Foroyaa Newspaper Burning Issue Issue No.63/2004, 9-11 August, 2004 EDITORIAL The Divestiture Programme Of The Government Theory And Practice The Gambia Divestiture Agency held a one-day sensitisation workshop on the functions and operation of the agency. Privatisation which is defined as “the transfer of operational contract of an enterprise from government to private sector” by the staff of the agency has become the norm in the management of the state since the era of the structural adjustment programmes of the 1980s and 90s. Divestiture programmes have taken many forms in the privatisation process. It entails the sale of shares and assets of public enterprises. Its final phase is total privatisation of public enterprises. The theory that led to the adoption of the privatisation strategy is that the public sector should be rolled back from the productive sector of the economy; that the private sector should take full control of production. The rationale is that the public sector is said to lack the capacity for profitable economic management. In our view, the consequences of the structural adjustment programmes have confirmed that neither the doctrine of the public sector led economy of the past nor that of the private sector led economy of the present have addressed the problems of poverty and extricated countries from the camp of the least developed. What is abundantly clear is that production and services are linked. Without the development of the productive base of an economy there will be no revenue base to meet the social services. A government which withdraws completely from production would have to depend entirely on taxation to meet social services. If the private sector does not expand production to enable government to derive revenue from income tax and corporate tax, it will have to scrape the backs of the people through increased taxation to generate income. This can only increase misery accompanied by shortage in the delivery of services. On the other hand, a government can have productive enterprises which can pay taxes and dividends to meet social services. If those enterprises are mismanaged what should go to the public services, as dividends will remain in few pockets. The public enterprise would fail to impact on development and would ultimately collapse. In our view, economies like that of the Gambia are in transition. They are not classical private sector or public sector economies. They have backward private and public sectors. Divestiture by itself will not have any great impact in enhancing productivity. What is necessary is a macroeconomic and management plan for both the public and informal sectors to serve as productive engines of growth leaving the area of comparative advantages to be determined by practice and competition between the various sectors. All public corporations should change management structures so that associations or unions of employees would have representatives in boards in order to check mismanagement and maladministration. For example, in the board of social security, there should be representatives of the pensioners association. Previous management approaches where boards are constituted on the basis of who one knows have failed to give rise to transparency and accountability. Management systems need to change performance and potentials of public enterprises assessed and those that can pay tax and dividends retained. This will amount to sound practice in public enterprise management. GDA Promotes Divestiture The Gambia Divestiture Agency (GDA) on Friday the 6th of August organized a one-day workshop at the Senegambia Hotel for Journalists. According to the deputy permanent secretary of finance and economic affairs Madam Naffie Barry, the aim of the workshop is to sensitise journalist in both the electronic and print media about the programme of the agency. Madam Barry said there would be similar workshops organized for various stakeholders with a view to informing the society and involving them. She finally called on the media to make the best use of the knowledge gained from the workshop. In her presentation of a paper on the Gambia divestiture program Miss Mama Marenah the Chief Executive of the agency told journalists that the objective of the programme is to roll back the activities of the government from public enterprises that are best suited for private sector operations, with a view to enhancing better services, such as enabling consumers to have access to goods and services to increase competition, employees to receive better salary packages after divestiture, government to generate revenue that can be used to reduce domestic debts and for foreign investors to bring in enterprises and capital. The Chief Executive further informed journalists that her Agency intends to look into the performance of all the remaining public enterprises and advice government on the way forward for their divestiture or privatisation. She further indicated that public enterprises in category two such as GGC, GIA, GCAA will have to be privatised straight away and the GPO will be turned into an autonomous body, following which the GDA will look into the activities of MSA, GPTC, KRM Kuntaur Rice Mill, Banjul Ship Yard and the shares of government in Gamcot 40% to sell 30%, 3.09% at Banjul Breweries and the 50% in the Senegambia Beach Hotel. She finally opined that this will be followed by GPA, NAWEC, GAMTEL, GPTC former National Printing and Stationery Cooperation and SSHFC. She added that they would be done one by one based on a case study. Mr. Alagie H. Gaye presented a paper on privatisation case study on Kenyan airline. Reply To FOROYAA’s Editorial Of July 22nd “Should You Celebrate Or Contemplate?” Below is Ebou Faal’s reply to FOROYAA’s Editorial on July 22, “Should You Celebrate Or Contemplate?” An editorial comment on his reply ensues. President Jammeh has every right to accuse his opponents of envy. Mr. Editor, you yourself have admitted that his government made some achievements; although in your view, his government’s shortcomings are greater than those achievements. Is it not perplexing that not once has his opponents regarded such achievements without adding some cynical remarks to them? Invariably it is “government has done this or that thing but -” Going into the details of the Editorial, it is alleged that “there is no strategy to construct internal and external road linkages of the country”! Such an allegation is certainly NOT ON! How about the Kombo Coastal Road, linking several important places of the country? How about the Barra- Kerewan-Farafenni linkage? Regarding the latter, it is indeed an undeniable fact that during the previous regime the North Bank Division as a whole was the most neglected, to say the least. Today, someone resident in the Greater Banjul Area is able to have his or her breakfast at home, travel up to Farafenni have his lunch there and return in good time for his or her supper! That would be unbelievable in the PPP days. Even as regards the former linkage, the journey from Serrekunda to Brufut used to be nightmares for people who would like to make such a journey in a hurry. Today, it is such a smooth one that one can make it twice over in a day without any hitches or painful experiences. I am sure, the APRC government has plans (concrete plans for that matter) to do the other vitally important road linkages. After all, “Rome was not build in a day,” says the adage. It is also alleged in the same Editorial that the public media, the TV in particular, are used more for propaganda purposes. I beg to differ. Indeed, as a result of the recent survey conducted on what the citizenry would like to see featured in the public media, we have begun to have more and more programmes which do provide access to divergent views. Take “In-depth”, for example. It has covered so far, important topics such as the economy, patriotism, nationalism. To name but a few. Suffice it to say, that divergent views and for that matter uninhibited views were expressed on these topics. In my view, nothing could be more democratic than this. But, as mentioned at the beginning, Jammeh’s opponents do not as a rule due regard to any of his achievements. Little wonder, after citing the fact that pupils in our primary schools, 81, 000 (eighty-one thousand) in our upper basic schools and (I am cork sure multiple more than) in our senior secondary schools you then try to diminish (for want of better word) such a landmark achievement on the part of the APRC government by adding “but left of the enrolment is on the basis of double shift (making for the) overusing teachers and the reduction of quality of education.” One would have thought you would be fair enough to add that nowhere in the Gambia today, thanks to the APRC government, do children have to walk more than x km to school. Talking about the double shift, one has to acknowledge the fact that the problem of illiteracy is a universal one, as far as the developing countries are concerned, and there have been several approaches to get round that problem. In Jamaica, for example, in addition to “paid fulltime workers (i.e. regular teachers) there were in 1978 approximately 1,200 (one thousand two hundred) volunteers who gave you several evenings a week to teach.” In Botswana, there were in 1978 alone over 40 (forty) brigades running brigade centres. A brigade centre there, by the way is a cluster of brigades organized under a single local governing authority. It comprises motor mechanics, carpenters, plunders, etc, and 85% of the students are young men, aged 15 - 20 years. Their training includes such subjects as mathematics, English, development studies and science. The programme is designed so that students cover a part of their training cost by part time work. Is it not the case that under the APRC government the President’s Award Scheme has been given a tremendous boost? How about NYSS, which correspond more or less to the Botswana model just described above? Above all, the University of the Gambia is APRC government’s baby. Whilst we are about it, you will recall we used to have drop-outs from middle level, now upper basic school, over the cut-off marks set by the High Schools, now called senior secondary schools. It is no exaggeration to say that lots and lots of students obtained the pass mark set by WAEC, but because the mark they obtained was below the ones set by the high schools they had to drop out. If the parents/guardians of such students were well off enough they would send them to another country, mostly Sierra Leone to proceed to high school there. But how many of such parents/guardians were around at the time? Incidentally, I don’t know whether it was the case of sheer change of environment or that of late developing, but almost all who went to high school in Sierra Leone have come back successful!! Suffice it to say, very few indeed! Today, thanks to the APRC government even before continuing education was introduced by WAEC, more high schools were opened, with the result that once a student obtained the WAEC cut off mark he or she would invariably proceed to some high school, somewhere in the country! Thus, this was or rather is another cap in APRC’s feather and it should not be lost sight of at all. One more thing the Editorial mentioned regarding education in this country is “the availability of learning materials is a matter of concern.” Granted that is so, how about the gruesome case of parents/guardians buying or rather having to buy chairs and desks for their children/ward and those children/ward having to be carrying such pieces of school furniture to and from school! For some of such unfortunate children/ward the problem was all the more aggravated if they had to walk so many kilometres with their pieces of furniture on each school day. The Editorial claims that 69% of our population are living in poverty. I very much doubt such a figure, Mr Editor. May be you erroneously include the non-Gambians, some of whom are foreign beggars but the vast majority of whom I could term as “economic refugees,” who have decided to come and settle in the Gambia because they could look forward to making it better here, The Gambia being such a peaceful, accommodating and arguably environmentally conducive place for people prepared to work hard for their living. Besides, your view of poverty may not necessarily be an acceptable one. Indeed, it has been rightly pointed out that “what can be called “necessities” vary from society to society. Commented a George Scvhwartz in the Sunday Times (18/8/1968). “What significance and value attach to the definition of poverty in the western world” ? Before long it will mean non possession of a coloured television set.” Ridiculous isn’t it? Coming back to the economic refugees, we have so many of them in our midst that our amenities particularly our health facilities and our very markets (where we buy our daily bread) are outstretched for want of a better world, with the result that we the citizens become poorer in the economic sense. Indeed, if with D5 (five dalasis) one could see the doctor and get some medicines, free of charge, it is inviting more and more foreigners (especially those close to our borders) to come and share our facilities with us. You may also note that quite paradoxically it is the foreigner who make the prices of most of our basic commodities at the market such as fish, vegetables, oysters, etc so high: it is simply because the prosperous foreigner with his relatively high income is prepared to buy these basic commodities at whatever price the unscrupulous vendors may be selling them. You may well say then let the APRC government do something about those foreigners. The answer is no; the APRC government realizes it is a member of ECOWAS and it is ungentlemanly for any government to be merely paying lip-service to any protocol into which it may enter. I am talking specifically about the protocol on free movement of people, goods and services amongst the members engaging in this protocol from time to time; but, I am sure, you will advise the APRC government to be doing the same. The Editorial have come down rather heavily on the debt burden and the debt service burden vis-à -vis the budget of the year. Suffice it to say that development must be at a cost; so that the greater the development the higher the cost. Besides, it is unfortunate that the purchasing power of the dalasi vis-à -vis the$, £ or Euro leaves much to be desired. However, quite a number of positive steps are being taken by the APRC government to turn the situation round. It must not be forgotten that the legacy they have inherited from the PPP regime has not been without severe criticism. To give you one example, briefly after three years of hard work our union called Gambian Farmers, Fishermen and Poultry Union, succeeded in prevailing on ILO to send an expert to the Gambia, to come and evaluate our plans without a view to getting them sponsor a project(s) for us. Accordingly, a Mr. Garret was sent by ILO to the Gambia for the said purpose. As a result, ILO was prepared to provide us with 200 tractors and a few hundred power driven canoes. We had identified places in the Fonis, Kiangs, Jarras and Nuimis as well as Banjul and Bakau. The last two places had been identified for fishing and poultry keeping and the rest of the places mentioned were for the cultivation of our traditional crops and the growing of cashew trees. We had a membership of over 1000 (one thousand) spread over all these places. Thus, we were posed to embark on farming, fishing and poultry keeping in a big, big way. Unfortunately, the PPP government would not approve the project, laudable as it was, for some real research but known to them, although what they told us was that the country was not ripe for mechanization! Alhagi AE Chan Joof and Alpha Abou Sallah (of Latrikunda Yirinyanga) who were our secretary general and president respectively will confirm this unfortunate story. Other notables amongst the executive of the union were the late M.E Jallow (Jallow Jallow) and the late Kissima Janneh (K.O Janneh). Now then, tell me the editor, if we had had mechanization introduced in this country as long ago as the late as long ago as the late 1960s (some thirty odd years ago) with the ILO project ushering it, where would our agriculture be today? I am sure there must at least be a few more ugly stories like this during the last regime, conservative and unenterprising as it blatantly was. Last but not the least, I find your projections very amazing, to say the least. You opine that in the next 10 years, over 300,000 children will come out from our lower and upper basic schools and presume the prospects for them to be nothing also but “dim”. That you added, apparently unconsciously, unless there is change. Now about the exponents of NYSS, GTTI, MDI, President’s Award Scheme and the University of The Gambia? Above all, about our OIL deposits? As someone very much unfair with APRC’s plans and programmes for the development of the Gambia, I would like to assure you that it will a matter of a relatively short time when the Gambia’s economy will be so sound that the cost of living in its full sense (including the cost of a bag of rice) will be affordable by even the ordinary citizen, for wages and pension allowances will be raised substantially. Perhaps, as a finale I should leave you with some items of food for thought in the form of just two quotations from world renown scholars: “Development and Education go together. Unless there is spending on education, a country will always require outsiders to provide technical and professional skills for a growing, changing agriculture and industry.” Another quotation in this vein is “People in Developing Countries today are having to make difficult choices. While they do not want to have a foreign culture imposed upon them, they also cannot return to their own cultures as they were centuries ago. The problem is to take advantage of modern ideas and inventions - keeping in mind their own particular needs. The problem is one of selection. Ebou C. Faal 56 Mosque Road Latrikunda Editorial Comment Mr. Ebou Faal has done what is necessary in a democracy. Debate and polemics help to clarify issues. Newspapers and the other media should be open to divergent views. This is what gives vitality to the independence, impartiality and professionalism of the media. If both the state and non- state media provide room for divergent views to be expressed the truth will never be hidden. We thank Mr. Faal for taking up issue with FOROYAA. Let us now subject his contentions to careful analysis. First and foremost, Mr. Faal should never sink to myopic sentiments like accusing Jammeh’s opponents of envy. Public office is not personal property. It is public property. Some members of the opposition have been invited to join Jammeh’s government and some declined on the basis of principle. Such people have always adhered to the principle of scrutinizing and criticizing governments so that they can do their best. They have always called for opposition parties to give their opinions so that any government can learn from them to do its best and still show that its best is not good enough for the people, if they have legitimate reasons to do. Readers would recall the voices in the National Assembly telling the Secretary of State for Finance that we were heading towards economic crisis while he maintained that there was no crisis. Eventually the President had to come up with Operation no Compromise. We analysed the shortcomings of the exercise and called for the monitoring of the indicators before making policy. Eventually things turned out just as we predicted. The Dollar is still 30 Dalasis despite all the claim that its depreciation was due to speculative pressures. We indicated that the lack of development of the productive base of the economy, the high expenditure of foreign exchange for imports and low earnings from foreign exchange from exports, the high debt service charges which compel government to mop up foreign exchange to keep in it foreign reserves had all contributed to the high demand for scarce foreign exchange. Without addressing such problems the dalasi cannot gain its previous value. The fact of the matter is that government cannot claim that there is no opposition party, which is constantly participating in reviewing issues of fundamental importance in a scientific and mature way. It is sad that people like Mr. Faal have no regard for such contributions and regard every criticism as a sign of envy. On the Substance of his Criticism Mr. Faal touched on communication, education, poverty, food self sufficiency, the debt burden and forecast for the future. On Communication Our criticism of the regime is two fold. We asserted that its action in the road-building sector lacks strategic focus and does not satisfy the requirement of sustainable development. In short, we argued that for ten years the regime has been unable to facilitate the building of a road from one end of the country to the other in the Northern or Southern banks of the country. This should have been the strategic focus of the government to ensure the efficient movement of people and goods from one side of the country to the other. If Mr. Faal sits down to think of what we have said, if he considers the millions that had been wasted because of the purchase of spare parts, the destruction of goods, the delay of transactions because of the poor road conditions he would have simply advised the government to acknowledge its poor strategic vision rather than refer to the Kombo Coastal Road and the Barra Kerewan link as a diversionary tactic from the main thrust of our criticism. Secondly, we also mentioned that to facilitate the free movement of people and goods across our borders the government needed to give priority to the Trans-Gambia roads. We claim that they have failed in their strategy in this regard in the past ten years. Mr. Faal has said nothing to impinge on the validity of our assertions. Thirdly, the Kombo Coastal Road was build with Kuwaiti and BADIA loans amounting to 112 Million Dalasis at the inception. For the information of Mr Faal, we are to pay over 16 million dalasis this year to Kuwait as amortization and 6 million dalasis as interest. Mr Faal may be interested in knowing that the government took a multi purpose loan amounting to 35 million dollars. In 2001 we paid 38 million dalasis towards the loan, in 2002 we paid 12 million dalasis and in 2003 we paid 22 million dalasis. We have emphasised that the project identified by Mr. Faal are loans. They are paid from the tax money. We argue that the government has not done much to ensure the expansion of the productive base of the economy so as provide an expansion in the source of revenue to finance the loans. In that regard, the loans would only be paid by scraping the back of an over taxed population or diverting revenue from services in order to meet debt obligations. We maintain that such as state of affairs is unsustainable. Mr. Faal has been informed that the country now has a debt burden of 20,000 million and that this year the government has increased the debt repayment and service burden to 1500 million dalasis out of a budget of 2200 dalasis. Clearly, there is nothing to celebrate regarding the debt burden. It is unsustainable. The other subject raised is the T.V. We maintained that the public media is not being utilized to promote the expansion of divergent views; that it is more a propaganda tool of the government. A clear example is Malick Jones’ interview with Halifa Sallah which should have been broadcast along with the views of Edward Singhateh, Gabriel Roberts, British High Commissioner, the US Charge de affairs and Hamat Bah. Malick deliberately censored the interview and broadcast just one insignificant statement out of the interview. It is Unfortunate that Mr. Faal does not acknowledge that even the Council for Civic Education which should help the Gambians to know the content of their constitution, electoral laws, local government laws and so on cannot use the T.V. to educate without paying substantial amounts of money while every few days, hours are spent broadcasting wrestling matches and other magical performances at no cost to the President. Mr. Faal spoke about the discussion on Nationalism and Patriotism on T.V. Clearly, this programme lacked focus. The APRC supporters spent more time exposing their dirty linens than teaching the Gambian people what patriotism and nationalism is all about. The essence of patriotism is ownership of country by the people. This sense of ownership should be accompanied by the awareness of one’s equality with all citizens and ones power to say how the country is governed. Clearly, a T.V. which is broadcasting songs that give the impression that Jammeh is a god chosen leader, a T.V which is constantly providing avenue for Jammeh to insult his political opponents and pretend that he is the owner of the tax money of the people and would provide it to communities on the basis of their loyalty cannot be promoting any understanding of patriotism and Nationalism. On Education We reminded the nation that access to education has been expanded through the taking of loans to build schools and the maintenance of double shift system, which is being disadvantaged by the inadequacy of trained teachers. This affects the quality of education. We emphasized that we have not been able to meet the constitutional requirements of making basic education free for both males and females. We have mentioned that many girls have to pay up to 600 dalasis for their education and are given only free tuition and not free education; that girls outside the public schools pay over 1000 dalasis for their education. Grade 9 is terminal for most students even though the background of the grade 9 products does not fully prepare them for efficient participation in the field of work. Only praise singers would be satisfied with the state of things. Education is not only about numbers but about relevance and quality. We say that the quality and relevance of our educational programmes leave a lot to be desired. The exam results are sufficient to attest to this. On Poverty and Food Self Sufficiency We did not invent the poverty status of the country. Mr. Faal can go to SPACO to find out the results of the surveys on poverty, 69% is accepted by the government. Moreover, Mr. Faal should simply look at the cost of living. Even top civil servants cannot afford a decent meals. In short, top civil servants receive 3000 dalasis monthly. A kilo of beef steak is now D90. If a top civil servant eats a kilo of meat a day that would be D2400 a month. Mr. Faal should therefore note that if a top civil servant cannot afford to eat a kilo of meat a day how are those earning less than D1000 a month living? Finally, for the past ten years the regime has been unable to attain food self sufficiency. The regime made the cooperative union to collapse with a deficit of 183 million. Little effort has been made to transform the AMRC assets into a fund for putting an end to the crisis of marketing groundnuts. In the 1993, over was spent on the development of agriculture. The sum stand at 127 million in 1994. The opportunity has been there to ensure food self sufficiency but it has not been achieved. Hence, it should be clear that we criticize the regime because its performance falls short of what can build a modern nation in the 21st century. A country, which earns 73.7 million from export and spends 4000 million on imports, is still a backward country. Mr. Faal should recognized that Gambia is still among the least developed counties. There is no cause for celebration. THE BELGORE COMMISSION GAMTEL’s MD Testifies By Emil Touray Revelations marred the Commission of Inquiry set up by the state to probe the missing three million dollars at Gamtel. The revelations were made during cross-examination by the Managing Director of GAMTEL, Omar Ndow, at a time when he was subjected to a vigorous examination by Standard Chartered Banks Lawyer Ida Drammeh and members of the Commission. The commission also upheld an application made by lawyer Abdoulie Sissoho for GAMTEL to suspend all payments to Standard Chartered Bank in respect of the three million dollar collateral agreement the two institutions signed. In his testimony, Omar Ndow informed the commission that his institution signed a ten million dollar contract with BEFAG-AG of Switzerland, nine days after the aforesaid institution was incorporated. He pointed out that BEFAG-AG which was supposed to provide a ten million dollar loan to his institution for the fibre optic project meant for North Bank. However, he said the aforesaid institution, which was introduced to his institution by SIEMENS of Germany, had only fifty thousand dollars as capital. Mr. Ndow said the aforesaid failed to provide his institution with the loan. Going further, Mr. Ndow testified that the management of GAMTEL is trying to find out the location of BEFAG-AG, whilst noting that BEFAG-AG has already cashed the three million dollar collateral provided to GAMTEL by Standard Chartered Bank. He said the three million dollar collateral provided by Standard Chartered Bank was a precondition for the acquisition of the ten million dollar loan form BEFAG-AG. Mr. Ndow said his institution did not inform Interpol of BEFAG-AG’s unscrupulous activity, but the management of GAMTEL is in the process of doing so. He said the management of Gamtel has sought approval from the office of the Secretary General, office of the president to pay Gamtel, whilst noting the Gamtel’s board has given approval for the latter’s management to pay Standard Chartered Bank. Continuing further, the witness testified that his institution did not seek legal advice from the Attorney General’s Chambers in order to pursue legal action against BEFAG-AG. He said the management of Gamtel has sought the service of two legal practitioners in Germany through the Gambia’s Honorary Counsul in Germany Rolf Beck in order to pursue legal action against BEFAG. At this point, Ida Drammeh applied to tender a letter from Rolf Beck (The Gambia’s Honorary Counsul to Germany) to Abdourahman Mboob, the former managing director of Gamtel. The letter, which was dated on 14th of August 2003, was admitted in evidence and marked exhibit 13. The witness was asked to read the letter and he complied. The letter stated that lawyers’ fees are fourteen thousand eight hundred euro. In the letter, Rolf Beck pointed out that he has received ten thousand euro for the payment of the lawyers, and the two lawyers have already been paid four thousand eight hundred euro. In the letter, Rolf Beck pointed out that one of the lawyers, Dr. Telene will continue to pursue legal action against BEFAG-AG. He told the commission that the awarding of the contract to SIEMENS was not based on competitive bidding. “The normal procedure is to go out for a tender and an evaluation is done and the ratios are awarded based on the scores given on the evaluation process, based in a check list submitted for the financial and technical competence. From there we do our rating” Mr. Ndow posited. He said the normal procedure for the awarding of contracts did not apply to the contract given to SIEMENS because it was strictly confined to the latter. “Based on international standards, SIEMENS is one of the leading suppliers of telecommunication equipment in the world and they rank among others like Alcatel. It is based on that they were given the contract,” he remarked. As at the time of giving the contract with SIEMENS and BEFAG, Bakary Njie was the managing director of Gamtel. The witness informed the commission that he attended the meetings of 29th and 30th October 2001 where Gamtel’s contract with SIEMENS and BEFAG-AG was discussed and agreed. He said he attended the meeting on technical matters. At this point, Ida Drammeh countered the witness’s assertion by stating that financial matters were discussed during the first day of the meeting whilst technical matters were discussed on day two of the meeting. Continuing his testimony, the witness said his institution has never before entered into such contracts with SIEMENS, but it has signed several other contracts with Alcatel. The witness said the issue of the ten million dollar contract with BEFAG-AG was discussed in one of the meetings. Ida Drammeh put it to the witness that he never suggested at the meeting for due diligence to be one before the awarding of any contract to BEFAG, Mr. Ndow replied that he was concentrating on technical maters during the meetings. Mr. Ndow said Gamtel did not have a board on the 29th and 30th of October 2001. He said approval for this project was sought by Gamtel management from the department of state for works. At this point, Ida Drammeh gave the approval letter from the ministry of works to Gamtel to the witness for him to read it. The letter signed by one Lamin Saho on behalf of the permanent secretary of the department of state for works have it that Gamtel’s proposed ten million dollar with SIEMENS and BEFAG-AG of Switzerland will undoubtedly revamp rural communication. The letter have it that the fibre optic link will bring villages in North Bank closer and that the department of state for works has fully endorsed the project and the bank guarantee the project to be provided by Standard Chartered Bank. “Even though you knew there was never any tender, yet on the 28th of January 2004, you wrote to the secretary general to say there was a tender” Ida Drammeh. “That might have been a typo error,” the witness remarked. The audience burst into laughter. Ida Drammeh put in it the witness that Standard Chartered UK agreed to pay the collateral on its maturity to the holder or bearer of the guarantee based on the text of the guarantee, the witness replied in the affirmative. She further told the witness that the text of the collateral have it that the agreement to pay the three million dollars is irrevocable, unconditional, without protest or notification, the witness concurred with her. Lawyer Drammeh further put it to the witness that based on those terms Gamtel does not need to be notified for the payment of the guarantee, Mr. Ndow replied that one could just inform Gamtel and SIEMENS since they are the parties that are involved in the negotiation. Mr. Ndow testified that the bond was not made conditional for the fulfilment of any contract by either BEFAGAG or SIEMENS. Lawyer Drammeh further stated that the Lawyers Gamtel hired in Germany to pursue legal action against BEFAGAG could not understand why Gamtel issued an unconditional guarantee to BEFAG, but Ndow said he could not recollect that. Lawyer Drammeh put it to the witness that if Standard Chartered Bank did not pay the collateral, they would be in breach of Gamtel and BEFAG, but the witness replied it would be in the interest of Gamtel to do so. Mr. Ndow said he has seen documents confirming Ida Drammeh’s assertion that the Finance Director, Foday Ceesay, did not deny that the guarantee was issued at the request of Gamtel. Continuing his testimony, the witness averred that it was at the insistence of BEFAG that the guarantee that was issued by Standard Chartered was cancelled and replaced by another one prepared by Standard Chartered Bank UK. According to Mr. Ndow. Gamtel and SIEMENS should have been involved in the execution of the bond. He said SIEMENS subsequently agreed to absorb the three million dollars paid to BEFAG in to the project, but with reservation that that does not make them responsible for the money that has been paid to BEFAG. He said negotiation with BEFAG for the project is ongoing and that Lamin Jabbie, Gamtel’s legal affairs manager is taking part in the negotiations. Mr. Ndow said he was instructed by the local government secretary of state who was overseeing his ministry not to pay Standard Chartered Bank. The commission witness, Abdoulie Sissoho, later applied to the commission to grant an order for Gamtel to suspend all payments to Gamtel in respect of the three million dollars until the government accepts the report of the commission or till further notice. For her part, Ida Drammeh argued that the granting of such an order will affect all commercial banks doing business with government parastatals. In his ruling, Justice Belgore said the issue under investigation is the three million dollars and that the constitution has given the commission the powers to grant such orders. He said parties are granted fair hearing, which is why the commission is allowing counsels to represent. He went on to grant the order. The Paul Commission By Abdoulie Dibba and Abdou Boye Sheikh Tijan Hydara Testifying before the commission, Sheikh Tijan Hydara pointed out that he was appointed on the 17th of November 2003 as Attorney General and Secretary of State for Justice and also responsible for National Assembly Matters. At this point he submitted a document containing his other responsibilities to the commission. He acknowledged receiving an asset declaration form, which he said, was filed and returned to the commission. He was shown a copy of the form for identification, which he did and confirmed that, that is the very one he filled and returned. He indicated that when the form was given to him, he refer to the estimate of revenue and expenditure 2004 to filled in his emolument which include the non- practicing allowance which counsels enjoyed when they are Attorney General. He indicated that apart from his emoluments, he has no other source of income but added that his father sometimes assists me. He said the assistance from his father is not monthly or quarterly but anytime he needs it. In recalling such assistance, Hydara pointed out that when he was newly appointed as Attorney General and Secretary of State for Justice, his father gave him D350, 000. He said, the father gave him this amount and advises him not go to anyone to ask for anything or take anybody’s property. He pointed that shortly after that; the father gave him another D30, 000. Continuing his testimony, Hydara said that the total sum gave to him by his father in 2004 amounted to D30, 000. SoS Hydara indicated that there is a plot of land which is a subject in court which he did not include in the asset declaration form because he is not sure whether the plot will be his or not. He said the subject before the court is a declaration of title. He said he has purchased the plot for D15, 000 and used D80, 000 for fencing. He indicated that all these financial commitments were well before his appointment. He indicated that after his appointment as Attorney General and Secretary of State for Justice, he make no financial commitment in that plot. At this stage SoS Hydara was given a piece of paper to write the name of children, their ages, the school they attend and the financial commitment he make on each of them per term or year. He was then asked whether he have ever applied for land allocation during his tenure of office? In response, SoS Hydara pointed out that he never applied for land allocation but that recently, he verbally talks to a colleague and was allocated one in Kotu West. He said it was on the 25th of February 2004. He indicated that the lease is ready but not with him at that material time. He pointed out that he committed about D600, 000 in this plot. He said he started the construction between March and April 2004. He pointed out that he is constructing a storey building and has reached the deck level of it. He said that he has not received any gift of sand or gravel. “I do not receive any gift from anybody.” SoS Hydara pointed out that he has three freehold properties in Brufut. He indicated that he has completed the fencing of one of them, which was started long before his appointment. He indicated that fencing is going on in the other plot and he has committed D23, 000 including labour. He said he paid D4, 500 for labour and they work on and off depending on the availability of cement. He also said that he dug a well in this particular plot, which cost D2, 500. He indicated that he has not committed any thing between 2003 to date in this plot. Continuing his testimony, SoS Hydara pointed out that he has a plot of land in the Brusubi when he was an acting registrar. He pointed out that he has not undertaken any development in that plot so far. He indicated that neither his wife nor his children were allocated a plot of land. He pointed out that this year; he committed D3, 000 in farming. He said he grew groundnut and maize. He indicated that he do not have his own farmland. He also pointed out that he has not generated income in farming so far. He said he has no investment in sand, gravel or timber. He indicated that he has no property in trust for anybody and that nobody holds any property in trust for him. He said he has no business outlet and that his wife is not managing any business on his behalf and that he is not managing any business for his wife. Continuing his testimony, SoS Hydara indicated that he has no commercial vehicle but that he purchased a private registration number BJL 6461B in 2002. He promised to furnish the commission with the receipt of the first year insurance, and the transfer of ownership within 3 days. SoS Hydara pointed out that his wife has no car and she sometimes used his utility car. In term of furniture, SoS Hydara said that he can recalled that his settee cost him about D35, 000. He pointed out that he has an account with Arab Gambia Islamic Bank (AGIB) and Standard Chartered Bank. He said the account at AGIB was opened before his appointment as Attorney General and Secretary of State for Justice but that the one at Standard Chartered Bank was after his appointment. He said during his period in office, he paid in money in this bank and also made withdrawal. The statement of account from AGIB was submitted and he promised to submit the statement of account from Standard Chartered Bank from the day it was opened to date within 3 days. He indicated that during the period under review, he has not remitted money and has not received any such remittance from abroad. He pointed out that has no foreign account or credit card. He highlighted that he is not a shareholder in any company within or outside. SoS Hydara said he purchased no jewellery for his wife in 2003 but that all the jewellery indicated in the asset declaration form were purchased between 1996 and 2002. He indicated that he couldn’t produce the receipts. He indicated that he is not responsible for the education or maintenance of anybody outside the Gambia. Continuing his testimony, SoS Hydara pointed out that he has an overdraft from AGIB, which should reflect in the statement of account and also a loan of D500, 000 from Standard Chartered Bank in relation to the development of his plot in Kotu West. He said he acquired the loan in 2001, which he is not servicing yet. He said, the overdraft from AGIB has an outstanding balance of D8, 000. He indicated that other than these banks, he does not owe any individual and that nobody owes him. In concluding his testimony, SoS Hydara indicated that he has never issued or received any query and never has he being a subject of any query. He said he has never help anyone to secure government employment and that he has never ever participated in the awarding of contract. He pointed out that he has never received gift from anybody in appreciation of a service he has rendered. He indicated that out of all the foreign trips he has undertaken, he was able to made saving on only one of them and it was the UNDP sponsored trip. Bolong L. Sonko The next person to testify was Bolong L. Sonko. In his testimony, he indicated that before 1994 he was the permanent secretary department of state for external affairs. He said in 1994 around 25th to 26th he was appointed as SoS for External Affairs .he indicated that he left office in March 1995. He pointed out that during his period in office, he has not applied for land allocation. He said during or after his period in office, he is not aware of any application for land allocation made by his wife or children. He however indicated that his wife is allocated a land in Nema Sutu. He said the farm in Sika Village is a family farm, which belongs to his father who passed away 2 years ago. He indicated that he has not committed anything in that farm during or after his tenure in office. He highlighted that he has no investment in the exportation of sand, gravel or timber during the period under review. He indicated that he has no investment entrusted to any in their family or anyone individual. He said during that period he was not holding any property on behalf of anyone. He said during that period he bought no furniture because he finished building his house and furnished it long before 1994. He said he built his house when he was permanent secretary and there was no need to re-furnished it. He pointed out that he got a government loan, which he used to build his house. He indicated that he could not recalled when the loan was taken but that after his appointment as SoS there was an outstanding balance and he wrote to the accountant general department instructing them to use my pension and gratuity to service the loan and it is now completed. He indicated that they do write to him informing him that the loan is completed but that somebody told him recently that he can go and get his pension because the payment of the loan is completed. He indicated that he cannot remember when he started receiving his pension but that he will check his records. He indicated that he went to the accountant general department and the land office for his title deed, which he used as mortgage to get the loan but up to now he could not have it. He said he did not write to them, he only talked to them orally. He pointed out that as of now, he will write formally. He promised to furnish the commission with the mortgage paper within three days. He pointed out that he is not sure whether the deduction for the servicing of the loan will reflect in his account during the period he was SoS. He said when he left office, he engaged in environmental related, consultancy within the Gambia. He pointed out that during the period of his consultancy he was operating the same account. He said other than the consultancy, he has no other source of income. He indicated that he has not received any remittance from abroad and received no money for custody whether within or outside the Gambia. Continuing his testimony, Mr. Sonko said between March to December 1995, he cannot recalled generating any income from consultancy job, he however pointed out that in 1996 one or two amounting to D50, 000. At this stage, he was asked to submit his statement of account from the date it was opened to date, which he promised to do within 10 days. Mr. Sonko indicated that he bought a private car Renault 11 when he was a deputy permanent secretary, which he used with his wife. Mr. Sonko pointed during his period in office as SoS, he has not invested in any company and has no investment in the name of his children. He indicated that he has no life or health insurance policy, or a foreign account. He indicated that during his period in office, he made eight foreign travels and he promised the commission to supply them the records of his trips and per-diem as soon as he get them from PMO. He was however asked by the commission to do so within 10 days and assure him of their help through the secretary of the commission. Mr. Sonko indicated that between 1994 and 1996, he was not responsible for the education or maintenance of anybody outside the Gambia. He pointed out that between 1994 to 1996, there was no loan granted to his wife. He indicated that he has only one landed property given to him by government and another in Sukuta, which he is using as an orchard. He said the landed property in Sukuta is about 10 to 11 hectres. Which he acquired in 1990 and leased in 1992. He indicated that between 1994 to 1995, he committed D5, 000 and 1995 to 1996 D2, 000. He acknowledged that he knew SoS Momodou Sallah who is his neighbour. He said he do not know whether SoS Sallah’s plot is at the Brusubi but that for him, he has his in Sukuta, Kombo North opposite the Brusubi. He indicated that his Sukuta property was not declared because his understanding was that properties acquired during your tenure of office were the only one to be declared. He promised to supply the commission the title deed of the Sukuta property. He acknowledged that he knew Sera Supply and pointed out that Sera is his daughter. He also acknowledged that he knew Famba Company, which was established in 1989, and that he became a shareholder around 2001 through a discussion. He indicated that the discussion was not documented but that re-structuring of the shares was documented. He pointed out that between 1994 to 1996, Famba has not done any work for government or a parastatal. He indicated that Famba as a company was doing consultancy and procurement; he said Sera Supply was established about 2 years and he has not committed any capital in it. He said the goods are received on credit, which anyone can do. He pointed out that his suppliers are outside the Gambia and they are Spanish. He indicated that the first supply was received about 2 years ago. He indicated that he did not met his suppliers in person he knew them through a friend. Mr. Sonko pointed out that he has no house in Sika Village and entire North Bank Division. He said the only house he has is the one in Fajara 'M’ Section and that’s were he is living. Nyimasata Sanneh Bojang Thursday 5th August 2004 was day ten of the Paul Commission of Inquiry into the property; assets and activities top public officers since July 1994 to date. Testifying before the commission, a nominated national assembly member, Nyimansata Sanneh Bojang said she served as cabinet minister of health, social welfare and women’s affairs from November 1996 to July 1997. She was also appointed nominated national assembly member in 2001, the position she has held up till now. She further said that since 1994 she has been active politician. Mrs. Sanneh Bojang admitted receiving a declaration form from the commission, which she filled and returned. She was shown the form for identification, which she acknowledged. Hon. Sanneh Bojang said between 1997 to 2001 she continued to be an active politician. Mrs. Sanneh Bojang denied engaging in any means of generating funds or business after she was relieved except what her children abroad send her for the upkeep of the family, which she said, is still continuing. She added that she forgot to indicate her three-room shop, which she is currently constructing in Kotu East. She said the construction started few months ago (2004). She further said none of her children were going to school by 1996 when she was appointed minister. She revealed the only thing she does for them is sending them hairpieces, traditional dressing and so forth. She denied applying for a plot of land except in 1983. She said all her properties were bought before 1996, noting that she was having only one self-contained building when she was relieved from office. She added that in that particular building she also built four boys quarter’s room. All buildings amount to about D50, 000.00 or little above that and was finished 1996 a month after her appointment. She explained that she build it through her generous friends whom she knew since in the late 80s, Babanding Sissoho. She further explained that she used to visit him from time to time. She said when she was relieved from office, Babanding called her and asked her what she wanted, then she told him that she wanted to erect boys quarters. Babanding then drew her a cheque for D150, 000.00 which she cashed at the Continent Bank. After building the boy’s quarters she used the little balance to fence her family compound, she added. Mrs. Bojang denied helping any of her children to acquire land, adding that they (the children) don’t have any “official land”. She said two (2) of her plots of land were acquired before her appointment. In 2000-2001 she acquired the other three (3) plots land. She said she acquired the one in Kerr Serign from the Alkalo in the late 80s, but the one in Brufut is long time and she cannot remember when it was. She further explained tat she acquired these plots for the benefit of her children. She promised to bring the documents in three (3) working days. She said between 1996-98 she did not develop any of her plots, except the one in Kerr Serign, which she said, her children started developing. She said apart from politics she doesn’t do anything. She admitted buying one jewellery in Jeddah in the late 80s and in 2003 she bought another one when she went to Mecca to perform the Hajj. She denied buying any jewellery during her term in office as Minister. She said after four (4) months of her relief from office she spend about D60,000.00 on furniture in Babanding’s money. She said despite the money she receives from her children, she does help people, because as a politician people will always come to you for assistance. She admitted buying a car from a man called Patrick last year, whom she said she knew for a long time in Nigeria, because she has a sister who is married in Nigeria and she used to visit her. Before she bought the car she had a Peugeot 504 and it was in the First Republic. She said she never gave contract to anybody. She explained that during the transition period, when one is relieved from office as minister one would answer to the Police Fraud Squad, which she had gone through and after two (2) months of investigation she was released. She also said she did not take any loan when she was in office. She said she travelled only two (2) times as a minister and that was to Geneva and South Africa. She further said she was not handling her per diems. After her expenses she can’t remember how much she was left with. She promised to bring documents relating to her per diems within one week. She then tender her letter of appointment dated 6th November 1995 to the commission. She said when she was a minister, apart from her monthly salary, and children’s contributions she did not have any source of income. She further said her salary was paid into her Bank Account and the money she received form abroad through her bank account and businessmen, but sometimes when they see a reliable person coming to the Gambia they give it to the person. By November 1995 she was banking with BICI, Continent Bank and Standard Chartered Bank. When she was appointed minister she opened a current account, but could not remember in which of the three (3) banks it was. She promised to bring her Bank statement within seven working days from the two banks she is banking with. Between November 1995 - December 1998 none of her children opened any account but they have a savings account at the Standard Chartered Bank. She is not a Joint Signatory to her children’s’ accounts. She said during her eight (8) months in officer she could vow that she never engaged in any investment transaction, she concluded. Ousman Badgie The second witness was the Former SoS for Interior and Religious Affairs, Mr. Ousman Badjie. In his testimony before the commission, Mr. Badjie said in July 1994 he was at the Gambia Gendarmerie. He was transferred to the Gambia National Army for one month, then in September 1994, he was recalled to the Gambia Police Force were he was serving till his appointment as SoS on the 27th January 1999. He admitted receiving a declaration form from the commission, which he filled and returned. He was shown the form for identification, which he did. He tender his letter of appointment dated March 26th 2002. On the 9th September 2003 he was reappointed and that letter was also tendered to the commission. Mr. Badjie added that he forgot to indicate three (3) TV sets and one Radio. He said the first TV was bought in 2001, the second one was during the last world cup in 2002 at around D3,000.00 and the third one was in 2003 at D3,000.00. When he was asked to bring the receipts of the said items, he replied that he could not produce them because he does not keep receipts for more than two (2) months and he was in a government quarters. When he was relieved from office he moved to his own house and most of his papers got lost. Mr. Badjie described the Radio as a satellite one and bought it in Senegal. Mr. Badjie said his stepbrother’s son is attending West African International School whilst his 10-year-old daughter has been staying with his brother in the USA since 1995. His wife has working at the UNDP for the past ten years. She is the Assistant Programme Officer. He denied having any other source of income when he was SoS. Mr. Badjie said he used to receive gifts in kind from his brothers who are our side the Gambia. Mr. Badjie also said he was not paying his step sons’ school fees, because he married his mother last June, and his daughter is fully taking care. Since July 1994, he never applies for a plot of land, but was officially allocated one plot of land in Kotu East on the 3rd of March 1992. He then tender the land documents to the commission. He said the property is developed and that is where he is living now. He started fencing it in 1994 and in 1995 he started the foundation and the first floor was completed in 2003. The building has three (3) bedrooms. Mr. Badjie said he couldn’t tell how much he spent on the building, because he was not keeping daily records of the activities. But he could recall that he used his savings/salary at the International Bank for Commerce (IBC). He said apart from his building he did not enter any building contract for anybody. He revealed that his wife bought a house from Social Security & Housing Finance Corporation (SSHFC), Brusubi and has another one from her father in Brufut, but she doesn’t have any official allocation. Mr. Badjie said he doesn’t have any idea about how much she bought the SSHFC property. He promised to bring the documents of the two properties at the next sitting. He said his wife did not develop any thing in the SSHFC land, but has fenced the property in Brufut and a watchman is residing there. Mr. Badjie further said he did not have any farm, but last year he got one in Soume and Somita when they adopted him as their father and he cultivated coos on them. He denied selling it when it was harvested, but consumed it with his family. He said he doesn’t exploit sand, gavel and timbre and nobody’s doing it for him. He also said he don’t have any business. The furniture was acquired in 2002 and amounted to D5,000.00, he posited. Mr. Badjie said he once gave his wife a wrist watch during his last official trip around July 2003 to the USA (New York), costing $100. Mr. Badjie said he and his wife bought one air conditioner each for his sitting room in 2003. The two air conditioners cost D17,500 and D10,000.00 respectively. Mr. Badjie said before his appointment he had no car, during his term in office as SoS he was using his official cars and now he is having 316 BMW Private car. He bought it in Banjul in December 2003. He promised to bring the receipt by Monday. He added that his wife is having a diesel Mercedes Benz 200. She bought it well before they got married, noting that he didn’t buy any car for her. Mr. Badjie further promised the commission to bring his purchase duty, insurance and his wife’s transfer of property on Monday. He and his wife are not shareholder outside the Gambia. He denied being a Director of any of the banks or institutions. He said he once took a loan in May 2003 and since his relief from office his brothers are helping him to pay the loan. He explained that one of his friends lecturing at the Gambia University granted him the loan. Mr. Badjie said when he was SoS he travelled several times. He said he will try to get records of his per diems and allowances from the Department of the Interior and if he couldn’t have it, he would write to the commission about it. Mr. Badjie said he does not owe anybody and nobody owes him. His wife is engaged in tie and dye business and she is keeping records of her sales. He promised to bring the documents relating to this by today, Monday. She is having her own personal account at the Standard Chartered Bank (SCB) were her salary goes and his salary goes to his IBC account. He said during his term in office as SoS his current account, which he opened in 1990 was active, but now it is dormant. He defended his wife by saying apart from her salary she doesn’t have any source of income. Mr. Badjie said he could recall around 2002 and 2003 approving a short fall of receipts in the Immigration Department and when it was discovered by the Auditors’ report, the officers responsible were asked to pay the money, but he doesn’t know whether they have finished paying it or not. He said he didn’t award contracts to anybody, because it was not under his portfolio as SoS. He finally said he didn’t receive any gift from anybody in rendering services during his term of office. The sitting of the Commission continues, Monday 9th August, 2004. Dumo Saho And Co. Granted Bail By Surahata Danso According to police sources Dumo Saho, Ebrima Yarbo and Ebrima Barrow were granted bail with a single surety and a landed property in the Greater Banjul on Monday 2nd of August 2004. The sources further indicated that the three were re-arrested following the declaration of the intent by the state that they would appeal. It could be recalled that Dumo Saho with the two Ebrimas were arrested nearly four years ago with three other military officers on an alleged coup plot. The six were detained in Mile Two Prisons pending their appearance in court in 2003, following which the three military officers were released well before the final judgment on the case on Friday 30th July 2003, when Dumo Saho, Ebrima Barrow and Ebrima Yarbo were released by the trial judge, Justice Ahmed Belgore ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~