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Foroyaa Newspaper Burning Issue

Issue No. 76/2005, 29 September - 2 October, 2005

EDITORIAL

THE DEMOCRATIC POWER OF COURTS JUSTICE YAMOA REKINDLES HOPE IN THE JUDICIARY

Democracy has principles, standards and values. It is one thing to advocate for democratic principles but another thing to create a democratic system that will give flesh to the principles. The most final stage of a democratic society is when its principles are integrated by the citizenry and those who administer the affairs of the state.

The Gambia has a constitution which has assimilated fundamental principles of democracy to be part and parcel of its letter and spirit.

However, the evolution of the institution of the state such as the executive, legislature and judiciary as well as oversight institutions like the IEC and the office of Ombudsman to become instruments for the consolidation of a democratic society and culture have been slow. This is precisely the reason why freedom has long been a casualty.

Hope has been rekindled in the judiciary as the protector of the fundamental rights of the citizenry and the democratic system of governance which protect fundamental rights and freedom. The decision of the courts in protecting the victims against the powerful gives it the opportunity to promote peace and progress by preventing bitterness and revenge for injustice. When one feels that justice is done one develops trust in a system. This is how the judiciary can contribute to a stable society.

The decision of Justice Yamoa not to allow people whose names are not found in the register of voters to vote has confirmed to the citizenry that the courts can be independent if they have just judges to preside over their affairs.

The biggest challenge for Africa in the 21st century in order to win the battle for democracy is to have members of the executive, the legislature and judiciary who have a vision and mission to promote freedom, justice and progress. Justice Yamoa has rekindled the hopes of Gambians in the judiciary. Where there is justice aggrieved do not have to suffer without remedy or take the law into their own hands.





TODAY IS D DAY

By Fatou Janneh

The people of Upper Saloum, Jarra West, wuli West and Serekunda Central will today go to the polls to determine whether multi party democracy will continue to thrive, or whether one party dictatorship will occupy space on the country’s political landscape. Presently, there is no dissent voice of the National Assembly. The contestants who are aspiring for the Serrekunda Central seat, highlighted on today’s by-election. The candidate for the Alliance for Patriotic Reorientation and Construction (APRC), Mr Abdoulie Sanyang, pin pointed that by-election is significant to the Gambian populace hence it will determine the popularity of the ruling party. The President is a man of action and there is no doubt that he is very sympathetic. He loves the Gambian people and surely, he will help Gambians by bringing development," he posited. Mr Sanyang stated that he will not be an "Island" when he is elected as he shall work closely with his development committee members. "As an individual, I will
 work closely with various Departments of State so that I can get something for my constituency"

In response to whether he will be elected as a representative of the people, Mr Sanyang indicated that victory is certain for the APRC.

"Off course! Off course, victory is certain. I am confident that I will win because of what I saw ground people are in for me and they are also coming here to tell me that they will vote for me. Besides, the ground work I did well before 1994. So definitely there’s hope," he remarked.

The APRC candidate finally urged every supporter to stay calm and maintain peace.

Halifa Sallah, is the candidate for the National Alliance for Democracy and Development, stressed that the National Assembly is one of the most important institution of government in this country, asserting that without the National Assembly, there can be no accountability or transparency. He said it (National Assembly) is supposed to scrutinize the National budget, and deals on the International

Agreements to ensure that they come up with a general welfare for the people.

"Primarily in our institution, authority to govern must be derived from the concept of the people and that authority must be exercised to promote the general welfare of the people. The National Assembly members should always put national interest before partisan or individual interest. And if they are true to that it means that they must be very independent minded from the executive, and would infact see themselves, as an over sight institution over the Executive," Mr Sallah highlighted.

He went on to say that the National Assembly members (NAMs) should engage the president, the vice President and members of cabinet on a continuous basis, through raising relevant questions as to how they are administering their different departments. He posited that the constitution gives NAMs the powers to even remove Secretaries of state from office for violation of the constitution or misconduct.

Dilating on the roles and powers of the National Assembly, Mr Sallah pointed out that NAMs have the power to call anyone within the public service including the SOS, to the National Assembly to answer to any issue.

"Essentially, all the powers are there. The powers are not exercised because of the nature of the APRC. Its members of the National Assembly are not independent. They are controlled by the Executive." Mr Sallah concluded that he expects a political maturity from stalwarts of both parties.

The Voice Of The IEC Chairman

The Chairman of the Independent Electoral Commission (IEC), Mr. Ndondi Njie, has vowed that his office will conduct free and fair elections based on the rule of law without fear or favour.

"This is my objective, to conduct free and fair elections. And the choice of the people which is reflected in the result, should be accepted," he remarked. He made these remarks in a telephone interview with this reporter on Tuesday 27th September 2005.

Mr. Njie stressed that the electorate should calmly go to their respective polling stations and vote for the candidate of their choice, go home and wait or the results.

Mr. Ndondi Njie however emphasized that the way forward for the Gambian people is to strengthen dialogue between the IEC and the political parties with a common purpose.

"That is the purpose of allowing Gambians to exercise their constitutional rights to choose a person who should / can represent them," he stressed.

The NADD candidate for the Jarra West seat, Kemeseng Jammeh, has urged the electorate to vote massively for NADD in the by-election. Mr. Jammeh expressed his fervent hope that people will vote in an atmosphere of peace and tranquility. "Everything is set and looking good for the opposition in the by-election," he said.

The APRC candidate, Musa Saidykhan, declined to talk to FOROYAA.





THE IRONY OF THE BAKOTEH DUMPSITE

By Bubacarr K. Sowe

An official of the Kanifing Municipality’s Cleansing Service has informed Foroyaa Newspaper that his institution’s Municipal Police and Cleansing Service officials are making efforts to curtail the quantity of garbage being dumped at the site.

Speaking to Foroyaa Newspaper recently, Mr. Babucarr Gibba who heads the Cleansing Service team at the site, said with the help of the KMC authorities, they are able to control the quantity of rubbish dumped in the area. "They are making efforts, because with their help, we are able to control the rate of dumping at the right moment, if not the rubbish will be dumped on the tar road," Gibba expressed.

When questioned about the people who are scavenging at the site, he indicated that they have been trying to bar scavengers from scavenging, but their efforts are fruitless.

However, Gibba also pointed out that there is no alternative for the site, which is apparently worsening in condition. He added that their main constrain is with divers of private vehicles who often refuse to go into the middle of the site to dump garbage.

Meanwhile, the Project Director of the SoS Mother and Child Clinic, Dr. Debebe Biratu expressed concern that the site poses a catastrophic effect on patients and pupils attending nearby schools.

"The former Secretary of State for Education (Ann Therese Ndong-Jatta) once came here and wrote in the papers about this. People need to come together, we are concerned but we don’t have funds to finance this work. This place can be rehabilitated and turned into a park and sporting ground. "Dr. Biratu said.

He however decried the situation of the site which he said is a nightmare.





EXPENDITURE ON FANS TO PERU

D3 MILLION OR D26 MILLION AND MORE?

By Surakata Danso

The Public Relations Officer (PRO) of Gamtel, Mr. Touray, has informed FOROYAA Newspaper that the total expenditure that Gamtel and her subsidiary body (Gamcel) have spent on the trip of the 276 football fans’ trip to Peru amounted to only D3 million. Mr. Touray made this remark on the 26th September 2005 at the Gamtel headquarters in Banjul following receipt of information that the two public institutions spent a total of D22, 218, 000 (twenty two million, two hundred and eighteen thousand dalasis) to purchase the tickets of the fans who were airlifted to Peru.

FOROYAA’s source further added that Gamtel had paid D8, 218, 000 (eight million, two hundred and eighteen thousand dalasis) and Gamcel D14 million; that there was a total of D6 million also paid by Gamtel towards their feeding and lodging bringing the total to D28, 218, 000 (twenty eight million, two hundred and eighteen thousand dalasis), a claim which Mr. Touray denied.





UNREGISTERED VOTERS CANNOT VOTE

The High Court in Banjul yesterday ruled that persons whose names do not appear in the register of voters will not be allowed to vote in today’s by-elections in the constituencies of Serrekunda Central, Upper Saloum, Jarra West and Wuli West. This ruling is the outcome of an application by the National Alliance for Democracy and Development (NADD) and its four sponsored candidates in today’s by-elections. The applicants sought a declaration from the court that persons whose names do not appear in the register of voters should not be allowed to vote. They also sought an order of enforcement by the IEC. In short, the Independent Electoral Commission should ensure that only those whose names appear in the register of voters are allowed to vote.

In her landmark ruling, the presiding judge, Justice Yamoa, noted that allowing unregistered voters to vote would be in violation of section 26 of the constitution and contravenes section 66 of the Elections Decree which is mandatory. She indicated that by creating room to allow unregistered voters to vote because of errors that may be committed the IEC is putting its competence into question.

For further details of the ruling see the next issue of FOROYAA.







BUNDUNG BOREHOLE RALLY

HALIFA’S SPEECH

PART 3

By Fatou Janneh

The same so-called president of youth said that it is youth who are responsible for the setback of this country because they (the youth) are lazy and are not ready to work. This kind of stereotyping of the youth led many to try by all means to prove that they are industrious, despite the lack of jobs. Some young people will struggle to have a passport and get D3000, for a non-refundable American visa fee but end up being rejected. After six months, they try again but all efforts will prove futile. Such youths become frustrated and get into drug abuse, alcoholism and so on.

Imagine, after carrying a child in your womb as a mother for nine months you deliver and rear that child only for he/she to become a person who is seen as an inimical member of society or one who has gone astray. He / she would become frustrated because of conditions of the society and would become an agent of destruction, and that mother would prefer him to die rather than survive.

However, it is the system of governance which led to this situation.

Women selling in the market pay D3.00 for duty every day. If one calculates this amount, one would realise that each person is paying D90.00 per month, D1, 080.00 for a year and D5, 400 for five years each.

And these duties collected should provide social services for the people, such as water, electricity, hospitals, markets, roads, etc. But that is far from what is happening and usually what do we hear? "Because certain areas have elected opposition representatives that is why amenities such as roads are not provided.

In addition, the simple example for this is that, you own a shop and hire a shopkeeper who takes care of your business and you also provide him / her a watchperson to secure the shop. When it is time to audit him, the shopkeeper says that if you do not sack the watchman, he will not be accountable. If you in turn sack the watchman, what do you think people should say? They will say that you should be taken to ‘Campama’ (a psychiatric clinic) for not knowing what you own? It is the same message that we are putting across. The monies collected from the markets in the form of duties, compound rates, duties from car parks / garages are all meant to provide us with good markets, garages, electricity, roads, hospitals, schools and so on and so forth. Look at the car park. How much money do drivers pay daily on the roads and what benefits have they derived from these monies paid?

However, drivers are paying tax every day and they (the government) are telling people that if they elect opposition representatives, their roads will not be constructed; which means that if the constituents do not vote for the APRC candidate, the roads will not be constructed. That is farce since people are toiling every day and still suffer. They have problems of access to pipe borne water, which should have made it easy for them by bringing more taps to the disposal of the people.

The remark that some areas are not provided roads because of an opposition National Assembly member is without basis because Serrekunda East has an APRC National Assembly member and what has been done there in terms of development?

In the National Assembly, I raised the issue of the Sandika road and even proposed a personal donation of D60, 000 and the press made this known to the public. Later I went to the SoS for Works, Construction and Infrastructure, Mr. Bala Garba Jahumpa and told him that I want to contribute D60, 000 towards the Sandika road project but he declined by saying that his department has some money set aside for such developments. He told me that he will look into the matter. I invited him to walk along the Sandika market. He later promised that he will send some technician to see how the job can be carried out…..

The ‘set setal’ (cleansing exercise), which has been advocated for by the president to clean the environment cannot be meaningful if you have garbage scattered everywhere without being collected by the cleansing exercise. When I raised this issue at the National Assembly, I was told that the Area Council does not have funds to buy vehicles to collect all the refuse. I further emphasized that vehicles are provided to be able to transport garbage scattered and thrown in secure places because the Kotu Quarry is polluting the environment, "killing" the children of SOS Children’s Village in Bakoteh.

In the National Assembly, I once asked the SoS for Finance how much was budgeted for the 22nd July celebration. He said D10, 000, 000 (10 million dalasi) so far. This indicates that they (APRC) are misusing or mismanaging the money of the people. The mismanagement of money in this country is outrageous.

The government should be accountable to the people but since 1999 there has not been any Auditor General’s Report. How can they be accountable? Where is the accountability? In the year 2003, the IMF decided to send external auditors to the Central Bank to look into the financial activities of the bank. When the president knew that external auditing will expose their financial indiscipline, he quickly embarked on "Operation No Compromise" meaning to sacrifice his people. Many people are brought before a commission of enquiry, others sacked and their images tarnished.

The Central Bank report should be available on an annual basis for scrutiny by the National Assembly. The minister (SoS) was asked when the Auditor General’s Report would be submitted to the National Assembly but he did not respond to this. D400, 000, 000 (four hundred million dalasis) has been missing from the Central Bank. With all these it is only the opposition National Assembly members who speak out. We (the opposition) have the mind to ask any question in the National Assembly. I asked the SoS for Finance how much was spent on the purchase of Mariatou’s Beach Hotel and its refurbishment. The SoS responded that D45 million was spent to buy Mariatou’s Beach Hotel and the refurbishment costs D345 million. The materials from the hotel after refurbishment were not found and nobody knows where they are taken to. This is the type of corrupt practice happening in The Gambia. Just imagine an institution like Social Security responsible for paying the benefits of workers who served for
 many years in their workplaces, yet still it is difficult for them to get these benefits.

To be continued





TAX PAYERS FALL VICTIM AS CLEANSING SERVICES RENDERED UNOPERATIONAL

By Sekou B. Nyassi

The Kanifing Municipality is the most densely populated in the country. It is assumed that the tax collected by KMC is the highest amount collected by a council. Yet when it comes to the collection of dumped rubbish, one hardly sees the people concerned (the cleaning service).

Some years ago, the Cleansing Service team were often seen going round collecting rubbish in streets and at compound gates. Since the start of the operation, the KMC Cleansing Service officials complained of lack of vehicles for rubbish collection. On the days of "operation clean the nation" rubbish is gathered and remains uncollected for weeks and months. Many people have complained of being victims because the refuse that they generate and heap are not collected by the KMC.

Looking at the amount of tax collected by KMC, one wonders why the council claims that they cannot hire transports to collect the refuse. Operations clean the nation takes place once every month. The KMC can hire vehicles and collect the refuse.

The purpose of collecting tax is to render people services they cannot do for themselves individually. This situation needs to be look into properly by the KMC and to address it in it’s proper perspective for the welfare of the people.

KMC is taking advantage of Operation Clean the nation by becoming relax on its responsibility of collecting people’s refuse.

Secondly the people or the communities should be informed of the role of the KMC after collecting the tax money. Young people in some communities, who have seen the problem of cleaning their environment, have formed voluntary organisations to address the deplorable conditions in their areas.

One of these voluntary organisation newly formed in Tallinding Kunjang, is called care for life. They are rendering a great service to the community by collecting rubbish which the KMC Cleansing Service is not taking care of.

On Sunday 18th September 2005 "Care for Life" went to the KMC and were provided with a tractor to go round to collect the unremoved rubbish lying at people’s gates.

These young people are doing this work voluntarily without pay to rescue their environment form being contaminated with all kinds of diseases.





AFRIKANS AND THEIR HISTORY



We colonized Afrikans, whose roots in his own society are systematically starved of sustenance, is introduced to Greek and Roman history, the cradled history of Europe, and we are encouraged to treat this portion of the story of man, together with the subsequent history of Europe, as the only worth while portion. This history is anointed with a universal flavouring, which titillates the palate of certain Afrikan intellectuals so agreeably, that they became alienated from their own immediate society.

The history of Afrika, as presented by the European scholars, has been encumbered with malicious myths. It was even denied that we were a historical people. It was sad that were other continents have shaped history and determined its course, Afrika had stood still, held down by inertia; that Afrika was propelled into history by the European contact. Afrikan history was therefore presented as an extension of European history. The history of a nation is unfortunately too easily written as the history of its dominant class. But if the history of a nation or a people cannot be found in the history of a class, how much less can the history of a continent be found in what is not even part of it. Afrikan history was therefore interpreted in terms of the interest of European merchandise and capital, missionaries and administrators. In this new Afrikan renaissance, we must place great emphasis on the presentation of our history. Our history needs to be rewritten as the history of our society,
 not as the history of European adventures. Afrikan history must be treated as enjoying its own integrity, our history must be a mirror in our society and the European contact must find its place in this history only as an Afrikan experience even if it’s a crucial one. That is to say, the European contact needs to be assessed and judge from the point of view of the principle animating Afrikan history. When our history is presented in this way, it can be able to guide and direct Afrikan action, and can become a pointer at the ideology which should guide and direct Afrikan reconstruction. We Afrikans have to be careful with the Caucasian version of our history. First of all they are not ignorant of the true history of Afrikans, including our achievement, as builders of one of the first great civilization on this earth. But they simply ignore and refuse to write any facts of Afrikan history that tend to upset their racial philosophy that they are the beginners of world civilization.
 Afrikans have been blotted out of history including changing Afrikan names of persons, places and things with Arabic and European names. Our history was carefully arranged in such a way that it becomes the history of Arabs and Europeans in Afrikan, but not the history of Afrikans. But when dealing with Afrikan history, we may find ourselves constantly misled or puzzled if we forget that practically all the terms used are not Afrikan terms, but Greek, Roman, Arab and Anglo-Saxon etc. Much of Afrika’s past was effectively blotted out along with other indexes to Afrikan achievements. Racism and bias is so obvious in the writing of western scholars that it has never gone unnoticed, that anything they wrote about Afrikan’s achievements is associated to Caucasian identity. They wrote the Afrikan history and gave the Afrikans not just a subordinate role but no significant role at all in that history. For example in Zimbabwe, when Cecil Rhodes and his army went there to loot and rape, they
 marvelled at the ancient tombs built by the Afrikans and automatically clamed that it was built by some sort of white people. As Patrice Lumumba said our history needs to be rewritten as Afrikan but not as the history that was written in London, Paris, Brussels or Lisbon.

IN THE SERVICE OF AFRIKA, I REMAIN:



By Fabakary B. Ceesay

PAN-AFRIKAN CONGRESS

Tel: 4394882 – 9945258



INTIMIDATION AND ARREST OF VOTERS IN UPPER SALOUM



The campaign in the Upper Saloum is marked by the seizure of voting cards, and the arrest and detention of people by the police. In Kaur Police Station 10 people who were arrested and bailed, were detained on Tuesday 27th September 2005 only to be informed that their bail bonds were revoked.

Talking to this reporter, Ebou Jobe, the former APRC Chairman who was accused of collecting people’s voter’s cards, indicated that the voting cards he collected belong to the supporters of the APRC and not NADD supporters as alleged. Mr. Jobe pointed out that he will return the voting cards when the time comes. Asked when he will return the voting cards, Mr. Jobe said that is left to him and the owners of the cards.

Talking to this candidate, the NADD candidate, Hamat N.K. Bah said with regards to the voter’s cards, a delegation led by Mr. Shyngle Nyassi went to Janjangbureh to report the matter. He said according to the IEC, they are supposed to come today (Tuesday) with the Officer Commanding the Police Station to return the voter’s cards to their rightful owners because the IEC said people should not be defranchised. Hamat said they are expecting them (IEC).

Omar Touray, the former APRC candidate in Upper Saloum when approached by this reporter for comment, he told this reporter to go to his party (NADD) because all the management of FOROYAA are members of the NADD Executive.

On his part, Mr. Shyngle Nyassi, a member of the NADD Campaign Committee, said they will win because the APRC has failed the Gambian people and that the people of Upper Saloum are determined to remove the APRC presidential candidate in 2006 not to talk of voting for the APRC National Assembly candidates. He accused Aziz Tamba, Amulai Janneh, the Chief and Commissioner of the area of inciting violence. He called on the security forces to be faithful to the nation and accord each party security.

In Upper Saloum, some youths who are said to guard the borders to prevent non-Gambians from voting attacked Taiba, a village said to be Hamat N.K. Bah’s stronghold on Monday night. The matter is now before Njau Police Station.



NADD ASSURED OF JARRA WEST SEAT

By Sana Saidykhan & Lamin Fatty

The electorate of Jarra West have assured the NADD Executive of re-electing Kemeseng Jammeh in the 29th September by-election. In a mass political rally attended by the NADD Executive members in Pakalinding they spoke of their resolve to reinstate Kemeseng Jammeh in the National Assembly.

Alhagie Momodou Sanneh said the APRC overthrew a democratically elected government and promised to fight corruption but to no avail. He said everyone in Jarra is aware of the hardship imposed by the APRC on Gambians. He promised a landslide victory for the NADD candidate.

Yassin Dibba, who recently led a defecting group of women in a meeting in Sankuya, said they were with the APRC because of Baba Jobe, but after they realized that their mission is different from the APRC political ideology which is to look for ways and means of enriching themselves.

Keluntang Manjang, Nyaranding Sisseh, Seedy Barry Saidykhan all urged the NADD Executive to relax and wait for the 29th September celebration. They denounced the APRC and described it as a party that ignores and neglects the current electricity and water problems in the area.

Momodou Sarr said people are aware of Kemeseng’s immense contribution in the National Assembly. He said this is evident in his questions on the amount of money the Mansakonko Area Council gains from tax and the amount they spend on social services. He said this would not have been known if he did not ask. He said this and many other questions on the LRD were raised by Kemeseng Jammeh.

The NADD candidate for Jarra West in his turn said he is sure of victory. Kemeseng said he knows his opponent is fighting on lost ground.

He said NADD came into being as a result of the APRC’s disregard for the rule of law and democracy. Mr. Jammeh said President Jammeh’s frequent tampering of the Gambian constitution made the opposition leaders to come together in order to end the self-imposed leadership of Yahya Jammeh.

Kemeseng urged SoS Yankuba Touray to avoid the politics of deception. Mr. Jammeh revealed that Yankuba told electorate that if they vote for APRC in Jarra they will release Baba Jobe. He said that shows that Baba Jobe was not lawfully imprisoned. He advised his constituents to abandon APRC as it is abandoned by every level-headed Gambian. He said APRC’s hope in Jarra is Momodou Soma Jobe whom everyone is aware of what has befallen him.

Lawyer Ousainou Darboe, a NADD Executive member in his turn, told the electorate not to change their mind as Kemeseng has the potential to serve his people in the National Assembly. He said the one year Kemeseng served in the National Assembly shows he is fit and was not serving Jarra alone but The Gambia.

He told the electorate that the suffering Gambians are going through would be history if they vote in a NADD candidate in 2006 presidential election. Darboe said The Gambia is ruined by bad governance. He explained that powerful countries in Africa benefited from debt relief, but poor Gambia cannot because of the maladministration of APRC.

Darboe called on the electorate to end the hardship by voting out Yahya Jammeh. He said if NADD Executive members were opportunists they could all get appointment which will earn them good living, but to salvage Gambia is of greater importance to them.

He advised civil servants to desist from politics as governments come but civil servants stay. He called on Commissioners to stop campaigning as they are dealing with people of different political affiliation.

He therefore called on all to be loyal and law abiding.

Landing Jallow Sonko, also a NADD Executive member explained why people should not vote for the APRC. He said that the APRC government levy high taxes on businessman who in turn reap their profit out of the people.

He called on the people of Jarra West to rally behind NADD to end the self-imposed leadership of Yahya Jammeh.



NATIONAL ID CARD UNAFFORDABLE BY POOR MASSES

By Abdoulie G. Dibba

FOROYAA received complaints that the cost of the national ID card is unaffordable by the vast majority of people who are living below the poverty line. According to them, the government announced that the cost of the national ID card is D100, but in actual fact the cost if more than that. They asked FOROYAA to investigate the issue. This reporter visited police stations in the Kanifing Municipal Council and Western Division where the national ID cards are issued and discovered the following charges:

1. ID card forms D10

2. JP’s signature 10

3. Passport photo size 40

4. The ID card 100

D160



For replacement of a lost card, the following charges are made:

1. Police report D50

2. Affidavit 50

3. ID card form 10

4. JP signature 10

5. Passport photo size 40

6. The ID card itself 100

D260



When the Immigration were contacted for comment, Commissioner Jarjue indicated that the Immigration is charging D100 for the ID cards andD10 for the form. He pointed out that the passport photo size and the JP signature are not responsibility but an arrangement between the claimant, JP and the photographer. Regarding those without ID cards, Commissioner Jarjue asserted that according to the Immigration Act, those people should be taken to court and prosecuted for failing to possess and ID card if they are Gambians.








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