Gambia-l, The following is Sidia Jatta's contribution on the motion dealing with the crude oil. Published in FOROYAA issue 3-6 July, 2000. *************************************************************** When the issue arose as a result of an article in Africa Confidential, a question was ultimately posed on it to the Secretary of State concerned and since then the matter kept on coming and some people decided to investigate because it has become a national concern even as far as going to where the said court had taken place. We know that this crude oil business was going on under the First Republic. That was why the AFPRC constituted a commission to enquire into it. So what is wrong in appointing a committee? And don't forget that this committee, even though it has powers of a High Court, does not have power to penalise anybody. It can only investigate and simply report. So you think that is bad? And some people dare stand up here and tell us that nobody is interested in it in this country. That is terribly dishonest. I had a meeting in that particular member's village, in his constituency, in his own village, and they asked me a question about crude oil. That Member stood up here twice successively and said that nobody is interested in the. crude oil issue. Mr Speaker, that was why at the inception of the life of this National Assembly, 1 contended that 1 don't want to be called honourable because for me honourability is not a title. It has to be acquired particularly by us who are here. It has to be acquired because of our deeds, our words, become our commitment to the national interest. You ask anybody in the street, consistently, I refuse to be called honourable. My honourability will be established by my deeds and the people are the judges of those deeds and not myself. 1 take no pride in being called honourable. I think it is a mistake that once you are elected automatically you are "honourable". But how did some of us win our seats in this National Assembly? Those practices themselves are anything but honourable. Mr Speaker, the references they make to sections 13 and 17 of Schedule II of the Transitional Provisions refer to a period which is outside the constitutional period. It is by comparison after the incident of the abortive coup d'etat of 1981 the then government retroactively introduced the so-called Indemnity Act for the period during which the abortive coup d'etat took place, because some how laws were put aside and power not respecting laws and rules was used to deal with the situation. Therefore, they retroactively introduced the Indemnity Act to protect themselves. In like manner in the 1997 Constitution, the need for indemnity Clauses was felt because from 1994 to the end of 1996 we did not have an elected government but we had a government whose members had arrogated power to themselves. And therefore since we were now entering a constitutional period, they saw the needs to make provisions to protect whatever had happened during that period. It is not that constitutionally we don't have power to appoint a committee. You know that we do have. That's in section 109. Some committees have been mentioned but in addition it says any committee that you feel it is necessary to appoint. So, Mr Speaker, those of my colleagues who have been contending that we don't have power to appoint a committee, I refer them to reread that section they have been referring to. But Mr Speaker, if we, refer to sections 214 (5) and 216 (1) we will see the emphasis placed on this issue of accountability in the constitution. Section 214, subsection (5) reads "The Government, with due regard to the principles of an open and democratic society, shall foster accountability and transparency at all levels of government." Section 216, subsection (1) reads: "The State shall endeavour to secure and promote a society founded on the principles of freedom, equality, justice, tolerance, probity and accountability." Mr Speaker, this does not even need a long debate. The Member for Sandu cited the Indemnity Clause in the belief that he was helping the presidency, but unfortunately Mr Speaker, he was exposing the presidency because whether or not we appoint a committee..... ; in fact if we fail to appoint a committee, the rumour will continue. What is worse, accusing fingers will continue to be pointed to the presidency. Mr Speaker, we have a great responsibility. That is why it shocks me when I realise that some of us have transformed ourselves into marionettes insulting their colleagues for want of honesty, for want of conscientiousness, for want of commitment, for want of courage and determination to serve the Cause the supreme law of this land and that is the constitution. If that is what is happening, Mr Speaker, I am very sorry to say, then this National Assembly must be ranked as one of the most inept, one of the most corrupt among the legislatures of the world. This is a very simple and straightforward matter. We are not calling for a trial. We are calling for a device which will help us clear the air to free the presidency from all sorts of rumours and slander. That is also our responsibility. And that is why we have the constitutional mandate to do away with any President who does away with the fundamental laws of this land. That is to protect the presidency from failing into disrepute. So a committee is simply meant to investigate the merits and demerits of what has been said about the crude oil. It is not for us to debate it. There is no matter to debate now. This is what has been forgotten. And what is surprising some of my colleagues on the other side decried the authenticity of the document and yet refer to them to have a stand point. How can that be? How can you say this document is not authentic and yet refer to it to corroborate whatever you have to say. How can you refer to the Indemnity Clauses to say that we do not have power to establish a committee? That is not true. I challenge anybody who disagrees with that. There is no authority in this country who will stand before me and stay that the National Assembly does not have power to establish a committee. The Public Accounts Committee was reviewing the Auditor General's Report which dates from 1991. Do you imagine even before the coming into force of this constitution. So you see how powerful this body is. The committees appointed are really powerful committees. So Mr Speaker, my contention is simply this. We have not come to the stage to debate anything here. So Mr Speaker, my contention is simply this. We have not come to the stage to debate anything here. As far as I am concerned, we don't have anything palpable to debate. But what we have is that there is a lot of rumour about the executive. Many pointing fingers have been made in the direction of the executive. It is our responsibility to free the executive from tarnish. And we can only do that if we appoint a committee to help us clear the air once and for all. I would have applauded the other side if they had condemned us, the opposition, as they say, for making this issue partisan. it is not a partisan affair. It is a national matter. Mr Speaker, some of the things I said since the inception of the National Assembly are coming to light. In 1997, I said that this way of sitting....... The essence of being here is that we are representing the Gambian people. I once said here that although I was elected by the people of Wuli, I am not representing Wuli. I am representing Gambia. If I were representing them we'll be making laws for Wuli uniquely. We'll be signing loans for Wuli uniquely. We will be designing programmes for Wuli uniquely. When the problems of this country are solved the problems of every constituency will be solved simultaneously. Once we are in this National Assembly together we must work to serve the interest of The Gambia. That is why when something comes here we don't just kick it because it is from the executive. I personally don't do that. I'll look at it an d examine its merits and its demerits. And I'll make proposals to better it. That I have always done and that is my responsibility. So here also........ The Constitution knows that there are people who are elected by the Gambian people to represent the Gambian people because not ail the Gambian people can come here and represent themselves. There is no space, there is no time for each of them to express their views. And that is why the Constitution says that since by 18 one is mature and therefore one knows what is good for one's fellow countrypersons. Then one should participate in electing people who are, according to section 112, committed, conscientious, disinterested in making profits for themselves, who can always deliberate on national issues according to the dictates of their conscience. Elect those people to represent you and they should be accountable to you at the end of five years. But now, even at the end of one month. Mr Speaker" I think today I will repeat. There is need for us to consider section 92 of the Constitution. it is very important that we consider a Bill to do what section 92 requires us to do because may be what is going to happen here tomorrow it would occasion the recall of members of this National Assembly by their electors. And we are almost coming to the end of the life of this National Assembly and section 92 has not been given consideration. We should empower the people to recall us whenever we fail to serve-them the way they want us to serve them. I will discuss it with some colleagues so that together we draft a Bill to the effect that section 92 becomes active, people will have power and authority to recall whoever they have voted for and is not serving their interest so that someone else replaces them. Mr Speaker, as I said, there is no need for a long debate on this matter. All that we need to do is to refer to the Constitution and see whether there is any requirement for us there. We refer to rumours, etc.; is that what we want to surround the presidency of this nation? How do we put an end to that. That is the fundamental question. How do we put an end to rumour and slander surrounding the executive. The only way we can do it is in accordance with what the Constitution stipulates - to appoint a committee to investigate and then report to the National Assembly. For me, that is a very simple matter Some people have said that the motion was made with malicious intent, political hindsight and all what not. Mr Speaker, as far as I am concerned, when the matter was raised here in 1998, it was not a Gambian who raised it. It came in an international newspaper AFRICA CONFIDENTIAL and the same Africa Confidential recently reported again. This time in more detail referring to court proceedings. Our envoy in London who went there purposely to investigate the veracity of whatever was being said had occasion to met Patrick ant discussed with him. And as a result of that something else. has come. We will come up with that later, whenever it is made available to you, I'll bring it here for us to consider it in the interest of accountability, transparency and probity. We cannot be concerned about transparency and accountability of some institutions when it is a question of ourselves being accountable. "Charity begins at home", they say. So let us honestly face the facts and there is need to form a committee. So let us honestly see why we should form a committee. If we don't form it it is not that the constitution is preventing us from doing it. I repeat, the constitution does not prevent us from appointing a committee if we fail to appoint a committee then it is simply that the majority has asserted its power. But the constitution, as far as I know and as far as anybody who cares knows. gives us all rights and power to appoint a committee to investigate. You have been saying this all the time; so why are you questioning it today. Mr Speaker, thank you very much. **************************************** ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------