Courtesy of Foroyaa
Halifa Sallah, a prominent political figure and the current Director of People’s Centre for Social Science, Research, Civic Awareness and Community Initiative held a press conference on 11th June 2009 at the People’s Centre in Churchill’s Town.
The press conference is in connection to the present Governance situation in the Gambia. Mr. Sallah expressed his opinion that there exists a vacuum in the Governance structure which he believes each responsible citizen has a duty to fill.
He said that the country is demanding for an alternative voice so that not only one voice is heard, that is, the voice of the government. He said he is taking the personal responsibility to ensure that this alternative voice is heard loud and clear.
Mr. Sallah said that from now onwards he will be dilating on civil, political, economic, social and cultural issues which are relevant to the people and propose alternative policies. He said that the Media cannot serve as the opponent of the government; that the media’s primary responsibility is to be transparent and ensure that the Government is held accountable to the public.
Mr. Sallah indicated that he will restrict himself to some core issues of governance in this Press Conference because of the current relation between the Executive, the legislature and The Judiciary. He recalled that the Executive has recently exercised authority which led to the removal of the Chief Justice and The Speaker of the National Assembly. He said that he was not concerned about personalities but would like the public to focus on the principles involved.
He observed that good governance comes through checks and balances, between the arms of the state, the judiciary, legislature and executive. He opined that when those checks and balances are no longer effective, one can legitimately say there is crisis of governance. Mr Sallah emphasized that there is need to give diverse perspectives on the decisions emanating from the office of the executive.
He said that the Preamble of the Constitution, though not a part of the Constitution, does reflect its spirit. He said that the Preamble promised that “The functions of the arms of the Government (state) have been clearly defined, their independence amply secured with adequate checks and balances to ensure that they work harmoniously together toward our common good.”
He said that the separation of powers which the preamble implies is contradicted by the removal of the Chief Justice and the Speaker.
Mr Sallah proceeded to examine the removal of the Chief Justice. He said that The Chief Justice is the head of The Judiciary. If he is removed all judges could also be removed. He argued that Justice must not only be done but must be seen to be done. He questioned how the public could have confidence that judges will function with independence and impartiality if they have no security of tenure. He claimed that section 141 guarantees Judges security of tenure up to the age of 70 years when they have to vacate their office.
First and foremost, he said, section 167 of the constitution forbids any authority from forcing a judge to retire from public service.
Secondly, Sallah argued that section 141 subsection (3) of the Constitution adds that Judges may only be removed from office for inability to carry out their function either because of infirmity or misconduct. He said that no executive can arbitrarily charge and find a judge infirm or guilty of misconduct. There is need to conduct investigation to establish allegation of infirmity or misconduct. He said that such investigation is provided for under section 141 subsection (5) of the Constitution which calls for the setting up of a tribunal by the National Assembly chaired by a person who has held high judicial to investigate any allegation of infirmity or misconduct by the national assembly.
Sallah indicated that even though section 141 subsection (2)(c) did say that the president may terminate the appointment of a judge of a superior court in consultation with the judicial service commission it would be absurd for the president to do so without relying on the grounds of infirmity and misconduct, allegations which have to be investigated by a competent adjudicating authority for confirmation. Sallah added that the Chief Justice is the Chairperson of the Judicial Service Commission which the President has to consult to terminate the service of the very Chief Justice. Sallah therefore concluded that the only way a Chief Justice may be removed from office in a transparent manner is through the setting up of a tribunal by the National Assembly. He said hat if this is done by the executive it only nullifies the separation of powers and makes the Judiciary to be totally under the control of the executive.
He called on the bar association to take the matter to the supreme court for interpretation.
He promised that he will heighten the debate so that public opinion will become sensitive to the concerns he has expressed regarding threats to the security of tenure of judges of superior courts.
On the office of Speaker, Mr. Sallah said that section 93 of the Constitution makes it a requirement for the Speaker and Deputy Speaker to be elected from the nominated members of the National Assembly. He added that the Speaker and Deputy Speaker may be removed from office by a vote of not less than two thirds of the members of the National assembly. He said that contrary to the thinking of many the President has no power to appoint or remove a Speaker or Deputy Speaker from office. Halifa explained that the President is aware of the provision that if a Speaker or Deputy Speaker is no longer a member of the National Assembly he or she automatically ceases to be Speaker or Deputy Speaker. Consequently, he has been relying on section 231 subsection (5) of the Constitution to remove nominated members from their seats in the National Assembly which reads:
“Without prejudice to the provision of section 167, but subject to other provision of this constitution, the power to make any appointment to a public office includes the power to dismiss any person so appointed.”
Halifa indicated that in other provisions of the Constitution it is made clear that National Assembly members are not members of the public service. He quoted section 166 subsection (4) thus:
“In this constitution, an office in the public service does not include the offices of President, Vice President, Speaker or Deputy Speaker, Secretary of State or a member of the National Assembly.”
Halifa concluded that after the President and Vice President, it is the Speaker who should assume office if the two offices are vacant. Halifa said that this is not an ordinary position and care should be taken before appointments are made of nominated members. The nominated members should have security of tenure and should only leave office as provided for National Assembly members under section 91 of the Constitution.
Mr. Sallah finally dilated on the President’s recent tour of the Provinces and the retention of many Ministries without appointment of Ministers. He said that in a recent interview with Kebba Dibba the President gave the impression that he took his personal initiative to go on tour; that he also gave the impression that he is required to go at least once a year. Mr Sallah indicated that the President’s tour of the Provinces is not a personal initiative but a constitutional and official tour.
He said section 222 paragraph 15 makes it a requirement for the President to undergo a tour in order to familiarize himself or herself with current conditions and the effects of government policies. He said his tour is not supposed to be financed by the president or the local councils but is provided for in the budget approved by the National Assembly.
He said the tour is not personal and that is why it is financed from the National budget to the tune of D1.5 million dalasis for 2009. He opined that the tour should not be utilized as a political campaign tool but should be centered on national issues because it is financed by the public fund.
Halifa also told the reporters that the President is given the power to appoint Ministers with professional competence and experience to exercise direction and control over Ministries. He lamented the numerous Ministries without Ministers. He said that if the President cannot have any competent person within the rank of the APRC or in the Gambia as a whole then one should consider the government to be inflicted with the crisis of governance.
He said the radio and the television should present divergent views and not allow one voice to stand since the state media is financed by the public.
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