PK Jarju
Mr President, on December 16 this year, Gambian and international media organisations will commemorate third anniversary marking the brutal murder of Deyda Hydara, founder and Managing Editor, The Point Newspaper of Gambia.
Three years is not three days and the pain his family is going through is hard-felt by many of us. The fact that up to this day and time no one is arrested for this heinous crime continues to shock the all sound-minded Gambians and the human family at large.
Deyda was a perfect gentleman and good people cannot imagine what crime this generous and loving father and colleague must have committed to prompt his callous killers in such barbaric and brutal murder. Deyda was never a criminal.
He was a journalist, a fully trained one for that matter. His family, colleagues, and friends don’t deserve having him snatched away by the cold hands of death through the hot barrels of trigger-happy bandits operating in the name of state security.
As we count three years since this callous conduct by jealous and irresponsible cowards, lot of questions still beg for genuine responses. You and your government cannot still answer the simple question, “ Who Killed Deyda Hydara?”, a blame hanging over your neck for two years now. Only you and your operatives know the answers and now you keep the whole world waiting far too long since the chilling death of this dear member of a good family, colleagues, and circle of friends.
You told Neneh MacDoul-Gaye (former reporter and now Minister of Information) during one of your interviews over national TV that you and your government were not responsible for Deyda’s murder. In an un-diplomatic tone, the least expected of a President, you bluntly said that you don’t believe in killing people. You rather prefer locking up decent Gambian citizens in stinking Mile Two Prisons referred by uncaring self as Five Star Hotel in mockery of colleagues betrayed by you and now locked up in that dreaded jail, to be feasted on by mosquitoes and bugs.
Following the killing of Deyda, Gambia Police Forces under your manipulation faked an investigation later taken over by the National Intelligence (NIA). That report was directly submitted to you. You refused every call by concerned Gambians and international media organisations to let other professional investigating bodies like the Scotland Yard to carry the investigations. Scotland Yard on many occasions investigated murder cases involving British nationals in Gambia.
After months of silence, your NIA released a so-called “well-investigated”’ dossier to the public that represented an insult to Mr Hydara and his family. It remains an insult because instead of naming and shaming the killers, the report produced an ugly picture of defamation on late Deyda’s private life in a context never part of the reasons why the report was commissioned.
Mr President, we all know how well-organised professionals in a premeditated operation murdered Mr Hydara. It is a fact that Mr Hydara was under NIA surveillance few minutes before he was gunned down along Sankung Sillah Factory Road in Kanifing. Only fools of the lowest mindset will believe that the NIA did not have a hand in it.
If they were not involved, then let them explain how a man under their surveillance was gunned down without them knowing. Were they asleep at the time? The NIA remains prime suspect in this case. Therefore information from their preconceived investigation is open to critical scrutiny and remains doubtful. For them to carry a proper investigation in a case where they stand principal suspects is a mockery to intelligence and total failure of justice. The report by itself prompts more questions to be answered by you and them.
Mr President your hatred for the private media is no secret. Mr Hydara’s continuous criticisms of your undemocratic and brutal regime in his editorials as well as in his column- Good Morning Mr President were thorn in your government’s thick flesh. That was more the reason why you asked Pap Saine- a soft man whose life was torn apart since Mr Hydara’s death- to stop the column few months after Mr Hydara’s cold-blooded murder.
Mr President, Gambian journalists have known nothing but harassment, intimidation and arson attacks since you came to power. It is a shame that while other governments in the sub-region are busy enhancing the work of the private media now regarded as the fourth estate, you and yours are busy making life difficult for private media. There is collective opinion that Deyda Hydara’s murder was conceived to send a clear message for other journalists that their criticisms of your dictatorial regime will not be tolerated by you. For a while that tactic worked.
Take for example, The Independent, which was trying to make your government accountable, is shut down and its publishers repeatedly arrested and threatened with death. Some of the staff fled the country.
The Point after Deyda Hydara’s murder has gone so soft. As a safety cushion for survival the current management fears to throw punches at you and your government. The Daily Observer once a well respected paper has now been transformed into a wrapping paper. To be more diplomatic, it is now a talking drum used to propagate your deceptive messages.
You and your government now make life so difficult for the private media. Countless Gambian journalists today including my humble self are left with no choice but to go into self-exile, living behind our sweet homes and loved ones. Have you ever imagined how it is to leave our sweet homes behind, hard as that may? The pain is unimaginable, but has to be endured. Our duty as journalists demands it and we shall not let ourselves be cowed. Our rights can never be trampled.
Mr President, after taking over the reigns of power through the illegal coup of July 1994, you called on journalists to criticise when you are wrong. That is now a thing of the past. You hate criticism so much so that you openly accused African journalists as the continent's undesirable elements. Worst of all, you told religious leaders in State House not to buy newspapers as a means of keeping private publications out of the market.
Back to the murder of Deyda Hydara, Mr President you knew very well that ordinary Gambians including the police (not the Intervention Unit) do not carry fire arms. Knowing the type of person you are, the NIA under your command would have left no stone unturned in arresting Deyda's murderers if they were not involved. This would have given a Blue Peter badge to you and your government after all the criticisms you have received both at home and abroad.
Today Mr President you and your government want Gambians to forget that such an illustrious son of the country ever lived. As typical of murderers, anyone who mentions Deyda's name is branded an opposition or enemy of you and the criminal regime you presided over.
Take for instance, the police refused at first to issue a permit to the Gambia Press Union to hold a demonstration in Banjul one week after Deyda's murder. Even the though the permit was reluctantly issued at the last minute after the Press Union refused to back down. Despite this the march was disrupted by NIA at Arch 22 the entrance to Banjul. Again last year, armed police together with NIA officers disrupted a march pass by the Press Union. Members of the union were prevented from laying a wreath at the place where Deyda was murdered.
Your government also denied visas to delegates of international media organisations that wanted to grace the occasion.
A sober reflection of what transpired since then Mr President, draws deeper into the ring of suspicion that your government must have had a hand in this senseless killing of Deyda Hydara. Anyone who dares raise this issue on Gambian soil would have been in NIA custody by the publication of this article. Such could have been my fate. That fear will never let us forget Deyda, our able mentor and pacesetter whose blood is now stained on the hands of you and your blood thirsty killer boys.
You lot must also remember that no matter how long it takes, you shall pay for taking the life of such a gentleman whose only crime was tying to keep you accountable to civilised Gambian electorates you now fail to serve. It is time to confess if you still call yourselves men, before it is too late.
Mr President, you must also remember that the Gambian independent media is here to stay. The ink of our pens shall never dry, neither will our computer keyboards get stuck. We will never be cowed. Our instruments of information shall always be mightier than your sword and idol worshipping counting beads.
Have a good day Mr President.
For comments, write to papak196@yahoo.co.uk
Wednesday 7 November 2007
Another Death Knell for Democracy
by DA Jawo
It is indeed quite hard to understand why, while the rest of the African continent is well on the road to democracy and good governance, this country is moving in the opposite direction, as it is clearly manifested by the unprecedented decision of the National Assembly to abdicate its responsibilities and give such sweeping powers to President Jammeh to take over direct responsibility of the administration of all the municipal councils.
What is even more ridiculous, are the sweeping powers given to him to also remove mayors/chairpersons of councils as well as all other elected representatives of the people. Of course, he did not need the National Assembly to give him such powers, because he had already been exercising them without any legal backing. We can recall that he arbitrarily removed the Mayors of Banjul City Council (BCC) and the Kanifing Municipal Council (KMC) as well as the Chairman of Brikama Area Council. Therefore, the authorization by the National Assembly was merely to formalize what already existed in practise.
However, by allowing themselves to be used to rubber stamp such undemocratic legislation, members of the National Assembly have clearly shown Gambians that they represent President Jammeh's interests instead of the interests of the people who elected them.
There is absolutely no way that anyone can justify giving President Jammeh the power to remove people directly elected by the people, just like him. I agree with Sidia Jatta that if President Jammeh is given the power to remove at will those directly elected by the people, then there is absolutely no point in anyone seeking election. This is just another additional death knell for democracy in this country.
Of course, this sort of trend has been going on since the very beginning. We have seen the government, using the rubber stamp National Assembly to amend the Constitution and remove the provision that called for the election of chiefs, no doubt after the regime realized from the Sami chieftaincy elections that there was no way they can manipulate the system in their favour.
There is no doubt that the next move would be to abolish local government elections and give him the power to be appointing people to manage all the local government structures.
Therefore, this latest move is just a continuation of the trend to bring the entire local government structure under the direct control of the President so that he can continue to put in only those people he can easily manipulate.
However, with the negative role that the National Assembly has played in helping President Jammeh to consolidate his iron-grip hold of all the democratic institutions, the members have really abdicated their responsibilities to the people of this country and as such, those who voted for that undemocratic law have lost any credibility they ever had in representing the people. It is therefore hard to see how the people can ever re-elect them when they have clearly shown that they have no regard for the welfare of the people of the country and they are ready to rubber stamp anything presented to them by President Jammeh.
It is indeed a shame that while the rest of the continent is consolidating democracy and good governance, we in this country are moving in the opposite direction. With this latest move on the local government structure, it is now hard to see the United Nations system contributing to our local government decentralisation process, because instead of decentralising, we seem to be putting everything in the hands of the president.
In view of this therefore, there is absolutely no way that anyone would now take this country seriously when it comes to democratisation. We have shown them that instead of moving with the tide of democratisation, we are retrogressing to the dark old days.
Culled from Foroyaa Newspaper.
It is indeed quite hard to understand why, while the rest of the African continent is well on the road to democracy and good governance, this country is moving in the opposite direction, as it is clearly manifested by the unprecedented decision of the National Assembly to abdicate its responsibilities and give such sweeping powers to President Jammeh to take over direct responsibility of the administration of all the municipal councils.
What is even more ridiculous, are the sweeping powers given to him to also remove mayors/chairpersons of councils as well as all other elected representatives of the people. Of course, he did not need the National Assembly to give him such powers, because he had already been exercising them without any legal backing. We can recall that he arbitrarily removed the Mayors of Banjul City Council (BCC) and the Kanifing Municipal Council (KMC) as well as the Chairman of Brikama Area Council. Therefore, the authorization by the National Assembly was merely to formalize what already existed in practise.
However, by allowing themselves to be used to rubber stamp such undemocratic legislation, members of the National Assembly have clearly shown Gambians that they represent President Jammeh's interests instead of the interests of the people who elected them.
There is absolutely no way that anyone can justify giving President Jammeh the power to remove people directly elected by the people, just like him. I agree with Sidia Jatta that if President Jammeh is given the power to remove at will those directly elected by the people, then there is absolutely no point in anyone seeking election. This is just another additional death knell for democracy in this country.
Of course, this sort of trend has been going on since the very beginning. We have seen the government, using the rubber stamp National Assembly to amend the Constitution and remove the provision that called for the election of chiefs, no doubt after the regime realized from the Sami chieftaincy elections that there was no way they can manipulate the system in their favour.
There is no doubt that the next move would be to abolish local government elections and give him the power to be appointing people to manage all the local government structures.
Therefore, this latest move is just a continuation of the trend to bring the entire local government structure under the direct control of the President so that he can continue to put in only those people he can easily manipulate.
However, with the negative role that the National Assembly has played in helping President Jammeh to consolidate his iron-grip hold of all the democratic institutions, the members have really abdicated their responsibilities to the people of this country and as such, those who voted for that undemocratic law have lost any credibility they ever had in representing the people. It is therefore hard to see how the people can ever re-elect them when they have clearly shown that they have no regard for the welfare of the people of the country and they are ready to rubber stamp anything presented to them by President Jammeh.
It is indeed a shame that while the rest of the continent is consolidating democracy and good governance, we in this country are moving in the opposite direction. With this latest move on the local government structure, it is now hard to see the United Nations system contributing to our local government decentralisation process, because instead of decentralising, we seem to be putting everything in the hands of the president.
In view of this therefore, there is absolutely no way that anyone would now take this country seriously when it comes to democratisation. We have shown them that instead of moving with the tide of democratisation, we are retrogressing to the dark old days.
Culled from Foroyaa Newspaper.
Gambia, Senegal Sign Communiqué
The Gambian Secretary of State for Foreign Affairs, Crispin Grey-Johnson and the Senegalese Minister of Foreign Affairs, Dr. Cheikh Tidiane Gadio have signed a Joint Communiqué on Saturday, November 3, at the end of the 4th session of the Senegalo-Gambian Joint Ministerial commission held at the Kairaba Beach Hotel.
The meeting was in accordance with directives of the two heads of state and issues discussed included trade, customs, transport, the environment, agriculture, forestry, wildlife, fisheries, education, energy, gender, culture, security and defence, immigration, health, tourism and the Senegalo - Gambian Permanent Secretariat.
On trade, the Gambia and Senegal have agreed to exchange information on trade matters and a draft trade agreement between the two countries was submitted by the Gambia to the Senegalese authorities and their reaction will be forthcoming in due course.
The two countries have also agreed and recommended that a meeting be convened between the two customs institutions as soon as possible in order to give adequate response to pertinent matters.
The communiqué reads: "Pertaining to the transport sector, the Gambian side proposed the signing of a new road transport agreement before the end of 2007 given that the agreement signed in 2004 is not adequately implemented. It was agreed that a meeting be held in Dakar on 20th November, 2007 to finalise a new agreement."
The question of the bridge was raised. "It was decided that the matter be referred to the forthcoming Joint Consultative meeting."
On the environment, the delegations indicated their long standing cooperation in sharing information based on the use of Geographic Information System (GIS) and remote sensing. "Future collaboration will include coastal and marine environment management, enhancing environmental monitoring systems, and the strengthening of chemical management, including the control of obsolete and/or banned pesticides in the two countries," the communiqué states.
In the area of forestry, delegates of both countries agreed to strengthen collaboration by implementing joint activities and exchange of experiences in fire prevention, protection and monitoring techniques, community forestry, the management of mangroves and mangrove die-back, especially the Bintang Bolong.
"The two countries will strengthen the control of the cross - border movement of forest products; exchange of research, trial results, data and documentations and sharing information on reforestation and afforestation, as well as collaborate on the implementation of regional and international agreements," the communiqué states.
On protected areas and wildlife management, the two governments are implementing a memorandum of understanding (MOU) of 2001 for the trans - frontier management of Niumi National Park and Delta du Saloum National Park.
"In addition to these two areas of cooperation, the delegations of both countries agreed to the establishment of more trans-boundary protected areas, harmonization of regulation on sport hunting, wildlife management and cooperation on illegal poaching," the communiqué reads.
On climate change, the delegates have agreed to develop policies and regulations in implementing joint mitigation and adaptation plans and programmes.
In the agriculture sector, the two sides underscored the need for the implementation of common policies and programmes geared towards poverty alleviation and agreed to cooperate in the harmonization of their regulations on phytosanitary, seeds, genetically modified organisms and movement of pesticides. "They also agreed to prevent invasion of locust and other migratory pests and improve on exchange of research, training and experiences. The countries will endeavour to share experience in research in the agro-sylvo-pastoral area," the communiqué indicated.
The existing reciprocal fisheries agreement between the two countries will be reviewed in January 2008 in Banjul, in accordance with article thirteen of the agreement.
On gender, the Women's Bureau in the Gambia and the Ministry of Family Affairs in Senegal have initiated action for an effective and coordinated collaboration between them, and to that end the two countries are about to sign a bilateral agreement. The two countries agreed to factor and fully integrate children's issues in their respective national policies and programmes. "The Senegalese side has invited children and teachers from the Gambia to attend the 3rd Children's Week Celebration from the 11th - 16th December, 2007. The Senegalese delegation proposes that the Gambia considers the establishment of a "Hut for Children" programme with the logistics, funded by Senegal," the communiqué shows.
In the area of education, they agreed to establish links between the University of the Gambia and other institutions of higher education in Senegal and exchange experiences in vocational training.
Culled from Foroyaa NewsPaper.
The meeting was in accordance with directives of the two heads of state and issues discussed included trade, customs, transport, the environment, agriculture, forestry, wildlife, fisheries, education, energy, gender, culture, security and defence, immigration, health, tourism and the Senegalo - Gambian Permanent Secretariat.
On trade, the Gambia and Senegal have agreed to exchange information on trade matters and a draft trade agreement between the two countries was submitted by the Gambia to the Senegalese authorities and their reaction will be forthcoming in due course.
The two countries have also agreed and recommended that a meeting be convened between the two customs institutions as soon as possible in order to give adequate response to pertinent matters.
The communiqué reads: "Pertaining to the transport sector, the Gambian side proposed the signing of a new road transport agreement before the end of 2007 given that the agreement signed in 2004 is not adequately implemented. It was agreed that a meeting be held in Dakar on 20th November, 2007 to finalise a new agreement."
The question of the bridge was raised. "It was decided that the matter be referred to the forthcoming Joint Consultative meeting."
On the environment, the delegations indicated their long standing cooperation in sharing information based on the use of Geographic Information System (GIS) and remote sensing. "Future collaboration will include coastal and marine environment management, enhancing environmental monitoring systems, and the strengthening of chemical management, including the control of obsolete and/or banned pesticides in the two countries," the communiqué states.
In the area of forestry, delegates of both countries agreed to strengthen collaboration by implementing joint activities and exchange of experiences in fire prevention, protection and monitoring techniques, community forestry, the management of mangroves and mangrove die-back, especially the Bintang Bolong.
"The two countries will strengthen the control of the cross - border movement of forest products; exchange of research, trial results, data and documentations and sharing information on reforestation and afforestation, as well as collaborate on the implementation of regional and international agreements," the communiqué states.
On protected areas and wildlife management, the two governments are implementing a memorandum of understanding (MOU) of 2001 for the trans - frontier management of Niumi National Park and Delta du Saloum National Park.
"In addition to these two areas of cooperation, the delegations of both countries agreed to the establishment of more trans-boundary protected areas, harmonization of regulation on sport hunting, wildlife management and cooperation on illegal poaching," the communiqué reads.
On climate change, the delegates have agreed to develop policies and regulations in implementing joint mitigation and adaptation plans and programmes.
In the agriculture sector, the two sides underscored the need for the implementation of common policies and programmes geared towards poverty alleviation and agreed to cooperate in the harmonization of their regulations on phytosanitary, seeds, genetically modified organisms and movement of pesticides. "They also agreed to prevent invasion of locust and other migratory pests and improve on exchange of research, training and experiences. The countries will endeavour to share experience in research in the agro-sylvo-pastoral area," the communiqué indicated.
The existing reciprocal fisheries agreement between the two countries will be reviewed in January 2008 in Banjul, in accordance with article thirteen of the agreement.
On gender, the Women's Bureau in the Gambia and the Ministry of Family Affairs in Senegal have initiated action for an effective and coordinated collaboration between them, and to that end the two countries are about to sign a bilateral agreement. The two countries agreed to factor and fully integrate children's issues in their respective national policies and programmes. "The Senegalese side has invited children and teachers from the Gambia to attend the 3rd Children's Week Celebration from the 11th - 16th December, 2007. The Senegalese delegation proposes that the Gambia considers the establishment of a "Hut for Children" programme with the logistics, funded by Senegal," the communiqué shows.
In the area of education, they agreed to establish links between the University of the Gambia and other institutions of higher education in Senegal and exchange experiences in vocational training.
Culled from Foroyaa NewsPaper.
The Politics of Appointments
During the coup period, the Armed Forces Provisional Ruling Council (AFPRC) had absolute power to make laws and appoint anyone to any post. This enabled it to hire and fire at will. They therefore constituted the councils as they wished.
The return to constitutional rule is proving to be a challenge to the APRC government which appears to have grown accustomed to the absolute powers of the coup period. What is surprising to many is the speed with which the executive has moved to dissolve councils and appoint management teams.
First and foremost, Section 100 subsection 7 of the Constitution states that "no act of the National Assembly shall come into operation until it has been published in the Gazette "
According to the section, when a bill is passed, it has to be assented to by the president and published in the Gazette within 30 days of assent.
The secretary of State for Local Government has recently taken a bill to the national assembly which called for the dissolution of councils three months before an election and the appointment of a management team by the President to run them prior to elections.
The dissolution has already been effected and the appointments of the Management teams have also taken place .Foroyaa will monitor the Gazettes to see whether the provisions of the constitution have been complied with.
What is of greater concern is the constitutionality of the Management teams. Section 193 of the Constitution makes it Mandatory for local Government Administration to be based on a system of democratically elected councils. We repeat - Section 193 reads : "Local Government Administration in the Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy."
There is no room for management teams The provision which creates this management team to replace elected councillors is unconstitutional. Elected councillors should go to court to challenge this under section 5 of the Constitution.
Culled from FOROYAA Newspaper
The return to constitutional rule is proving to be a challenge to the APRC government which appears to have grown accustomed to the absolute powers of the coup period. What is surprising to many is the speed with which the executive has moved to dissolve councils and appoint management teams.
First and foremost, Section 100 subsection 7 of the Constitution states that "no act of the National Assembly shall come into operation until it has been published in the Gazette "
According to the section, when a bill is passed, it has to be assented to by the president and published in the Gazette within 30 days of assent.
The secretary of State for Local Government has recently taken a bill to the national assembly which called for the dissolution of councils three months before an election and the appointment of a management team by the President to run them prior to elections.
The dissolution has already been effected and the appointments of the Management teams have also taken place .Foroyaa will monitor the Gazettes to see whether the provisions of the constitution have been complied with.
What is of greater concern is the constitutionality of the Management teams. Section 193 of the Constitution makes it Mandatory for local Government Administration to be based on a system of democratically elected councils. We repeat - Section 193 reads : "Local Government Administration in the Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy."
There is no room for management teams The provision which creates this management team to replace elected councillors is unconstitutional. Elected councillors should go to court to challenge this under section 5 of the Constitution.
Culled from FOROYAA Newspaper
The End of Decentralisation
Section 101 of the Constitution of the Gambia states categorically that no bill shall be introduced into the National Assembly of the Gambia, unless it is accompanied by an explanatory memorandum setting out in detail the policies and principles of the bill, the defects it is intended to remedy and the necessity for its introduction.
An extra ordinary meeting of the National Assembly was convened to discuss and amend the Local Government Act. The bill which was placed before the National Assembly members was introduced by the Secretary of State for Local Government and Lands and Religious Affairs, Ismaila Sambou.
Let us now examine the original principles governing Local government administration under the 1997 Constitution and weigh the amendments against the principles.
During the early phase of the colonial period power was centralized in the hands of the governor. People paid taxes but had no way of determining who would manage their resources. The governor appointed the members of the executive and legislative councils to serve as advisory bodies for the Governor. It was Edward Francis Small who pioneered the clarion call for 'no taxation without representation'. 87 years have elapsed since the National Congress of British West Africa called on its members to educate the people to know that they are the rates and tax payers and had the right to elect those who are to manage their taxes.
One would have thought by now that the people of our era would be more enlightened than those who lived at the time of Francis Small:
The 1997 Constitution made Section 193 subsection (1) an entrenched clause. This clause cannot be changed without a referendum: The section States:
"Local Government in the Gambia shall be based on a system of democratically elected councils with a high degree of Local Autonomy"
In line with section I93 the constitution further asserted in section 194 paragraphs (a) and (c):
"An Act of the National Assembly by or under which a local government authority is established shall include provision for -
(a) the election of members of the authority from among residents of the area within the authority's jurisdiction at intervals of four years, and the qualifications for election;
(b) the additional representation on the authority of District Seyfolu and representatives of local commercial, occupational or social interests or groups, whether by election or otherwise
(c) the direct election of the mayor or chairman of the authority;"
The Secretary of State started by calling for the amendment of this provision. Section 193 subsection (4) also states the object of the Local Government System as follows:
" It shall be the object of the local government system that as far as possible, issues of local policy and administration shall be decided at a local level and that local government authorities shall cooperate with the Central Government in adopting a policy of decentralization."
On Wednesday 31 October 2007, the Secretary of State for Local Government introduced the following amendments:
"(1) Local Government Council shall stand dissolved ninety days before a Local Government election.
"(2)On the dissolution of a Council, The President shall appoint, for each Local Government Area, an interim Management Team, consisting of such persons as he or she may determine, to perform the functions and exercise the powers of a Council until the day preceding the first meeting of a Council after a Local Government election."
This contravenes the letter and spirit of Section 193 of the constitution and should become null and void.
The amendments further states:
"A Chairperson, other than a Mayor or Mayoress, shall be elected by the Councillors from among the Councillors." This ousts the direct election of the Chairpersons of councils outside of Banjul and the Kanifing Municipality, and thus deprives the people in the rural areas of universal suffrage in electing chairpersons of councils as is reminiscent of the colonial days.
To negate the principle of decentralisation completely, the following amendment empowers the president to remove the elected members of councils and thus reduces them to subjects under the control of the Secretary of state:
"Notwithstanding the other provisions of this section, a Chairperson, Deputy Chairperson or other member of a Council may also be removed from office by the President, on the recommendation of the Secretary of state, on any of the grounds set out in subsection (1) of this section."
This is the end result of the APRC revolution: One step forward and Two steps backwards.
The following is part of the explanation given by SoS Sambou as principles for the Amendments:
"In the light of constraints which the Department of State for Local Government and Lands experiences in the exchange and management of information and decisions with Councils, the Department considers it necessary to introduce the concept of the indirect executive chairpersons excluding mayors and mayoresses, where the chairpersons of councils are elected not by universal adult suffrage but by the Councillors from among themselves.
This could not, however, be done without the Constitution being amended. The Constitution having been amended, this Bill seeks to amend the relevant sections of the Local Government Act to give effect to the Constitutional amendment.
In the same vein, with the need for faster decision making in Council and for a more rapid and more responsive implementation of the decentralization process, the Department of State wishes also to propose the amendment of the relevant sections of the Local Government Act 2002 to reflect the need for the President to have the power to remove the Mayor/Chairman, Deputy Mayor/Chairman or other member of Council. And also to have Councillors in the local Government Authorities who can demonstrate a clearer understanding of issues and participate more effectively in chamber debates."
History is recording how the constitution is being butchered to suit the desire of the APRC to centralize power in the hands of its executive. In a democratic society where the electorate are sovereign and enlightened such an issue would be part of an election platform which should warrant MPs being sent packing at the end of their mandate.
Culled from FOROYAA Newspaper
An extra ordinary meeting of the National Assembly was convened to discuss and amend the Local Government Act. The bill which was placed before the National Assembly members was introduced by the Secretary of State for Local Government and Lands and Religious Affairs, Ismaila Sambou.
Let us now examine the original principles governing Local government administration under the 1997 Constitution and weigh the amendments against the principles.
During the early phase of the colonial period power was centralized in the hands of the governor. People paid taxes but had no way of determining who would manage their resources. The governor appointed the members of the executive and legislative councils to serve as advisory bodies for the Governor. It was Edward Francis Small who pioneered the clarion call for 'no taxation without representation'. 87 years have elapsed since the National Congress of British West Africa called on its members to educate the people to know that they are the rates and tax payers and had the right to elect those who are to manage their taxes.
One would have thought by now that the people of our era would be more enlightened than those who lived at the time of Francis Small:
The 1997 Constitution made Section 193 subsection (1) an entrenched clause. This clause cannot be changed without a referendum: The section States:
"Local Government in the Gambia shall be based on a system of democratically elected councils with a high degree of Local Autonomy"
In line with section I93 the constitution further asserted in section 194 paragraphs (a) and (c):
"An Act of the National Assembly by or under which a local government authority is established shall include provision for -
(a) the election of members of the authority from among residents of the area within the authority's jurisdiction at intervals of four years, and the qualifications for election;
(b) the additional representation on the authority of District Seyfolu and representatives of local commercial, occupational or social interests or groups, whether by election or otherwise
(c) the direct election of the mayor or chairman of the authority;"
The Secretary of State started by calling for the amendment of this provision. Section 193 subsection (4) also states the object of the Local Government System as follows:
" It shall be the object of the local government system that as far as possible, issues of local policy and administration shall be decided at a local level and that local government authorities shall cooperate with the Central Government in adopting a policy of decentralization."
On Wednesday 31 October 2007, the Secretary of State for Local Government introduced the following amendments:
"(1) Local Government Council shall stand dissolved ninety days before a Local Government election.
"(2)On the dissolution of a Council, The President shall appoint, for each Local Government Area, an interim Management Team, consisting of such persons as he or she may determine, to perform the functions and exercise the powers of a Council until the day preceding the first meeting of a Council after a Local Government election."
This contravenes the letter and spirit of Section 193 of the constitution and should become null and void.
The amendments further states:
"A Chairperson, other than a Mayor or Mayoress, shall be elected by the Councillors from among the Councillors." This ousts the direct election of the Chairpersons of councils outside of Banjul and the Kanifing Municipality, and thus deprives the people in the rural areas of universal suffrage in electing chairpersons of councils as is reminiscent of the colonial days.
To negate the principle of decentralisation completely, the following amendment empowers the president to remove the elected members of councils and thus reduces them to subjects under the control of the Secretary of state:
"Notwithstanding the other provisions of this section, a Chairperson, Deputy Chairperson or other member of a Council may also be removed from office by the President, on the recommendation of the Secretary of state, on any of the grounds set out in subsection (1) of this section."
This is the end result of the APRC revolution: One step forward and Two steps backwards.
The following is part of the explanation given by SoS Sambou as principles for the Amendments:
"In the light of constraints which the Department of State for Local Government and Lands experiences in the exchange and management of information and decisions with Councils, the Department considers it necessary to introduce the concept of the indirect executive chairpersons excluding mayors and mayoresses, where the chairpersons of councils are elected not by universal adult suffrage but by the Councillors from among themselves.
This could not, however, be done without the Constitution being amended. The Constitution having been amended, this Bill seeks to amend the relevant sections of the Local Government Act to give effect to the Constitutional amendment.
In the same vein, with the need for faster decision making in Council and for a more rapid and more responsive implementation of the decentralization process, the Department of State wishes also to propose the amendment of the relevant sections of the Local Government Act 2002 to reflect the need for the President to have the power to remove the Mayor/Chairman, Deputy Mayor/Chairman or other member of Council. And also to have Councillors in the local Government Authorities who can demonstrate a clearer understanding of issues and participate more effectively in chamber debates."
History is recording how the constitution is being butchered to suit the desire of the APRC to centralize power in the hands of its executive. In a democratic society where the electorate are sovereign and enlightened such an issue would be part of an election platform which should warrant MPs being sent packing at the end of their mandate.
Culled from FOROYAA Newspaper
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