This interview is dignified, worthy, relevant and honourable and above all it exposes distortions and emphasise on clarity. This shows what dignified politicians do. They will do every thing in the interest of their country for liberty dignity and prosperity. Halifa Sallah have shown the qualities that make me very envious of him. I wish I could do more than him. This is a dignified man even if you do not like him you will never be able to tarnish his character unless you tell a deliberate lie. Thank you uncle Halifa Sallah. Please keep it up  and please do not change like we have seen others.  The good books of history are already on your side. Halifa Sallah is a man full of honour!!!!!!!!!!!!!!!!!!!



Muhammad Bai Drammeh

--- On Fri, 19/11/10, Modou Nyang <[log in to unmask]> wrote:


From: Modou Nyang <[log in to unmask]>
Subject: [>-<] Foroyaa News: continuation of of Interview with Halifa Sallah ....
To: [log in to unmask], [log in to unmask]
Date: Friday, 19 November, 2010, 7:24







INTERVIEW WITH HALIFA SALLAH Could President Jammeh Be Crowned King? Part TWO

Foroyaa: It is a fact that even educated people are making such claims. This is why some people are so scared that they come to make enquiries?


Halifa: It is unfortunate that we have too many people spreading confusion and too few working to enlighten the people. All those who are spreading the myth that the National Assembly or the President could proclaim Gambia a monarchy are helping those who are campaigning for a monarchy. They are helping to put the people to sleep. Those people are in fact more destructive than those who openly campaign for a monarchy. They are trying to make the people to believe that the impossible may in fact be possible. This is the same problem we had during the coup period. We were trying to convince the people that to endorse the 1997 Constitution with all its shortcomings was the best way to restore the Republic and put an end to military rule and save the country from heading to what is now being promoted, that is, a no party monarchical state. Most of these people did not take time to study and understand the 1997 constitution. This is why they would harbour
 such mistaken notion. Let me make it abundantly clear that neither the President nor the National Assembly could transform the Gambia from a Republic into a monarchy behind the back of the people. I repeat, “This is impossible.” I am sure neither the executive nor the National Assembly will ever make such an attempt because they know the implications. I also know the implication of such travesty of the Constitution and I could be counted to be among the political leaders who would be at the fore front to stop it from materializing and law, reason, history and the people would be on my side. I have a sound basis for uttering that neither the executive nor the National Assembly could or would declare Gambia a monarchy at the back of the people. Needless to say, a referendum is not likely to succeed.


Continuation from last issue


Let me explain why it is impossible for the President or the National Assembly to establish a monarchy at the back of the people and then proceed to show why a referendum is likely to fail. This will confirm that those who are propagating the crowning of the President as King are engaged in a futile exercise.


Foroyaa: The readers are waiting for such explanation.


Halifa: First and foremost, the 1997 Constitution is a Republican Constitution. In a monarchy the people do not elect the King. Sovereignty resides in the King or Queen. Power belongs to the King or Queen. The people become subjects who owe allegiance and obedience to the monarch and have no authority to determine who is to be their King or Queen. Even if the King or Queen dies there are heirs and successors based on family ties to fill the post of King. This is what a monarchy entails.


In a Republic, Sovereignty resides in the people. Power belongs to the people. Leaders become public servants who are elected and could be removed by the people. The people become rulers through their constitution and the leaders become subjects who carry out their mandate under the rule of the supreme law approved by the people. The leaders owe allegiance and obedience to the will of the people and would assume or leave office on the basis of the common will or verdict of the people.


In a Republic, when a President dies a Vice President takes over and when there is no President or Vice President, the Speaker of Parliament or some other authority other than his or her family members takes over until the people go to the polls to elect another leader. A monarchy is therefore the direct opposite of a Republic. They cannot co-exist. The existence of one must negate the existence of the other. I hope this point is clear.


Foroyaa: So it seems. What then is the point?


Halifa: The point is that, The Gambia is a Sovereign Republic and no one can make it a Monarchy behind the back of the people without overthrowing the Constitution. Chapter One, the opening chapter of the Constitution, establishes the Republic. It states categorically, under section (1) subsection (1) that The Gambia is a Sovereign Secular Republic.


Subsection two of section one adds that The Sovereignty of the Gambia resides in the people of the Gambia from whom all organs of the Government derive their authority and in whose name and for whose welfare and prosperity the powers of Government are to be exercised in accordance with the Constitution. Section 226 subsection 7 of the Constitution makes it an entrenched provision which cannot be altered without a referendum.
Hence it is impossible for the President or the National Assembly to establish a monarchy behind of the people in a constitutional manner.


Foroyaa: What about the scenario where they decide to disregard the Constitution?


Halifa: That is also impossible because genuine sovereign Gambians who treasure their sovereignty would not allow the executive or the National Assembly to do so and they would have the backing of law, reason, justice and history, in their opposition to the establishment of a monarchy. I would certainly be at the forefront of those who would resist the unconstitutional act of establishing a monarchy at the back of the people. That would amount to overthrowing the constitution. In fact, the Constitution has already prepared Gambians on how to safeguard the Republic from being overthrown.


It states under section 6 that any person who
“(a) by himself or herself or in concert with others by any violent or unlawful means suspends or overthrows or abrogates this constitution or any part of it or attempts to do any such act , or
“(b) aids and abets in any manner any person referred to in paragraph (a)
“Commits the offence of treason…..”
Do you see why I say that it is impossible for the President or the National Assembly members to abrogate the Republic and establish a Monarchy behind the back of the people?


Foroyaa: But who will charge a president or members of the National Assembly of Treason?


Halifa: The point at issue is not about charges. The issue is that the sovereign people have the authority to resist any abrogation of the Republic to institute a monarchy by unconstitutional means. Section 6 subsection (2) categorically states that, “All citizens of the Gambia have the right and the duty at all times to defend this constitution and in particular to resist to the extent reasonably justifiable in the circumstances, any person or group of persons seeking or attempting by any violent or unlawful means to suspend, overthrow or abrogate this constitution or any part of it.”


Subsection (3) adds that, “A person who resists the suspension, overthrow or abrogation of this constitution as provided in subsection (2), commits no offence.”
In my view no government in its right senses would turn itself into an outlaw and give its opponents the power to be the defenders of the law in such a fundamental manner. This is why I consider it impossible for the President or the National Assembly to establish a monarchy behind the back of the people. I personally want to give you the irrevocable assurance that I would not be alive to see the day when a sovereign Gambian like my very self is crowned King of the Gambia . I would not be in exile or in prison. I would be six feet deep in the ground waiting for the future generation of truly sovereign Gambians to give me a fitting burial when they restore the Republic. The whole political crises in Africa which fuel tyranny, civil unrest among ethno linguistic groups such as in Guinea, and clans such as in Somalia is the failure to build truly sovereign Nations with individual sovereign citizens who put themselves above clan and ethno linguistic
 solidarity in pursuit of National Political objectives. Once each African becomes sovereign, democracy would become a tool to exercise individual sovereign power to select public trustees who would be most determined to serve the people selflessly in order to enhance liberty and prosperity for all. The problem of Africa is not associated with elections and Democracy. The problem is the failure to build sovereign democratic institutions to nurture the sovereign citizen who will not accept to be a subject to his or her fellow citizen but would collaborate with them as equals to contribute to and take his or her share from the common good. Only a Republic could provide the most fertile ground for such a peaceful and prosperous co-existence of citizens from diverse backgrounds.


Foroyaa: You have indicated that a referendum would be required to amend the section dealing with the establishment of a sovereign Republic and a sovereign people whose consent would determine who governs. Are you saying that a Monarchy could be established by way of a referendum?


Halifa: I am sure that the drafters of the Constitution never ever thought that the issue of abrogating the Republic to establish a Monarchy would be an issue. In fact what they thought would be an issue is the attempt to establish a one party state. This is why section 100 even made it impossible to establish a one party state through a referendum. This is why Subsection (2) of Section 100 states among other things that The National Assembly shall not pass a bill
(a) to establish a one party state;
(b) to establish any religion as a state religion;”
 
The law did not actually state that a bill establishing a monarchy cannot be passed by the national Assembly but the passing of any bill to establish a monarchy would be unconstitutional by virtue of section 4 of the constitution which states that;
“The Constitution is the supreme law of the Gambia and any other law found to be inconsistent with any provision of this constitution shall, to the extent of the inconsistency, be void.”


Hence before a bill introducing a Monarchy could be presented to the National Assembly many entrenched provisions of the Constitution would have to be amended.
I have referred to section one. The same goes for section 26 which states that, “Every citizen of the Gambia of full age and capacity shall have the right, without unreasonable restrictions …. to vote and stand for elections for public office which elections shall be by universal and equal suffrage and be held by secret ballot…”


Section 39 subsection (1) is also an entrenched clause. It states that, “every citizen of the Gambia being eighteen years or older and of sound mind shall have the right to vote for the purpose of elections of a President and members of the National Assembly and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.”
Section 63 subsection (1) is also an entrenched clause. It states that, “The term of office of an elected president shall, subject to subsection (3) and (6), be for a term of five years…”
It is therefore clear that many provisions of the constitution would have to be amended to eradicate the post of an elected president and the right of the people to elect their executive and replace it with the post of a non elected monarch.


In my view the process is so cumbersome and time consuming and the propaganda effect so devastating that no party which is interested in contesting in the presidential election in 2011 would engage in the exercise.


Foroyaa: What do you mean?


Halifa: It is obvious to those who know the provisions of the Constitution that according to section 226 subsection (4), an entrenched clause could take almost a year to change.
First and foremost, a Bill to change an entrenched clause cannot be passed by the National Assembly or presented to the President for his or her assent unless the bill is published twice in the Gazette for Public notice. The second publication must be published on a date that is not less than three months after the first publication. The second publication must also last for at least ten days before the bill is introduced in the National Assembly. This means that approximately four months would have transpired before the bill is introduced.


Once the bill is introduced it must be supported by no less than three quarters of all the members of the National Assembly.


If there is support to amend the entrenched clause the Speaker must refer the Bill to the Independent Electoral Commission to hold a referendum. The Commission is also given six months to prepare and hold a referendum. Time is therefore not on the side of any one who wants a monarchy before the 2011 Presidential elections. Moreover the conditions attached to a referendum before it could succeed and the multi party environment that now prevails are also not favourable to any advocate of a monarchy. Since we now have a multi party political environment those who oppose the amendments would be able to campaign freely to stop them from being changed.


Suffice it to say that a bill to amend an entrenched clause could only succeed if at least fifty per cent of all those entitled to participate in a referendum voted and if seventy five per cent of those who voted support the amendment. The bill is presented to the president for his or her assent after the IEC certifies that 50 percent of those who registered as voters have voted and seventy five per cent of those who voted have supported the amendments.
It is after such overwhelming support to amend the entrenched clauses guaranteeing the existence of the Republic and the sovereign people that it would be possible to pass a bill to establish a monarchy.


In my view, only a desperate and degenerate regime which has lost total hope of winning an election would engage in such a cumbersome, expensive, futile and time consuming exercise. Such a regime would certainly end up being the laughing stock of history like Emperor Bokassa.


Foroyaa: What is your advice?


Halifa: The executive and the National Assembly should disown the campaign and prepare the ground for genuine multi party contest during the 2011 Presidential elections. We do not need diversionary tactics to promote voter apathy. The Campaign for a Monarchy may very well be a diversionary tactic aimed at putting the voter to sleep as if elections are no longer going to be held. We should now intensify our campaign for one opposition candidate to be selected by the people to stand in the 2011 Presidential election to save the Republic and the sovereignty of the people.


Foroyaa: Any last word?


Halifa: I have said that the final battle between the monarchical culture and the culture of the sovereignty of the people is now. Listen to the songs sang by young Gambians born during the era of Independence. It is as if they have never been exposed to their history. They appear to be innocent of how hard people like Edward Francis Small had to fight for councils to be established and elections to be introduced so that the people will determine who governs their country. These young people who should be singing songs and writing poems on the need to create the sovereign Community of sovereign Gambians who are above ethno-linguistic, religious, clan and kinship loyalties and are united as one to work to guarantee liberty and prosperity to each as justice guide their every action to work for the common good. These are the people calling leaders Mansas or Kings crowned by God.
We must not allow such ridiculous campaigns to preoccupy our discourse in a negative manner by spreading fear and despair that all is over and a monarchy is about to dawn. We must promote the view that a monarchy is a joke and that power belongs and will forever belong to us. This is the time for stock taking. Each Gambian should ask whether one is truly a sovereign person who is conscious of one’s ownership of The Gambia as one is conscious of one’s ownership of one’s clothes and private properties. One should check whether one really feels a sense of loss of one’s sovereignty as one would feel if one’s money was stolen. If your sovereignty means nothing to you then you are Gambia’s problem. If your sovereignty means something to you then start the campaign for zero tolerance for monarchical rule in the Gambia and promote a sovereign Republic where leaders are servants who bow down to the law and work to promote liberty and prosperity for
 all. This is the way forward. We must form a grand alliance against monarchical rule in support of the Republic and the sovereignty of the people. One should educate ten, ten should educate a thousand, a thousand should educate ten thousand, ten thousand should educate a hundred thousand and a hundred thousand should educate a million, that is the whole nation, to treasure the Republic and the Sovereignty of the people irrespective of party affiliation and to commit ourselves to the duty of entrusting the Nation to leaders who will safeguard the Republic and the sovereignty of the people. That should be the basic criterion for being considered fit to lead a country in the 21st Century. The reason why Africa, Asia especially the Middle East are still unable to lead the world or at least be treated as equals is the failure to make the people sovereign. Leaders fight for space by pointing out the evils of other nations to justify the evils in their own
 countries. In this way we remain defensive followers instead of model leaders. Look at Lula of Brazil . He has served his term and is now a revered world leader. This is the type of leadership Gambia needs to produce in 2011 and not a monarch, We need musicians who will say to them: it is the people who entrust you with you power. It does not belong to you and don’t abuse it. The nation is the birth right of every body. Let everyone has his or her share on the basis of merit instead of distributing the resources disproportionately on the basis of charity.


They will call on leaders to build a Nation of dignified and free producers and not a nation of wretched beggars. This is the way forward for a new Gambian culture, the culture of the free, prosperous and dignified sovereign people.
 
END





¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
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]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤