Gov't Tampers With 1997 Constitution; Pink Version of National Document Circulating http://allafrica.com/stories/printable/200305020002.html The Independent (Banjul) NEWS May 2, 2003 Posted to the web May 2, 2003 By Jalamang Jammeh & Niohor Saine Banjul Incontrovertible evidence exists, pointing to a rash of unorthodox and controversial amendments to some provisions of the 1997 constitution, despite some being entrenched clauses, requiring a referendum to that effect. Contrary to established drafting principles, the State epitomised by the APRC regime had proceeded with no apparent legal authority to incorporate the provisions of ACT No. 6 of 2001, into the "pink" version of the Gambian constitution. A relevant document secured by The Independent unimpeachably suggests that the amendment was not shown forming an integral part of a revised constitution but instead it is being curiously referred to as "The Constitution of the Republic of The Gambia". The State also made another scandalous amendment to the constitution in brazen defiance of the Supreme Court judgement pertaining to civil suit No 4/2001, between Kemesseng Jammeh and the Attorney General. The Supreme Court in pages 12 and 13 of their judgement struck out the amendments to Section 1 and paragraph 13 of the 2nd Schedule of the Constitution. The State was represented in this case at the Supreme Court by the State Counsel. Some private legal practitioners claim they have noticed a marked shift in the legal drafting style and called the attention of the Draftsperson at the Department of State for Justice to advise on what is possible in drafting laws. One lawyer went as far as sending a letter of concern to the Solicitor General copied to the Secretary General, Office of the President and the Speaker of the National Assembly, decrying the unexplained departure from established procedures in terms of recent constitutional amendments to the nation's laws compiled as the 1997 constitution. In Kemesseng's case with the Attorney General, the plaintiff had argued that "the purported amendment to Section 1 of the constitution contained in the schedule to Act No 6 of 2001, purporting to substitute for that section a new one declaring that 'The Gambia was a Sovereign Secular Republic' is ultra vires, null and void and of no effect by reason of non-compliance with provisions of Section 226(4) of the constitution". The Supreme Court had upheld this argument and another that pointed out that the legislative authority is further limited by the constitution by way of prohibitions against the exercise of its legislative functions in respect of specified matters. "Thus for example Section 100(2) (a) of the constitution declares that the National Assembly shall have no power to pass a bill to amend or repeal this paragraph of paragraphs 11, 12, 13, or 14 of this Schedule" the Supreme Court had argued. Meanwhile according to supplement "A" to the Gambia Gazette No 10 of 31 December 2002, 35 legal notice No 10 of 2002, the Interpretation Act was also amended quoting section 31 of this Act, empowering the president to issue orders for the reprint of the 1997 constitution and to "insert in or omit out" from the reprint sections, schedule or words of the said Constitution that were inserted or omitted. This order was noted to have been issued on December 31, 2002 although the fact that it may be backdated was a strong possibility. However, it has been argued that this purported act of the State has no validity. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~