Folks, forwarded is another Forayaa newsletter for your consumption. >From: "Amie Sillah" <[log in to unmask]> >To: [log in to unmask] >CC: [log in to unmask] >Subject: FOROYAA ISSUE >Date: Fri, 17 Oct 2003 20:50:07 +0000 > >FOROYAA NEWSPAPER >ISSUE NO. 79 >Publish (16 October 2003) > >EDITORIAL > >A NATION WITHOUT AN ATTORNEY GENERAL AND SECRETARY OF STATE FOR JUSTICE > >Since the AFPRC/APRC came to office 9 persons have occupied the post of >Attorney General and Secretary of State for Justice. When they took over >Mrs. Amie Bensouda was Solicitor General and Legal Secretary. When the PPP >Cabinet was dissolved Mrs. Amie Bensouda was asked to act briefly as >Attorney General and Minister of Justice. She was later replaced by Mr. >Fafa Mbye. The list then continued as follows: Mr. Mustapha Marong, Mrs. >Hawa Sisay Sabally, Mr. Musa Bittaye, Mrs. Fatou Bensouda, Pap Cheyassin >Secka and Mr. Joseph Henry Joof. Who is next? That is the question. >The situation is very critical as the country undergoes its most unsettling >economic and governance environment as the executive adopts measures that >can only result in general confusion of the source of the current economic >crisis. >Readers would recall that the Secretary of State for Finance and Economic >Affairs had introduced new tax measures in his budget speech, which stated >among other things that foreign exchange bureaus would pay 30,000 Dalasis >per annum. Organized Foreign Exchange dealers would pay 15,000 Dalasis, >Mobile Foreign Exchange Dealers would pay 5,000 Dalasis annually. By this >act the executive legitimized the paralleled market. Now the same >government is claiming that the major cause of the depreciation of the >Dalasi is the Mobile Foreign Exchange dealers and the price hikes are >attributed to insensitive Gambian vendors. Arbitrary decisions are taken >to control vital prices without controlling wholesale prices. Contrary to >their claim that prices are going down what is happening is the reduction >of investment in the retail trade. This will ultimately result in scarcity >of goods, poor marketing outlets and greater poverty. Government needs to >mediate between wholesalers and retailers and between the retailers and the >consumers in order to come up with the best possible compromise. Instead >of the fascist and militant programme of “Operation No Compromise”, what we >need is the democratic programme called “Agenda: The Best Possible >Compromise”. >The most tragic aspect of all this is that the government is without the >constitutionally required legal adviser. Section 72 Subsection (2) states >categorically that: “The Attorney General shall be the principal legal >adviser to the government and shall have the right of audience in all >courts in the Gambia”. The country is entering the fourth week without an >Attorney General and Secretary of State for Justice. >In our view, the position of Attorney should be separated from that of >Secretary of State for Justice. The position should be freed from its >partisan trappings so that professionalism shall be the basis for being >appointed Attorney General and not the tendency towards sycophancy. > >DEVELOPMENTS ON MR. LAMIN WAA JUWARA > >As the government confirms to the Gambian people that it has no respect for >the Constitution by continuing to detain Mr. Lamin Waa Juwara with >impunity, a broad base consultation is taking place on how to put an end to >impunity once and for all, and have civil society control of the exercise >of political authority. Detention without trial is the hallmark of every >despotic government. It signifies the usurping of judicial powers by the >executive. >The Effort to get Judicial Intervention >Where the executive defies the judiciary can step in to protect the law. >On Friday 10th October 2003, Mr. Borry Touray, Counsel for Mr. Juwara >appeared in court before Justice Belghore at the High Court to argue for >Mr. Juwara to be granted Bail. Justice Belghore held the proceedings in >Chambers, which prevented journalists in particular and the public in >general from witnessing the case. >Foroyaa has been reliably informed that before the application for bail >could be heard the Prosecution made a preliminary objection on the grounds >that the applicant, that is NDAM’s Youth Wing Leader has no Locus Standi to >act on behalf of Juwara’s family. The court agreed to this position and >dismisses the application. Mr. Borry Touray made another application on >Wednesday. >It was made abundantly clear that one has no authority to detain a person >for more than 72 hours without bringing him/her before a court. The state >was trying to defend that Waa is likely to commit a crime if released. The >Judge will make a decision after going to Press. > >Remarks After Publication >In fact Waa Juwara was granted bail by the high court on the 16th October, >2003 after the Newspaper was already out. He has since been released. > >CENTRAL BANK IN FOCUS > >The Audit exercise, which was in progress at the Central Bank, is now >completed. The Board of Directors are supposed to have held an emergency >meeting to review the report. After much speculation the government needs >to make the findings public. If it fails to do so Foroyaa urges the >National Assembly to pursue the matter. The Constitution has made it a >requirement for the Central Bank to issue Annual Reports to the National >Assembly. Once this happens the National Assembly can set up a Special >Select Committee to look into the report. This however has never happened >since the Constitution came into force in 1997. >If the Government is truly interested in Transparency and Accountability, >the back log of reports by the Central Bank to the National Assembly should >be cleared and published. > > >On the Mobile Currency Dealers >On The True State Of The Economy >Part IV >What Confirms that the Government is engaged in economic adventurism is the >fact that in the 2002 budget speech the Secretary of State for Finance and >Economic Affairs has made it abundantly clear that Foreign Exchange Bureaus >will pay a sum of D30,000 per annum, the Organized Foreign Exchange Dealers >were to pay D15,000 per annum, the Mobile Foreign Exchange Dealers were to >pay D5,000 per annum. There are revenue measures to be applied in 2003. >Now, the government claims that the Mobile Foreign Exchange Dealers have >been responsible for the depreciation of the Dalasi and the rise in the >value of the CFA. No study has been conducted to know the role the CFA or >the Mobile Foreign Exchange Dealers have been playing in the economy. >A review of economic indicators reveals that the Gambian Economy is more >integrated in the sub-regional economy than any other. Let us go a bit >back to show the trends of the Gambian economy. Imports from Ivory Coast >increased from 4.10% in 1999 to 11.02% of total imports in 2000. This is >second only to Germany. Imports from Senegal in 2000 were about 2.77% of >total imports. This does no reflect the smuggling ring. On the other hand >exports to Senegal amounts to 39.4% of total exports while Guinea-Bissau >received 9.6% of total exports from the Gambia in 2000 Guinea received >2.1%. In short 54.9% of total exports go to our sub-region. The earnings >are mostly in CFA. The government however is saying that people should not >have CFA in their possession. If one goes to many shops in the Gambia we >find yam, coconuts, kolanuts etc from the sub-region. Many people who >trade in these goods would also purchase other items from the Gambia to >take it to the sub-region to earn more CFA. This has become a lucrative >Sub-regional trade, which went on outside the banking system. This is what >has fueled the parallel market, which was at the centre of the movement of >goods and currencies. >It is this informal economy, which has been the backbone of the Gambian >economy. This is what the APRC regime is dismantling without giving any >credible replacement. > _________________________________________________________________ See when your friends are online with MSN Messenger 6.0. 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