The following is culled from FRROYAA BURNING NO: 87/2002 26 - 29 December,
2002
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At The National Assembly
Sitting Of 17 December 2002
The Assembly adjourned sitting when Sidia Jatta was deliberating and was
asked to continue the following day 18th December 2002. We shall publishhis
contribution in sunbsequent issues In his reaction Edrissa Samba Sallah
indicated that the revenue measures on page 44 is a cause for concern
because we the people are going to pay by buying the services. On his part,
Omar Baru Camara indicated that the economic crisis should be accepted
because trade barriers for African goods, war in the subregion affected our
macro economic.
On her part, Duta Kamaso indicated that if the farmers are trained and
given all support in Agriculture, we will not be talking of a bag of rice
costing D300.
On his part, Jean Koli Faye indicated that the youth who are skillful are
not be encourage since furniture is being imported for our offices.
On her part, the Deputy Speaker indicated loans that are taken they
should be used for the purpose in that case the people should be involved
in the projects.
On pensioners, she said, their plight should be looked into to give the
hope in life. On his part, Fabakary Tombong Jatta indicated that Gambia has
to take loans to finance important projects because 90% of the budget is
spend on debt service charges, Personal Emoluments and others.
On his part Dawda Bah indicated that if one looks at the estimates on the
development budget, it bis all about investment in the productive sector. He
said the problem is that in terms of road construction the Gambia did not
have the capacity and because of that contracts are given to foreigners
and the short term benefit goes to tforeign nationals.
On his part, Sidia Jatta indicated that the lack of fiscal discipline is
one of the chronic ailment affecting the economy of this country and to
call for fiscal discipline in a situation where we have gone the whole life
of the last assembly, Auditor General Report was submitted only once and it
was inadequate because it was characterized by a back log of audited
account. He said from that report to date, there is no audited account of
this government put before this National Assembly. "How do we make sure
that the finances that we are approving here have being spent according to
the provision of law?" he asked.
NAMs Approve D305 million Loan After The Budget Approval
Sitting Of 18th December 2002
In moving the motion, the SoS for finance and Economic Affairs, Famara
Jatta indicated that the loan is between the Republic of the Gambia and the
African Development Fund for the support of the Third Education Programme.
He indicated that the loan be utilised and incentive is to for teachers,
teachers houses, boreholes and 50 classroom block will also be
rehabilitated in all the regions concern (i.e. Regions 3,4,5, and 6).
According to SoS Jatta, the repayment period for the loan is 40 years
including 10 years grace period and interest rate of 1% from the 11th to
the 20th year and from then on 3%. Government contribution to this project
is about D33 million as counterpart funding. In seconding the motion, Kebba
B. Nget member for Niamina Dankunku indicated that he support the motion
and added that teachers' quarters be built and bicycles be provided for
teachers who are far from the schools. On his part, Halifa Sallah member
for Serrekunda Central indicated that this is another loan and he will
continue to caution them. One thing that frightens me a bit, and why, I
must say something so that we will put that into consideration is the
comments made that our debts are sustainable and the only justification
given is it going to be paid 30 years from now." Halifa further indicated
that we are also told that we are still paying loans issued on 1972 and I
must caution that we must not mortgage the future. He stressed we must
accept what each government us capable of doing at any given timne and then
caution that we tell the people, "this is what we are capable of doing at
this particular time" but not to say that people should not be concerned
about debts that are being taken, which are going to be paid 30 years when
maybe very few of them may be around. Halifa questions the SoS to explain
certain conditionalities. Article 5 asserts that condition precedent to
first disbursement and some of those conditions are as follows:
Provide evidence that a delegated management contract whose terms and
condition acceptable to the funds has been signed with Gamworks for the
consideration or rehabilitation of the following;
110 three-classroom block etc. Rehabilitation of 50 classroom blocks,
supervision of civil work, then it goes to provide evidence to the
satisfaction of the funds of a memorandum of the understanding between the
Department of State for Education and the Gambia College for the
implementation of in-service training programme.
He asked whether the in-service training programme is going to fbe inanced
under the loan itself. And if no, then what sort of funding exist for that
in-service training programme? He asked whether they have done all the
necessary ground work for the implementation of this particular project.
On his part, Kalifa Kambi member for Kiang West, in supporting the motion
said schools' farms and gardens should be part of the project to encourage
our children in farming.
Ndey Njie the member for Lower Saloum indicated that Gambians should be
willing to sacrifice to go to the provinces to teach our children like
others have sacrificed to teach them.
On his part Sidia Jatta member for Wuli West indicated that he is
particularly worried about the non-formal education aspect of the
programme. He suggested to the SoS that this time, before they put money
into it, let the put the structures in place. In winding up the debate, the
SoS indicated that he said our debts are sustainable but he agreed that
they have to be cautioned about our debt. He indicated that like the loan
controlled, 40 years, for every $100, we are going to pay $15 in a period
of 40years. they have to contract loans, how we use it is the answer.
Sitting of Thursday 19th December 2002
The sitting of Thursday 19th December 2002 witnessed the passing of the
Criminal Procedure Code (Amendment Bill) 2002, and the National Training
Authority Bill 2002.
In introducing the Criminal procedure Code Amendment (No.2) Bill the SoS for
Justice Joseph Joof indicated that this Amendment is very important in the
present laws of the Gambia, with the sole purpose of decongesting the
courts for enduring that the delay in the administration of Justice is
minimal. He indicated that section 5 subsection 1,2,3 and 4 be substituted
with the following new subsection (i) That a subordinate court may try any
offend under any law except treason (ii) Subordinate courts of the first
class may pass any sentence authorized by law (iii) The Subordinate courts
of the second class may pass any of the following sentences or both:
(a) Imprisonment for a period not exceeding 10 years
(b) Fine not exceeding D500,000
(iv) A subordinate court of the third class may pass any of the following
sentences or both;
(a) Imprisonment for a period not exceeding 5 years
(b) Fine not exceeding D250,000.
The objective and reason for this SoS Joof said is
(a) To decongest the superior courts as part of capacity building of good
governance and expediting the dispensation of justice
(b) To give the subordinate courts more responsibility with the attendant
safeguardes.
In seconding the bill member for Sandu Abdoulie Kanagi Jawla indicated that
bill is to serve the quick dispensation of justice and also save the
culprits from traveling all the way from Basse to Banjul, the UDP case, for
example.
On his part Halifa Sallah, member for Serrekunda Central indicated that the
objective is to decongest the courts. We know very well that there is a
system of appeal; that cases do not end with magistrates' courts, and
essentially if justice is questioned at that level. Halifa Sallah said the
reason why certain powers is because of the importance of liberty. That
when the liberty of the accused is at stake and the person is presumed
innocent till proven guilty. The court system has established stringent
measures so that the weight of punishment will commensurate with the crime.
Halifa indicated that the level of judging a case will be determined by the
punishment that going to be inflicted. And essentially, if a magistrate
court decide to put someone in prison, it will take that person time to
appeal before ultimately proving innocent or otherwise. In that sense,
Halifa said, it is necessary to indicate that within a criminal
justice system that consideration of the degree of punishment requires
meticulous examination of evident by people who have being trained for a
long period of time to be able to make a decision base on that evidence.
This is why the court structure has been establish in that way with
magistrates 1st class, 2nd class and 3rd class being given different
responsibilities.
To be continued
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Source: FOROYAA (Freedom) NO: 87/2002 26 - 29 December, 2002 ISSN: 0796-
08573
Address: FOROYAA, P.O.Box 2306, Serrekunda, The Gambia, West Africa
Telephone: (220) 393177 Fax: (220) 393177
Email address: [log in to unmask]
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