The following is from Burning Issues (FOROYAA Publication) Monday, 12 February 2001 **************************** Chief Omar B. Ceesay Reinstated The Lessons FOROYAA received information that on Friday, 2 February 2001, Mr. Omar Batorr Ceesay, Chief of Upper Saloum was removed from office. The information was confirmed by reliable sources. After the confirmation that Mr. Demba Sanyang who was removed as chief of Kiang Central had been reinstated FOROYAA get in touch with SoS for Local Government and Lands, Mr., Nai Ceesay for interview on the subject on Thursday 8 February 2001. The SoS confirmed that chief of Upper Saloum was removed but that he has been reinstated. Asked for the reasons for removal, he simply indicated that information received may lead to dismissal and further information may lead to reinstatement; that they simply balance the information received to make a decision. Monarchs have power to rule as they want. This is why the colonialists created laws that enabled the governor to approve the appointment of chiefs and remove them from office. The governor could fine and punish chiefs. This is why chiefs were under the domination of commissioners and governors. Since the Gambia became a sovereign republic all monarchical laws and institutions should have been eradicated. This however did not happen. The past and present regimes have maintained the Provinces Act which empowers the president to approve the appointment and removal of chiefs from office. The 1997 constitution has tried to change the situation by making the office of chief elective contrary to the type of elections under the first Republic which was not based on any law and which allowed only compound owners to participate instead of all registered voters. However, the government aims to amend section 58 of the constitution which requires election to be held within 120 days after the office of chief becomes vacant and empowers any registered voter within the district to vote and any qualified voter to stand as a candidate. This constitutional provision aimed to buttress the Republican nature of the country which means that the people are sovereign. This is why people have the right to elect and be elected on the basis of qualifications applicable to all. The present regime however, instead wants to go back to the past by maintaining the monarchical powers of the president. In doing so the president will end up relying on sentiments of communities to determine who will occupy positions of chiefs. It is already clear that the president will be basing his decisions on what people say about a given chief as we have seen in the cases of the chiefs of Kiang Central and Upper Saloum. The villagers of the Kabada area who may have jubilated because of the removal of the chief Demba Sanyang would now be in funny position after his restoration. The same thing will happen if Chief Omar Ceesay is restored. This is why the electoral process is more conducive to national unity. In short, each person will go and vote for the person of your choice rather than relying on a president to fight one's battles. Finally, the candidate with more support would win because of the people. The aim to eradicate chieftaincy elections will only promote national discord. The chieftaincy election in Sami has not been followed by any discord in Sami. On the other hand, people come to tell the president what he wants to hear just to get him to remove the person they dislike from office. Such tendencies would only breed hatred and hostility among the people. FOROYAA will address a letter to the Attorney General to explain why appointment and removal of chiefs by the president will be undermining the principles of state administration under the 1997 constitution. A sovereign Republic means exercise of authority by the people to determine who is to govern them. Gambians must therefore know section 1 subsection (2) of the constitution to their finger tips. It reads: ''The Sovereignty of the Gambia resides in the people of The Gamnbia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this constitution.'' The government should therefore abandon its plan to amend section 58 and have the people to elect their own chiefs and come up with a Local Government Act which will require the setting up of a tribunal to investigate allegations against a chief before removal. ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html You may also send subscription requests to [log in to unmask] if you have problems accessing the web interface and remember to write your full name and e-mail address. ----------------------------------------------------------------------------