba poured petrol on his body and lit himself.

Sources have it that the relatives of the deceased called people in the neighbourhood to come and help them quench the fire. Sources have it that when Baba’s door was opened, he was found lying on the floor. Sources have it that Baba’s relatives arranged for a taxi to take him to the Royal Victoria Teaching Hospital in Banjul; that Baba rose from where he was lying on the ground and walked to the taxi whilst urging relatives and sympathizers not to disturb themselves because he was going to die. Sources have it that the latter was hospitalized at the Royal Victoria Teaching Hospital where he died on Thursday.

Factors provoking his desire to commit suicide remain a myth despite mounting speculations.




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