Foroyaa Newspaper Burning Issues
Issue No. 131/2007, 7 – 8 November 2007
Editorial
The politics of Appointments
Time For The Courts To Rescue Constitutionality
Elected Councillors Should File Cases
During the coup period, the Armed Forces Provisional Ruling Council (AFPRC)
had absolute power to make laws and appoint anyone to any post. This enabled
it to hire and fire at will. They therefore constituted the councils as they
wished. The return to constitutional rule is proving to be a challenge to
the APRC government which appears to have grown accustomed to the absolute
powers of the coup period. What is surprising to many is the speed with which the
executive has moved to dissolve councils and appoint management teams.
First and foremost, Section 100 subsection 7 of the Constitution states that
“no act of the National Assembly shall come into operation until it has been
published in the Gazette…”
According to the section, when a bill is passed, it has to be assented to by
the president and published in the Gazette within 30 days of assent.
The secretary of State for Local Government has recently taken a bill to the
national assembly which called for the dissolution of councils three months
before an election and the appointment of a management team by the President
to run them prior to elections. The dissolution has already been effected
and the appointments of the Management teams have also taken place .Foroyaa
will monitor the Gazettes to see whether the provisions of the constitution have
been complied with.
What is of greater concern is the constitutionality of the Management teams.
Section 193 of the Constitution makes it Mandatory for local Government
Administration to be based on a system of democratically elected councils. We
repeat - Section 193 reads : “Local Government Administration in the
Gambia shall be based on a system of democratically elected councils with a high
degree of local autonomy.” There is no room for management teams The
provision which creates this management team to replace elected councillors is
unconstitutional. Elected councillors should go to court to challenge this under
section 5 of the Constitution.
PS For Higher Education Issues Warning
By Amie Sanneh
The Permanent Secretary at the Department of State for Higher Education,
Research, Science and Technology, Dr. Saidou Jallow, has said that they would
not hesitate to close down any institution that is not meeting the standard
required by students.
The National Training Authority (NTA) he said has been empowered by the
necessary legal provisions to close down any non-compliant training institution
under its purview.
Mr Jallow said that what they need is quality and standard education; that
this is what should prevail in our institutions.
Mr. Jallow made this statement while opening a five-day workshop for
managers and assistants of training institutions at the Seaview Garden Hotel
organised by the National Training Authority (NTA).
Dr. Jallow added that candidates sometimes graduate from skills training
institutions without the minimum set of skills. “Such graduates find it
difficult to operate in which ever industry they find themselves.”, he said.
He remarked that in such situations, it might be due to poor trained staff,
lack of equipment for practical lessons and hostile teaching or learning
environment.
He noted that all these factors impact negatively on the quality of training
provided and on the capacity of the graduate to perform the service which he
or she was trained. “This outcome is unacceptable as it is a waste of
resources and time” he said. Dr. Jallow expressed hope that participants will go
back at the end of the workshop and implement or rectify deficiencies in their
establishments.
Speaking earlier, the Director General of NTA, Mr. Ousman Gawlo Nyang, said
the workshop is meant to strengthen all sections of their training centre
operations with the aim of delivering quality.
Mr. Nyang also said that they would not hesitate to close down any falling
institution. “But in recognizing your willingness to progress and our desire
to help you grow, should we discover that standards are falling and continue
to fall with no remedial solution in sight, it will be our duty to take the
unpleasant decision of closing you down,” the NTA Director General remarked.
Porter Drowns At Barra Ferry Terminal
By Fabakary B. Ceesay
One Alpha Bah, a porter at Barra Ferry terminal, on Saturday 3rd November,
met his untimely death after he failed in his attempt to jump on board the
ferry, which had already left the Wharf almost about a metre.
This reporter was among the commuters on board the ferry. The incident
happened between the hours of 12:00pm to 13:00pm as the ferry left the Wharf for
Banjul. Mr. Bah run to join the ferry as he was said to have his client’s
luggage on board the ferry, which he should disembark on arrival at Banjul
Terminal. Mr. Bah sped and jumped when he arrived at the foot of the Wharf. The
ferry was already in motion. Instead of landing on the ferry, he fell in the
river. There was shock and chaos in the ferry as many people struggled to look
at whether Alpha could be spotted. But he was not spotted. He submerged when
he plunged into the water. As the ferry was leaving, a fire service rescue
team rushed to the scene, but the fire brigades were unable to rescue him
because Alpha was not spotted.
ALLEGED INSURGENTS TO APPEAR IN COURT TODAY
By Bubacarr K. Sowe & Abdou Jeli Keita
The ongoing trail of the eight Senegalese alleged separatists is expected to
resume today at the Banjul Magistrate’s Court before Magistrate B.Y Camara.
The eight accused men, Sidat Jarju - alias Abelemben, Ebrima Vieux Colley -
alias Abuja, Nuha Jammeh - alias Assambane, Lamin Teww Sambou, Ansumana
Jarju, Tamsir Badjie, Joseph Jatta and Abdou Salam Jammeh are charged with four
different criminal counts.
These charges are conspiracy to commit felony, spying and receiving stolen
properties contrary to section 368, 37 (1) (b) and 297 (1) of the criminal
code, respectively, and unlawful possession of The Gambia national identity card
contrary to paragraph 6 of the first schedule of Gambian Nationality and
Citizenship act.
DOSH Senior Staff Clarifies
By Yaya Bajo
Mr. Amadou Sowe, the Programme Manager at the Health Education Unit at the
Department of State for Health and Social Welfare, has said in an interview
with Foroyaa on Monday 5 November, 2007 that meat sold in The Gambia are free
from Salmonella. Sowe corroborated his argument by pointing out that most live
animals in The Gambia are inspected before they are slaughtered; that the
meat is also thoroughly inspected before it is exposed for sale in the market.
The Health Education Unit Programme Manager assured that Salmonella is not a
major problem in the food industry in The Gambia .He said food vendors are
regularly screened before they start selling food to the public. Mr. Sowe
revealed that Salmonella is a bacteria that is usually found in poultry, eggs,
unprocessed milk and in meat and water. “It may also be carried by pest like
turtles and birds,” he stated.
When he was asked to explain the kind of infection Salmonella cause, Sowe
replied that Salmonella attacks the stomach and intestines. “In more serious
cases, the bacteria may enter the lymph tracts, which carry water and protein
to the blood, and the blood it-self. The bacteria attack all age groups and
both sexes, children and the elderly. People who are already ill are more
likely to get a serious infection,” he explained.
Mr. Sowe finally summed up the symptoms of Salmonella poisoning as diarrhea
or constipation, headaches stomach cramps, nausea and vomiting, fever, and
possibly, blood in the faeces.
MARRIAGE AND FAMILY
THE WIFE BATTERER
Complaints
Dawda complaint about his wife denying him sex. He confronted her as usual. “
You denied me sex at my time of need. You think I would die? I have survived
it. I’ll get at you at your time of need. You are sadistic and a witch. You
are the devil incarnate”. Rama protested. “What have I done to you? You have
humiliated and tortured me enough. You cannot batter me during the day and
have me at night. My soul and body is bruised. My heart is bleeding Dave. Stop
torturing me!” “Next time you deny me, I’ll go out and get it”. Dave
threatened. “Suit yourself. Isn’t it your money that you’ll spend? But be sure I’
ll protect myself not to be infected with HIV/AIDS”. Rama posited. “I’ll
not wear a condom to have a good time with my wife. Don’t you want an issue
with me? We shall see who the man of the house is”. “I want an issue with you
but not at my own risk. You are threatening to go outside to have fun. How
sure am I that you’ll be adequately protected?” Rama defended her position. “
Rama! Don’t mind. I’ll cross the bridge when I get there,” Dave bluffed.
She Wipes Her Tears
The door bell rang. Rama wiped her tears and went to answer it. Gibril,
their driver, was at the door. He is a graduate yet to be employed. His parents
are poor peasants from the village. He is concerned, respectful and polite. He
sympathises with Ramatoulie. He shared her secret pains. Gibril looked
straight into Rama’s eyes. She avoided his glaring gaze. “Madam! Are you okay?”
Gibril enquired. Rama gave a plastic giggle. “Yes! I am fine. You need the car
keys?” Rama asked. “Yes mam!” “Okay! Let me go for them”. “Thank you!” he
said. Rama went inside to get the car keys. Gibril shook his head. “She is
drifting away! She has to do something before she loses her life. My boss is
mean and wicked”. Gibril soliloqued. Rama came with the keys and gave them to
Gibril. “Thank you Mam!” he said. Rama smiled. She is meek, pleasant and
kind. Dave does not deserve her”. Gibril soliloqued.
She Comes Into Dave’s Room
They shared a master bedroom for the night but each of them has a room of
his/she own. Dave was in his own room doing some computer work. Rama came into
the room and sat on the bed. She opened up to Dave. “Dawda! I have been
married to you for three years now. Since then I know no peace. You said you love
me but you act the opposite. I am now a nervous wreck”. Rama showed her
wedding picture and her recent picture. “Look at these two individuals! Before and
when I married you. I look like a ghost of my former self. You are doing
everything to wreck my life. How can I have a child in this disabling
environment? Nature is very considerate. I cannot conceive in a hate environment. This
is God’s intervention. I’ll leave you if you do not change. I’ll leave
before I am maimed. I am not the only woman in the world; you are not the only man
in the world. Let me leave in time before it is too late. I can be murdered
if I do not leave you in time. Then she rose up to leave. In a calm voice
Dave appealed to Rama. “Don’t leave me! I need your help. I am a victim of a
broken household. My father was a wife batterer. He bullied his wives and
fifteen children into submission. Throughout my childhood, I experienced hatred
and battering. He knelt down before Rama. Help me change my ways. Don’t reject
me! Don’t desert me! Don’t threaten me, this can turn for the worst. I can
turn very violent”. Dave begged.
Calls Her By A Strange Name
When Dave is in a happy mood, he calls his wife ‘Old boy’. Rama protested. “
You are very strange Dawda. Why do you call me ‘Old boy’ instead of
romantic names like ‘darling’, ‘sweetie’, ‘sunshine’, etc.” Dave was defensive. “
I want to be different from everyone else. You are my ‘old boy’ you are
very special to me. You are strong and resilient”. He argued. Rama still got
irritated when he calls her ‘old boy’. “ I love you in my heart. I am just
trying to correct your clumsy ways,” he argued.
She Meets A Stranger
Rama and Kate went shopping. As they came out of the supermarket, a guy
stopped them. He greeted Rama. “My name is Alfred. You are like ‘mamy water’.
You have ebony African beauty.” Rama was nervous. “Thanks! But I’m married.”
He showed him a wedding ring. “All the same. I’ll not chase you. It is a
compliment. I appreciate beauty when I see it. That’s is my style.” Kate
watched amusingly. She introduced herself. “I am Catherine Johnson of ‘Kate’s
Chambers’. I am a solicitor. Can I have your card?” I am Alfred Davies, ‘Frank’
, my friends call me. I am the CEO of Frank’s Soft Touch Computing Company.”
He took out two cards and gave one to each damsel. Kate also gave him her
card. He thanked them and left.
Rama was scared. “What will happen if Dave sees it?” “If he sees it, so
what? Let him go to hell! You have a life of your own. Dave has kept you for so
long. You are a journalist for God’s sake. He need not see it. Keep it well.”
Kate advised.
The Devil Advocate
Kate became the devil advocate. Rama went to visit Kate at home. “To think
about it. Fred is a beautiful guy. He loves you. Develop a friendship with
him. If you do, Dave will feel jealous and appreciate you.” Kate ill advised.
Rama sprang up.” What? Over my dead body! I’ll not flirt. My mum did not train
me in that tradition. She was faithful to my dad up to death. Dave found me
a virgin. Since then I know no other man. I’ll keep it like that until I
divorce him and remarry. Until then, I’ll be faithful and loyal to my husband.”
She got up. “Where are you going?” Kate asked. “Home! I am going home.” “
That is not a home but a funeral pyre. It is a dead house for you. You better
wake up!” Kate advised. Rama left in a rage.
Interview with Halifa Sallah
Part 8
Foroyaa: Do you have anything to say to people who claim that the people
should have rejected the 1997 constitution?
Halifa: They are entitled to their opinion. I simply want to reiterate that
the 1997 Constitution did not keep Jammeh and his Armed Forces Provisional
Ruling Council in Office. On the contrary, it did put an end to the existence
of the Armed Forces Ruling Council. If we have a government today which shows
little regard for Constitutional rule, it is not the Constitution which is
responsible, but the Gambian people who have not shown much initiative in
putting in office a government which would have respected and improved on the
constitution. Furthermore, I would like the readers to note that we were not
given any privileges to conduct Civic Education. After our arrest and detention
for defying decree number four, which banned all dissemination of political
ideas, we were tried and ordered not to interfere with the process. Despite
this order I wrote a declaration on the Sovereignty of the people and
circulated a petition for people to sign which called for a National Conference.
All political leaders in the country were given copies. They ignored me. I
held a press conference to launch the declaration which was put on a video
cassette for circulation. The AFPRC labeled me a saboteur. Infact, one of the
volunteers called Musa Manneh was arrested and detained. When I went to the
Late Sadibou Hydara to facilitate his release I could recall passing many
prominent persons in the queue like the former Chairman of the Kanifing Municipal
Council. Mustapha Ceesay was either Permanent Secretary or Deputy Permanent
Secretary. They should be able to confirm seeing me in Hydara’s office, even
though they may not have known the purpose of my presence. I must admit that
he took the things I said regarding the detention of Musa and people like the
late Alkalo of Brufut, Pa Khalifa Sano, seriously. They eventually released
Musa but dismissed him from the public service. One can imagine how tormented
my conscience was to have the future of a person blocked because of carrying
out tasks to defend the sovereignty of the people.
Foroyaa: Why were you not arrested?
Halifa: That’s what I asked police Commissioner Williams. I told him that I
was responsible for the publication and that my press conference was
reported. I argued that if there should be any arrest I should be the one to be
arrested. He simply told me that they were under instruction. This is In fact
what motivated me to go to Sadibou. Apparently, Sana was in charge of the Public
Service and Sadibou promised to see him. Nothing materialised. Many letters
were addressed to the Council before and after the demise of Sadibou Hydara
but to no avail. If we had any influence over the Council would such a thing
occur? The case of Amie Sillah’s brother, Ousman Sillah is another example.
Lamin Waa Juwara found Ousman at Janjanbureh Prison. Ousman was detained for
no cause. Someone distributed a leaflet condemning the AFPRC and used the name
Ousman Sillah at the time of our trial. He was arrested and detained for a
long period of time despite many petitions from us to the council. The
attitude of the council was to make things difficult for us since we had rejected to
collaborate with them and were even making preparations to oppose them. Many
people did not know why we remained independent. We have a vision of another
Africa in view; an Africa where an empowered and sovereign people will have
the authority to carve a destiny of liberty, dignity and prosperity for
themselves and for generations yet unborn. Since it was not fashionable for those
who are revolutionaries to enlighten the people on democracy, human rights
and the rule of law, it was not difficult for the activists of the council to
claim that we had abandoned revolution and were obsessed with constitutional
niceties instead of accepting the ministerial posts offered by the regime. As
some members of the overthrown regime accepted offices, our whole resistance
started to be trivialized while those interested in emerging as opponents of
the regime also tried to convince those in their camp that we made the coup
possible and had made secret agreements with the regime so that we could take
over power at a later date.
Only one veteran politician approached me at my office in Kololi after our
trial in 1994 to acknowledge that they made a mistake in not giving us
solidarity when it was due and that they were paying for it and that is Assan Musa.
The rest were trying to consign us into the dust bin before history has made
its verdict. We could not be our own defenders at the time because of our
desire not to appear to be power hungry. Now that the time is ripe, no stone
will be left unturned in clarifying the issues so that the people will
increasingly come to the understanding that a genuine revolution is one which puts an
end to autocracy and oligarchy and consolidates the Sovereignty of the
people. Democracy means in one phrase the power of the people, full stop. We rose
to link words and practice and shall never tarry until we link words to
practice on our soil.
Foroyaa: What is your final word on this subject so that we can move to your
relation with Sidia on the issue of the presidency?
Halifa: I want to remind people that Decree number one imposed a monarchy on
the Gambia. It abolished constitutional rule. All those who participated in
the government accepted to do so under the decree. We had not seen or heard
any open defiance against the decrees other than the open stand we took.
These decrees continued to guide the affairs of the country until 16th January
1997 when the 1997 Constitution came into force. The provisions of the Decrees
which governed the country through a transition up to the presidential and
national assembly elections can be summarised as follows:
1) The provisions of the Constitution of the Republic of The Gambia, 1970
mentioned in Schedule I of this Decree are hereby suspended.
(2) Subject to this and any other Decree, the provisions of the Constitution
of the Republic of The Gambia, 1970 which are not suspended by subsection
(1) shall have effect subject to the modifications specified in Schedule II of
this Decree.
4. Notwithstanding anything contained in this Decree, the provisions of
the Constitution, of the Republic of The Gambia, 1970 that are not suspended
by this Decree shall apply in so far as they do not conflict with a
provision of this Decree or any other Decree.
5. The validity of this or any other Decree shall not to be enquired or
questioned in any court of law.
These provisions consolidate the abrogation of the republic, its
institutions and the sovereignty of the people. This is what the opponents of military
rule should have exposed and combated like we did.
On the other hand chapter 1 of the 1997 Constitution states that the Gambia
is a sovereign Republic. It adds; The Sovereignty of the Gambia resides in
the people from whom all organs of government derive their authority and in
whose welfare and prosperity the powers of government are to be exercised in
accordance with this constitution.
Section 4 of the 1997 Constitution states that: The Constitution is the
supreme law of the Gambia and any other law found to be inconsistent with any
provision of this constitution, shall to the extent of the inconsistency, be
void.
Section 5 adds that:
A person who alleges that
a) any act of the National Assembly or anything done under the authority of
an act of the National Assembly;
b) any act or omission of any person or authority, is inconsistent with, or
is in contravention of a provision of the constitution, may bring an action
in a court of competent jurisdiction for a declaration to that effect.
2 The court may make orders and give directions as it may consider
appropriate for giving effect or enabling effect to be given, to such a declaration
and any person to whom any order or direction is addressed shall duly obey and
carry out the terms of the order or direction. Hence it is clear that the
1997 Constitution restores the Sovereignty of the people and the supremacy of
the Republican Constitution. I cannot comprehend how anybody could have
supported its rejection and leave the people to continue to live under the supremacy
of Decrees.’
Hence if people fail to elect people who would respect the provisions of the
Constitution and even improve on it let them blame themselves and not the
Constitution.
To be Continued
Gambia Foreign Stars Roundup
By Modou Nyang
Here is another week of action by Gambian football exports around the world.
It was a week of victory for some and defeat for others.
Austria – in the Austrian Bundesliga Pa Saikou Kujabi and his club SV Josko
Fenster Ried are on a terrible run of form having lost twice in the space of
three days with a whopping 9 goals. Ried lost their midweek match (Wednesday
0ctober 31st) against SK Sturm Graz 5-0, with Pa Saikou making to the field
as a 81st minute sub. The second defeat, 4-0 to Rapid Vienna on Saturday,
meant Ried drop back to 7th on the ten team league table. Kujabi was not listed
for this match. Ried will now face Sturm Graz for a quick return leg on
Saturday at their home ground.
The other Gambian campaigner in the Bundesliga, Modou Jagne, played out a
1-1 draw against FC Karnten in their midweek match, and Jagne featuring for the
whole period of the game. And on Saturday, Altach pulled a decisive 1-0
victory at home to Austria Vienna to complete a relative successful week. Jange
was substituted in the 64th minute after he was got into the referee’s book.
They will host FC Wacker Tirol on Saturday.
Belgium – in the Belgian 2nd division league, Scorpions striker Assan Jatta
returned to the action for club Lierse SK after warming the bench for the
past couple of weeks. And as if that bit of tactical change by the Lierse
technical team was what was keeping them winning in recent games, the team won 1-0
against KVK Tienen on Sunday to end a disgracing run of defeats. Assan was
partnered upfront by compatriot Mustapha Jarjue.
Also in the same division, Ebrima Sawaneh powered his club KSK Beveren to a
2-0 win over OH Leuven on Saturday. The win is Beveren’s third of the season
and thanks to the marksmanship of the uncapped Gambian, Sawaneh, Beveren are
hoping to make a strong challenge back to division 1.
Cyprus – in the Greek top division league, Mustapha Kamal Ndow’s Doxa
Katokopia FC were 1-0 winners on at home to Omonia AC on Saturday.
Denmark – Striker Njogu Demba and his Danish SAS League side Esbjerg FB lost
2-1 to FC Nordsjælland on Sunday. Demba was a 58th minute sub and had to
pick-up a yellow card in the 72nd minute. Esbjerg has now played five matches
without a win making their hopes for a strong title challenge more difficult.
England – Edrissa Sonko and his English league 1 side Walsall were 2-0
winners against Cheltenham on Saturday. Top striker Tommy Mooney scored both goals
as the Saddlers up to 13th on the league table. Sonko played full duration
of the match. Walsall were playing against Brighton yesterday (Tuesday) at the
time of writing this story.
Finland – HJK were 1-0 losers against FC Honka on Saturday in the absence of
Dawda Bah whose season has ended due to his ineligibility to feature for the
Helsinki club in the Finnish Cup. The two teams will square-up against each
other again on Sunday for the decider. Dave will however hope his teammates
overturn the first leg result to maintain hope of claiming any silverware this
season.
Holland – in the Dutch 2nd division Ebou Sillah’s MVV Maastricht were 2-1
winners against Dordrecht ‘90 on Friday whilst former Scorpions Captain Jatto
Ceesay and his side FC Omniworld lost 3-1 against FC Zwolle on the same day.
Ebou Sillah set up Robert van Boxel for MVV’s first goal in 59th minute when
he measured perfectly from the spot for the midfielder to head into the net.
Jatto was however not listed for Omniworld due to injury.
Norway – in Norway, Tijan Jaiteh’s SK Brann signed off the season with a
3-0 defeat to Tromsø IL on Saturday. Jaiteh was not in action for the Bergen
side who were crowned champions with three matches to spare. But Ebrima Sohna’s
already relegated Sandefjord side managed a 1-1 draw against Lillestrom on
the same day.
Peru – Yankuba Ceesay and his Peruvian premier league side Alianza Athletico
fought out goalless draw against Universitario on Sunday. Ceesay was not
involved in the match.
UAE – in the United Arab Emirates Etisalat league, Young Scorpions Striker
Ousman Jallow helped his team to a 3-1 victory over Alwasl on Saturday. Alain
scored twice from the penalty spot after Jallow and Moroccan striker Sufian
Alaloudy, who scored both.
USA – Sainey Nyassi and Abdoulie Mansally’s New England Revolution has
progressed to MLS Eastern Conference Championship after seeing off the New York
Red Bulls on Saturday. Revolution won the return match 1-0 at the Gillette
Stadium after drawing goalless in the first leg at home to the Bulls. The Revs
will now play the Chicago Fire tomorrow in the Eastern Conference Final.
Jatto Ceesay Out With Injurye
By Modou Nyang
Former Scorpions Captain Jatto Ceesay has sustained an injury and he is
expected to be sidelined for at least two weeks.
The veteran midfielder attacker, who now plies his trade with Dutch 2nd
division club FC Omniworld, is reported to have undergone a minor surgery to get
fixed. And his club felt his absence in there last match which they lost 3-1
to FC Zwolle. He made his debut for Omniworld on 14th September this year in
a goalless draw against FC Emmen as a 52nd minute substitute.
He has made a total of five appearances for the club in the league so far
this season before he got injured. The last match he appeared for Omniworld was
in a 3-2 defeat against RBC Roosendaal on October 5th. FC Omniworld are
currently 18th on the 20 team league table with 12 points from 15 matches.
Jatto 33, made his professional debut for Willem II Tilburg in 1995 from
local side Wallidan FC. He spent his best years with the Eredivisie side until
2004 when was loaned to Saudi club Alhilal. He spent only one season in the
Middle East returning to Willem to see out his contract in 2005.
The veteran midfielder signed for Cypriot side AEK Larnaca for one season
with an option to renew the deal but instead he was released together with
fellow Gambian player Mustapha Kamal Ndow, who moved to Doxa Katokopia FC in the
same league.
Ceesay was rendered jobless a while after leaving Larnaca and his situation
was made more sorrowful when he was not invited for national duties in the
Scorpions failed attempt to qualify for the 2008 Africa Nations Cup. And as he
remained in the football wilderness for some time, he returned to his second
home (Holland) where he signed for FC Omniworld.
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