FYI >From: "Amie Sillah" <[log in to unmask]> >To: [log in to unmask] >Subject: Foroyaa Newpaper Burning Issue >Date: Fri, 11 Aug 2006 13:26:57 +0000 > > > >Foroyaa Newspaper Burning Issue > >Issue No.64/2006, 11-13 August, 2006 > > > >Editorial > >ANOTHER EVIDENCE OF IEC’S DISREGARD OF THE CONSTITUTION IN DETERMINING THE >DATE FOR PRESIDENTIAL ELECTION > >Section 43(1)(d) states that subject to the provisions of the constitution >the Independent Electoral Commission shall be responsible for ensuring that >the dates, times and places of public elections and referenda are >determined in accordance with law and that they are publicized and >elections held accordingly. > >This means that a competent Independent Electoral Commission should know >the letter and spirit of the Constitution and should perform their duties >in line with its provisions. FOROYAA has always maintained that September >22 falls short of the constitutional requirements to hold a presidential >election. > >The most glaring confirmation of FOROYAA’s view is the Bill published to >amend the Constitution which was also amended in 2001. Section 63(2) states >that “The person elected President shall assume office sixty days following >the day of his or her election…” Needless to say, since the term of office >of a President lasts for five years President Jammeh’s term ends on >18th December 2006. If the president elected on 22nd September is to assume >office under the Constitution he/she would have to do so on 22nd November >2006, a month before the end of term of office of the President. > >This is why the state is trying to amend section 63(2). In the object of >the amendment the Executive states that the Bill seeks to amend section >63(2) of the Constitution of the Republic of The Gambia, which duly >restricts the date for a presidential election by providing that an elected >president shall assume office sixty days following the day of his or her >election.” The implication of that provision is that the election must be >fixed on a particular day that satisfies both the sixty days requirement >and the expiration of the term of office of the President.” These are the >very words of the Executive. It is clear to them that to meet the >constitutional requirement the election must take place two months before >the expiration of the term of office of the President. Why did the IEC put >the date to 22 September 2006? > >We hope the IEC will now review all the decisions they have taken, engage >the Inter-Party Committee in discussion and seek proper legal advice in >determining new dates for elections. > >In our view to leave an incumbent to stay in office for three months after >he/she has lost an election does not make democratic sense. What is logical >is to hold elections two days before the expiration of the term of office >of the incumbent so that whoever wins an election will assume office the >following day after the announcement of the results. The constitutional >amendments should have been geared towards such a development. > > > > > >NADD AND UDP/NRP VIEWS ON UNITY > >NADD Executive Secretary > >Dear Colleague, > >Your letter ref. NADD/FA/02/02/06 of 6th August 2006 refers. > >The joint Executive Committee of the UDP/NRP respects NADD’s decision to >reject the proposals emanating from it. > >The UDP/NRP Alliance wishes to draw NADD’s attention to the fact that >legally UDP/NRP cannot be part or members of NADD. The NADD Executive seems >to be ignoring the decision of the Supreme Court in the case of Sallah and >others Vs. The Clerk of the National Assembly and others. The suggestion >that UDP/NRP Alliance is to state categorically whether it is willing to >join NADD is a suggestion that fails to recognize the legal position that >parties cannot form or be members of political parties. Although Mr. Hamat >Bah and Mr. Ousainu Darboe and indeed any other Gambian is free and entitle >to join NADD the political party under whose umbrella you propose to >sponsor candidates for any election the reality of > >the matter is that neither Mr. Bah nor Mr. Darboe is willing to resign >their membership of their parties to rejoin NADD. > >The leadership of the UDP/NRP Alliance is very conversant with the laws of >The Gambia and in particular laws regulating and governing election >matters. Probably if the views of some people who are part of the UDP/NRP >Alliance were heeded the legal and constitutional mess created by the >registration of NADD would have been averted. The UDP/NRP Alliance is not >seeking and has never sought power for its sake. It is an Alliance that is >genuinely committed to the amelioration of the worsening conditions in all >aspects in The Gambia. > >Finally I regard your rejection, without any discussion, of our proposal as >a rejection of our invitation to meet and discuss and this we accept in >good faith. > >Yours in the service of the truth. > >A.N.M. OUSAINU DARBOE > > (For UDP/NR.P Alliance) > > > >NADD’S RESPONSE > >Dear Mr. Darboe, > >ON THE CONTENTIOUS ISSUES RAISED IN YOUR LETTER > >Your memorandum of 7th July has been received. > >The Executive Committee of NADD respects your decision not to be part of >the NADD compact. Of course NADD cannot be part of the expanded UDP/NRP >Alliance since the two parties were part and parcel of NADD’s political >arrangement. > >However, the Executive Committee of NADD was very much disappointed that >you proceeded to indicate in no uncertain terms that the Supreme Court case >Sallah vs the Clerk of the National Assembly and others has barred the >UDP/NRP alliance from stating categorically its terms and conditions for >re-engaging NADD. The Executive Committee will convey its rejection of your >political interpretation of the Supreme Court decision and its immense >revulsion for your description of the greatest demonstration of political >will by the opposition by registering NADD as an umbrella party, as a legal >and constitutional mess. I decided to seek authorization from the Executive >Committee to address such issues >with greater clarity since you claim that the registration of NADD was >against your advice. > >Mr. Darboe, even though I, Halifa Sallah, was not around when the NADD >Executive Committee sent papers to IEC for registration of NADD, even >though as Minority Leader in the National Assembly and member of the >Pan-African parliament I had more to lose in terms of post than any member >of NADD when our seats were declared vacant, even though there had not been >the slightest indication that I will be made flag-bearer before the court >decision, I did not hesitate to tell the whole world that the registration >of NADD was a blessing in disguise. The reason for this is simple. > >It is incontrovertible that once the MOU was signed by the representatives >of all the political parties to establish NADD its registration became >mandatory in order to give relevance to its letter and spirit. Let me refer >you to the MOU to buttress my point. > >Article 16 of the MOU states that “The Alliance shall have an emblem, >colour, motto and symbol to be determined within one month of the coming >into force of the agreement with the full participation of its supporters >and sympathizers.” > >Suffice it to say that Article 8 also adds that “The selection of the >candidate of the Alliance for presidential, National Assembly and council >elections shall be done by consensus, provided that in the event of an >impasse selection shall be done by holding a primary election restricted to >party delegates on the basis of equal number of delegates, comprising the >chairwoman and youth leader of each party from each village/ward in the >constituency.” > >Mr. Darboe, you have mastered the chapter and verse of your profession. I >do not need to quote section 60 of the Constitution to prove that the >registration of NADD was connected with, dependent on and determined by the >letter and spirit of the Memorandum of Understanding that all parties >signed in public knowing fully well what its contents were. NADD had to be >registered in order for us to contest under its ticket. This is the >requirement of the Constitution and the Elections Decree. Hence the attempt >to register NADD was not a constitutional or legal blunder; on the >contrary, it was a constitutional and legal necessity. > >Hence anyone who sees the registration of NADD as a legal and >constitutional mess must equally consider his/her signing of the memorandum >of understanding as a historical blunder or folly. If signing the MOU is >considered a blunder where lies the integrity of its signatories. > >In short, before we agreed on the content of the MOU we set up a technical >committee comprising the experts of all the political parties. Your party >was represented by people of high intellectual calibre. Within the >technical committee were former permanent secretaries and people with PhD. >As far as I am concerned, the signing of the Memorandum of Understanding >and the registration of NADD were the highest demonstration of political >will by the opposition to bring about democratic change in the Gambia. We >proved that we were determined to unite for change regardless of the peril >or the cost. I must admit that the UDP representatives earned my trust for >the diligent >way they participated in the work of the technical committee. We should not >rewrite history because of the momentary convenience and rob such >honourable intellectuals of due credit. The determination mustered by all >to consolidate NADD was manifested after the court decision. > >After our seats were declared vacant, we again had opportunity to dismantle >NADD and return to contest the by-elections under our respective parties. >We were given ample time to make our decisions. We concluded that our >different parties will remain allies while we allow the Executive Members >to remain in NADD so that it could serve as an umbrella party. This is why >all Executive Members of the various parties symbolically resigned from >their parties to remain Executive Committee Members of NADD. This again was >the second most important demonstration of political will, by the >opposition to ensure unity. It earned us the respect and admiration of the >electorate for not being self seekers. > >The sacrifice paid dividend. We did not only win our seats back, the APRC >regime became so threatened that it had to arrest members of the NADD >leadership which gave rise to its total national and international >isolation. The coming of President Obasanjo, the signing of the memorandum >of understanding and the massive solidarity NADD received nationally and >internationally confirmed that it was the best instrument to utilize to >contest the 2006 presidential election. > >Mr. Darboe, the fact that Mr. Bah left NADD at a time when he was pursuing >an election petition as a NADD candidate confirms where the political and >strategic blunder originated from. > >We first stood by NADD with an iron will. It became an invincible rock >which was split by your withdrawal. This is why NADD has done everything to >open its doors for re-engagement. It is therefore immensely amazing that >you would conclude that you regard our rejection of your proposal as a >rejection of all invitation to discuss. I will leave the NADD Executive to >clarify its point. > >As far as I am concerned, I have engaged you in a very honest and sincere >discussion because of my conviction that an alliance is the best mechanism >to contest the 2006 elections. An alliance on NADD’s terms provides >conditions that we have all signed to honour. An alliance on UDP/NRP terms >is yet to be defined in form and content. This is the point. NADD gave you >the option of making proposal on how one of your parties should declare its >desire to lead an opposition alliance and then offer its terms to other >opposition parties for consideration rather than hide behind the cloak of >an expanded UDP/NRP alliance which can never be known to the law. > >To show you that as a flagbearer of NADD I have always been opened to >principled compromise, I would like to give an example of how to make our >discussion relevant, realistic, and indispensable. In a word, would you >agree to a proposal for NADD and the UDP/NRP Alliance to draw a list of >possible candidates and then select a group of prominent Gambians to select >one among their number to be a compromise candidate for the presidential >elections. This candidate can be restricted to a term of 2 or 3 years to >implement a rectification programme and prepare the country for free and >fair elections. > >Secondly, it gave you the option of revisiting the MOU establishing NADD. > >Thirdly, it gave you the option of giving form and content to the UDP/NRP >alliance to enable us to determine how it could be engaged without being an >expanded part of it. > >How you can interpret these positions as closing the doors for discussion >beats my imagination. > >Secondly, since the flag-bearer of your alliance wants no restriction to >his term in office to a five year term, would you accept an arrangement >where the NADD flag-bearer becomes the presidential candidate and sit for >three or five years while a system embodying a prime minister is introduced >to enable the flag-bearer of the UDP/NRP alliance to head a coalition >government. The president will be barred from seeking a second term while >the prime minister is allowed to seek the normal term of the presidency. >These are the type of concrete proposals we expect from you as we race >against time. > >I would want your opinion on these proposals before Saturday 12th August >2006. In the meantime, we are going ahead with our preparations to put up a >candidate. If you end up being found to have taken an irreversible decision >to contest the election on your own terms, we will leave history to deliver >its verdict. > >If I fail to receive a positive response or a concrete proposal by Saturday >I will issue a statement to call on the Gambian people to give full support >to my candidature as the NADD flag-bearer. > >To conclude allow me to say that history has record of the fact that we >signed a Memorandum based on commitment. We registered NADD based on >conviction. We lost our seats but still decided to stand under a NADD >ticket based on conviction. NADD still exists because of that conviction to >unite and bring about the minimum standard of democracy necessary to enable >the people to take charge of their destiny and free themselves from >impunity and self perpetuating rule in order to live in liberty and >prosperity. > >I hope we have reached a common understanding of what actually happened. If >you disagree with my view I will be honoured if we meet at Father Farrell >Hall to put our different positions to an audience in the interest of >transparency and accountability, as we prepare the ground to challenge the >APRC regime. We should clear the ground once and for all and restore the >climate of respect that has always characterized our relationship. > >Yours in the service of the Nation. > >Halifa Sallah > > > >NDONDI NJIE RE-ARRESTED > >By Yaya Dampha > >Reports reaching Foroyaa indicated that the Former Chairman of the IEC, >Mr.Ndondi Njie who was arrested alongside two commission members in the >Persons of Sulayman Sait Mboob and Ebrima Sanneh, was rearrested by State >Security Agents on Monday night after they were released from the Serious >Crimes Unit. According to sources, the former Chairman, was taken to the >National Intelligence Agency head office in Banjul, where he was initially >detained before they were transferred to the Serious Crimes. > >The family members of Mr. Njie confirmed that the latter was up to >Wednesday night, detained at the NIA office. On whether he was charged or >not, his family members said they did not know whether he is charged or >not. > >Efforts to speak to the Director of NIA on why Mr. Njie was arrested and >detained proved futile. > > > >JOURNALIST MISSING FOR 37 DAYS > >Babucarr K. Sowe > >The disappearance of Chief Ebrima Manneh, a reporter with the Daily >Observer newspaper, has entered its 37th day, today Friday. > >Manneh, who was reported missing by his family on the 6th of July, 2006, is >yet to be found. His Father Sarjo Manneh, has confirmed that up to the >time he was talking to this reporter, he has been unable to establish where >his son is. > >The Father added that he was told at the Daily Observer offices to wait for >three days, upon which he will be informed on their efforts regarding the >search for his son. > >Due to an illness the Father is suffering from, he said, he could not >return to the Daily Observer. > >However, the President of The Gambia Press Union, (GPU), Mr. Madi Ceesay, >has informed Foroyaa that a delegation from the GPU went to the National >Intelligence Agency (NIA) to find out, whether Mr. Manneh was detained >there or not. He however said that they were told that Mr. Manneh was not >with them. > > > > > >BRIKAMA MARKET VENDORS WARNED > >By Modou Jonga > >Vendors at the Brikama Market have been threatened with arrest. The >cleansing service supervisor at the Brikama Area Council Lamin Luwang >Konteh has indicated that any vendor found urinating around the closed >toilet at the market would be arrested and handed over to the Police. Mr. >Konteh refused the request of permission from a group of vendors who said >that no alternative place has been opened for them to ease themselves since >the closure of the main toilet. They complained that they were asked not >to urinate in the area without any reason given to them. Mr. Konteh has >sternly warned vendors to desist from urinating at the said spot >immediately or risk being arrested and handed over to the Brikama >Police. According to Mr. Konteh, the continuous urinating at the area is >unhygienic and if allowed, it would affect the sanitary conditions of the >stores close to the spot and the vendors selling nearby. > >“Any vendor found urinating at this place will be arrested and taken to the >Police station without fear or favour,” he emphasized. > >When asked by this reporter what would happen to the vendors, Mr. Konteh >answered, “That will be left to the discretion of the Police.” > >Many of the market vendors who spoke to this reporter said they are finding >it difficult to cope since the Brikama Area Council took this decision. >They have however appealed to the cleansing service supervisor of BAC to >help them by repairing the toilet. > > > > > >KASSA JATTA AND OTHERS ARRAIGNED IN COURT > >By Lamin Fatty > >The case of Dudu Kassa Jaata the first accused, Omar Jatta, Lamin Jawara, >Isatou Jawara, Lamin Jassey, Mariama Fatty, Mamburama Jatta and Chernor >Ndow Jarju, was brought before the Kanifing Magistrate Court on the >7th August, 2006. Mr.Camara defense counsel for the accuse persons, made an >application to have access to his clients and for them to be granted bail. >The group has been under detention at various Police Stations, since last >week Tuesday. According to Mr. Camara, section 99 of the criminal code >should be applied for bail to be granted to the accused persons. According >to Mr. Camara all the accused persons before the court had been detained >beyond >the 72 hour mandatory period allowed under the constitution. He also said >that accused no.1 Dudu Kasson Jaata, No.2 Omar Jaata, No.5 Isatou Jawara >and No.4 Lamin Jawara, were all arrested on Tuesday, and where detained at >various Police Stations in the greater Banjul area without access to their >families, friends and legal counsel. He said the accused in the persons of >Mariama Fatty, Lamin Jassey, Cherno Ndow Jarju and Mamburama Attar are all >minors under the age of the 18 years and that these people voluntarily >surrendered to the Police in Bakau, since the 3rd of August, 2006. Lawyer >Camara indicated that police Investigations on this matter has also been >concluded which is why the accused persons have been >charged and brought before the law. Lawyer Camara finally told the >Honorable court to grant bail to the accused persons. In objection to the >application made by the defense counsel, Prosecutor Bojang made references >on points of law, but failed to adequately convince the court. He sited >section 19, sub section (3) (b) of the 1997 constitution of the Gambia, >which stated that the police have the right to detain anybody for a period >of 72 hours; that the police are doing their investigations, which is yet >to be completed; that this is why the accused persons should not be >released on bail. Mr. Bojang however acknowledged that the court has the >final mandate to any submission made by either the defense or the >prosecution. The court however ruled against his objection to bail and the >accused persons were granted bail. The magistrate therefore granted the >accused persons bail with an amount >of D1500.00 each and sureties. They were also warned not to engage in any >threat of violence but to keep the peace within the period; that other wise >they will have their bails forfeited. > > > >800MM OF RAINFALL EXPECTED > >By Isatou Bittaye > >The senior meteorologist, Mr. Lamin Mai Touray has said that at least 800mm >of rain is expected in this year’s rainy season. > >Mr. Touray made this statement in an interview with Foroyaa recently. He >said the highest amount of rainfall recorded as at the end of July is >390.5mm, and it was recorded in Kerewan, in the Northern part of the >country. He said the lowest amount is recorded in Serrekunda. > >He indicated that the highest rainfall recorded per day is 85.4mm and it is >recorded in Kuntuar and the lowest is trace. He said the average rainfall >recorded is 233mm. he added that the highest rainfall normally occurs in >August and the lowest occurs in June and October. Mr. Touray said that the >rainfall pattern is due to the tropic of cancer and Capricorn. He said if >one is active, the other is dominant, and the rainfall is high when both >are active, nothing that this year’s rainfall per day is lower compared to >last year’s which recorded over 100mm and the floods which occurred this >year are caused by the structural plans, such as the road construction. > > > > > >THE APPALLING STATE OF THE MANJAI DUMPSITE > >Residents Voice Out Their Frustration > >By Musa Barrow > >Despite assurance by Councillor Momodou Sidibeh of Manjai Kunda Ward that >the Manjai dumpsite would be fenced inorder to put it beyond the reach of >children, about twelve months after his pledge, the status quo remains >almost the same as it was last year. > >Neither has a fence been erected nor has the dumping at the site ceased. >Apart from the heaps of rubbish which are visible from a distance, Manjai >dumpsite is also littered with sharp metals and broken bottles which pose a >lethal threat to children who roam the site. > >when our reporter recently visited the dumpsite, he saw children as well as >women scavenging on what they term as valuables. Surprisingly, one of the >scavengers, a woman who looks to be in her late thirties, told our reporter >that the dumpsite serves as a source of income for her. She said the metals >she picks up from the dumpsite are sold inorder to earn her some money. >Speaking to our reporter, one Ibrahim Fatty a resident of Manjai Kunda who >lives just a few metres from the dumpsite described it as an awful and a >deplorable sight. He said living near the dumpsite is utterly unbearable, >as they live at the mercy of mosquitoes and all types of insect. According >to him, these insects, apart from the inconvenience of their bites, pose >grave threats >to their personal hygiene. Two ladies, one Amie Camara and Isatou Touray, >who also reside just next to the dumpsite, also expressed the agony they >and their children go through. They said children are often struck by >flying-ants which leave enormous pain on them. The two ladies further >indicated that, although promises were made to rehabilitates the site, >according to them very little has been done so far. > >Foday Ceesay, a youth who also resides not far from the site, also >expressed dissatisfaction over what he called the frequent outbreak of fire >at the site, which in turn triggers a cloud of smoke over the area. He >pointed out that breathing the smoke from the dump is a health hazard to >the residents. He noted that its impact on children could be too >devastating and early. Perhaps if you are contemplating to visit Manjai >dumpsite, one thing you are assured of is a rousing welcome from a special >breed of fat tsetse flies that live in the heartland of the odour. > > > >EFFECT OF FLOODS AND THUNDERSTORMS > >By Isatou Bitaye > >Lamin Touray, a Senior Meteorologist at the Meteorological Unit, has urged >people to desist from using their electrical appliances and telephones if >their houses are flooded with water. > >Mr. Touray indicated that contaminated flood water has serious health >implications. He said medical attention should be sought if health >problems are noticed in a flooded area. > >“Floods occur when water overflows its normal channels, such as streams and >water drains. They may also occur when there is accumulation of water in >areas which are not normally submerged. Flash floods are usually >associated with severe thunderstorms”, said the Senior Meteorologist Mr. >Lamin Touray added that buildings should not be constructed in flood areas >or a water course. He said the following precautions should be taken when >floods are likely to occur. > >·Move valuable food and other possessions upstairs where possible. > >·Turn off electricity if flood is about to happen. > >·Ensure that gloves are worn when handling affected items. > >·Thoroughly disinfect and dry affected household items. > >·Protect stock and equipment on commercial or industrial premises. > >·Keep animals in a safe place on higher ground (in rural areas). > >He said after floods have occurred, doors and windows should be opened. He >said equipment should be dried out and children should not be allowed to >play in flood water areas. > >He said lightning occurs with thunderstorm and are cause by the build- up >and discharge of electrical energy between positively and negatively >charged areas in the atmosphere and clouds, noting that the ground strikes >are dangerous in lightning. > >He advised that, people should stay in doors and stay away from windows and >electrical appliances during thunderstorm. He added that if one is found >in the open during thunderstorm, one should seek shelter in a building, >noting hill tops and lone trees should be avoided during thunderstorms. > >Mr. Touray indicated that thunderstorms are easily identified by thunder >and lightning and usually last for 30 minutes, but severe storms may last >longer. He said there are four dangerous types of weather that can be >generated by thunderstorms. He said these are lightning, wind gusts >(squalls), hail and tornadoes. He said tree branches should be trimmed and >roof gutters should be cleansed and check. >Express yourself instantly with MSN Messenger! MSN Messenger Download today >it's FREE! > ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤