Mboge,I suppose that the cheerleaders of the Jawara past would have got it by now that the ganging up or shouting down of their critics has not worked and should relax and face reality.People cannot be force feed with the what obtained in the past just because that of today is horrible.
LJ, tell your friend that it is warm here and that the L would never be a substitute. Thank you for putting perspective into this matter.
On Thursday, November 20, 2014 6:57 PM, Demba Baldeh <[log in to unmask]> wrote:
No constitution would matter under Jammeh. Even if you bring Shariah in front of the gates of hell he will violate it. As noted already constitutions are fluid documents meaning they are as good as their intended use and can be amended. Jammeh + Constitution = Zero.
I think there were some improvements from the 1970 constitution to 1997 constitution but only before it was stripped of valuable improvements. Unfortunately, many citizens including Halifa and others were not fully conscious of the provisions that were secretly removed.. Many of us were also caught between letting the country slide into possible chaos or hoping for a better change.
Good to see the L coming back to life again and hope being little grayer will help Lol..
Demba
On Thu, Nov 20, 2014 at 2:03 AM, Modou Nyang <[log in to unmask]> wrote:
I guess that calling of "some of us" also include those like me who hold that the 1997 constitution is far superior to the 1970 one.It is good that everyone of us have an opinion and ready to express it even if they may not be backed by evidence.
What is irrefutable is that constitutions and other laws or policies are never self implementing. That mishap or disregard by those with the authority to do so can never be a yardstick to measure their effectiveness or lack of it in comparison to others. Relying on an simple introductory premise to comment on the importance of highlighting the contradictory and illegal sentencing of people to death is disingenuous. Abdoukarim, i suggest you better start by editing yourself first and not let others assuming the opposite of what your actually write. Then, you or anyone else can bring forward the relevant portions of the 1970 constitution that you say helped strengthened governance in the Gambia better than the current document. And then we can pick up from there. Anything less than that will just be the expressions of sentimental opinions just like the one on elections you are trying to pass.
Nyang
On Wednesday, November 19, 2014 10:26 AM, suntou touray <[log in to unmask]> wrote:
Karim, I agree with your take. So long as Jammeh remains at the helm of our national affairs, democracy will be a shadow semblance. The constitution is only useful when it serve Jammeh's purpose, sometimes the air of something proper do occur, but it is all a grand myriad. An illusion to put us off a bit.ThanksSUntou
On Wed, Nov 19, 2014 at 2:29 PM, abdoukarim sanneh <[log in to unmask]> wrote:
Suntou
The 1970 constitution have strength our democratic culture. It has its deficit among which includes term limits lack of independent electoral commission and others. But remember election use to be free and fair. Let Foroyaa stop the nonsense. The 1997 constitution just give yaya Jammeh absolute power and narrow the space for democratic participation. With the ban on political parties they spearhead the advocacy for its endorsement and even serve as a shadow consultancy in its crafting. Its separate the cabinet from the legislative and giving Yaya Jammeh the power to appoint members judges electoral commissioners. Suntou 20 years down the line how many ministers are appointed? The 1970 constitution have given us rule of law and good governance.
Date: Wed, 19 Nov 2014 11:47:09 +0000
From: [log in to unmask]
Subject: Re: This is not about the 1970 or 1997 constitutions.
To: [log in to unmask]
Dr Jaiteh, I agree, this is not about which document is good/bad or superior to the other. Both documents haven't solve the core obstacle to our democracy, gaping term limits. And the death penalty should be totally eliminated, not needed. I guess the finger prints on the new constitution, in the person of foroyaa editorial consultant, Halifa will always make the 1997 constitution a pet project. ThanksSuntou
On Tue, Nov 18, 2014 at 4:01 PM, Malanding Jaiteh <[log in to unmask]> wrote:
Some of us are of the opinion that the 1970 Constitution was not suspended because of its flaws but to legitimize an illegal usurp of power by the military. And despite its many flaws including the lack of the said subsection 2 only one (1) person was executed under the 1970 constitution.
Even without going into the merits of the August 9 execution and the trial, conviction and treatment of Lang Tombong and Co., do we really believe that commuting their death sentence to life is the result of the existence of subsection 2 in the 1997 constitution? And that they may have had no reprieve had the 1970 constitution being around?
Rather than focusing on the difference between 1997 and 1970 constitutions, I believe the writer should commend Justice Nawaz Chowhan and team for doing the right thing by confirming whats explicit in the constitution and go further to demand that their conviction be thrown out in its entirety as evidence suggest it to be politically motivated.
Malanding
Courtesy: http://www.foroyaa.gm/archives/2420
A LAND MARK DECISON OF THE SUPREME COURT NOBODY WILL BE SENTENCED TO DEATH WHO HAS NOT TAKEN THE LIFE OF ANOTHER
EditorNovember 17, 2014When the High Court sentenced Lang Tombong Tamba, Omar Bun Mbye, Bo Badjie, Kawsu Camara (alias bombardier), Modou Gaye, Gibril Ngorr Secka and Abdoulie Joof to death, Foroyaa did not hesitate to point out that the only reason why the provision on the protection to the right to life in the 1997 Constitution was superior to that of the 1970 Constitution is Subsection 2 of Section 18 of the Constitution.Subsection 2 reads: “As from the coming into force of this constitution , no court in the Gambia shall be competent to impose a sentence of death for any offence unless the offence is prescribed by law and the offence involves violence, or the administration of any toxic substance, resulting in the death of another person.”Simply put, a court is barred from imposing a death sentence on anyone who has not killed another.This means that all the death sentences for treason under the criminal code should be amended to conform with the provisions of the Constitution or should be disregarded as null and void by courts when no evidence of killing is given during a trial.We were surprised how this unambiguous provision could be subjected to misinterpretation by any legal mind and the Supreme Court has served the cause of justice by giving the provision its proper interpretation.Pardon should follow to end the nightmare of spending years on death row and not knowing when the end would come.
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