By Pa Louis Sambou     Sunday, 17^thMarch 2019

Since the coining of the phrase ‘New Gambia’ and its widespread use to reference this post Jammeh era, one could be forgiven for assuming that we are now a functioning democracy. Unfortunately we are anything but. The ‘Democracy Implementation Project’ (DIP) is not yet a foregone conclusion; in actual fact, it has not even commenced yet.

The existing state of affairs is a semblance of democracy which it can be argued is extremely volatile.

The Supreme Court of The Gambia (SCoTG) in the Case (Injunction application (SC Civil Court No: 001/2019)) concerning an interim application against an Executive act, in dismissing the application relied on the Public / Constitutional Law principle of ‘Presumption of Regularity’ (PoR). The PoR is a Common Law doctrine which it has to be said is widely used around the world. The effect of this legal principle is that the courts will presume that the official duties have been properly discharged (by the person / institution against whom legal action is taken) until such a time the challenger presents clear evidence to the contrary.

In this specific case the Justices of the SCoTG presume the revocation of Ya Kumba Jaiteh’s nomination by the President a lawful act until such a time (at the hearing of her petition) evidence is presented to suggest otherwise. I must state with some degree of reluctance that the reasoning behind such uncomfortable determination / judgment is very problematic: The application of the principle is deeply flawed and, the legal precedent it sets is very adverse to our democracy and a leap into the dark.

The Flawed Application of the ‘Presumption of Regularity’ (PoR)

‘Presumption of Regularity’ (PoR) is a deference doctrine. Its application is dependent on the existence of a functioning constitutional order, not a semblance of it. The existing constitutional order (the 1997 Constitution) is widely discredited. This is evidenced by the ongoing consultations to have it replaced, an exercise which commissioned by the current Attorney General, endorsed by Parliament (hence the Constitutional Review Commission Act (CRC) 2017) and spearheaded by a SCoTG Justice who ironically was a sitting Judge on this matter under review. Even more farcical, the Attorney General who on the 11^thDecember 2017 stood before Parliament (to present the CRC Bill) and denounced the existing Constitutional order as being unfit-for-purpose appeared as Defence Counsel defending the very constitutional order he already denounced and pretending that the respective denunciation (by him) on the 11^thDecember 2017 never even happened.

It is widely accepted that the existing constitutional order is unfit for purpose and, the current political state of affairs exceptionally extraordinary. Therefore the application of the PoR in circumstances which are anything but ‘Regular’ adversely narrows Judicial scrutiny and widens Executive indiscretion. Given what our country is reeling out of (30 years of terribly bad governance and a subsequent 22 years of bitter dictatorship) this is very worrying.

The remedy for our unworkable constitutional and political order is not the application of an off-the-shelve Constitutional Law principles as usual but the adaptation of such principles as dictated by circumstances.

Courts have in recent times departed from the PoR in key cases. In the case involving CNN and the White House (WH) (following the revocation of the WH press pass of CNN journalist Jim Acousta) the Court, departed from the PoR and ordered for the temporary reversal of the revocation as an interim measure. The same was the case in almost all of the 50 cases following the attempt by President Trump to implement an election manifesto pledge (the ‘Muslim ban’). The PoR is certainly not applicable in circumstances which are extraordinary or not the norm.

The SCoTG ought to have on this occasion adopted an implicit neutral approach in deciding the legal question before it rather than erroneously making a determination relying on the PoR which key precedent(s) from around the world suggests is inapplicable in extraordinary circumstances.

The Precedent is a Adverse to Democracy and a Leap into the Dark

Never mind the respective parties and the underlying politics behind this specific case (both of which are, as far as I am concerned wholly  irrelevant and insignificant in the public interest argument I put forward here), the effect of this ruling from the highest Court of the land presents very gloomy prospects for the future and until it is overturned it will have the adverse effect of frustrating (if not inhibiting altogether) future legal (interim) action(s) against ultra vires actions by state agents / agencies. This is most certainly the polar opposite of what is in the public interest.

From the ruling on the subject of the constitutionality of the Public Order Act (which the SCoTG endorsed as constitutional), then the riling on the issue of False Publication & Broadcasting (which the SCoTG also endorsed as constitutional) and now this unfortunate precedent. For a post dictatorship Supreme Court, this is a very uncomfortable trend and track record which must worry us all.

The SCoTG appears to be too Conservative, resistant to progressive change or, the Justices are simply too unduly hesitant to progressively develop logical Judicial precedent and caselaw consistent with 21^stCentury democratic society.

There is indeed  credence in the suggestion that the SCoTG is gradually and inadvertently opening Gambian society up to the very risks and excesses it is meant to protect it against. This must dread us all.

By Molefa Touray

Thousands of viewers at home and abroad were thrown into a major shock when Sheriff Junior, the president of Gambia Press Union verbally assaulted Lamin Njie, the editor of Fatu Network. The assault happened on a Facebook live video coverage when Lamin Njie appeared to ask the G.P.U president about his take on the outcome of the Kumba Jaiteh case before the Supreme Court.The award-winning journalist snapped and rained insults on the innocent reporter. Sheriff junior even went as far as telling the reporter to “fucking put the mic down”. The profanity laden video went viral with over twenty thousand viewers watching and many more sharing it on whatsapp .

Apologizing on his Facebook page sheriff junior wrote: “A video showing me snapping at Lamin Njie, a journalist with Fatu Network has been going viral on Facebook since early this afternoon. In the video, I got frustrated after he insisted on interviewing me about the Supreme Court ruling on Ya Kumba Jaiteh’s case earlier today, and I used profanity.From the bottom of my heart, I take full responsibility for my behavior and I want to unreservedly apologise to Mr. Njie and the management and staff of Fatu Network for my behavior”

Reacting to Sheriff Junior’s viral video Matthew K. Jallow, a Gambian writer and social critic wrote: “I find a rather disturbing video circulating in social media where the president of the Gambia Press Union, Sheriff Bojang Jr. used curse words in reaction to a journalist seeking his views on a salient subject matter. This is a serious breach of GPU’s unwritten moral & ethical codes. I think it’s in order for the GPU Executive to meet and censor Mr Bojang, and to ask him to desist from such very disrespectful behavior, as it will tarnish the good name of the GPU as a body”.

Also reacting to Sheriff junior tirade against a fellow journalist, Sainey Darboe the editor of Gunjur News Online called for the resignation of Sherriff junior as he has lost all moral grounding to lead the press body after attacking the very people, he is elected into office to protect. “The profanity-laden assault on Fatu Network editor, Lamin Njie, by no less than the president of Gambian journalists, Sheriff Bojang, defies conceptual grasp. To have a GPU president who didn’t have qualms about launching a vitriolic attack on a fellow journalist, memorialized in a viral video, is nothing short of an insult to the memories of slain Gambian journalists like Deyda Hydara and Chief Manneh.”

The furious former Editor-in-Chief of Standard newspaper- Gambia called for the resignation of Sheriff junior as GPU president:  “And let me put it better: If he cannot conduct himself with decorum at the point of supreme challenge he doesn’t deserve to represent Gambian journalists. It is high time for  Gambian journalists to put an end to his presidency because he has dishonored the position and profession by his contempt of all journalistic ethics and basic human decency.”

By Sana Sarr

Friday, March 15, will now be a memorable day in the history of Gambian politics. In Caesar’s Rome, it’s the day the soothsayer warned Julius Caesar to beware of. It’s also the day Caesar was literally stabbed in the back by his most trusted friend, Brutus.

President Barrow vs Vice President Ousainou Darboe and UDP – I don’t think anyone will accuse President Barrow of reading, much less of being a scholar of Shakespeare, but students of literature will appreciate the coincidence that he chose March 15 to finally fire his mentor, trusted “friend” and Vice President, Ousainou Darboe – the same man he once called his “Political Father” and the one who dubbed him the “Moses” that came to deliver Gambians from the clutches of tyranny. Social media went wild with many of Darboe’s UDP supporters calling Barrow a traitor and many UDP critics celebrating the president’s move. Some neutrals expressed concern at what impact such a fallout will have on the country. To the keen observer, this fallout could be seen from a million miles away. You cannot encourage me to cheat on my wife with you and then expect me to be faithful to you. After Barrow, with the encouragement and support of Darboe, broke away from the MOU and all his coalition allies including his campaign promise of a 3-year transition, we did not require a soothsayer to predict that Darboe himself would eventually be a casualty.

Personal and political party interests aside, I think the fallout is a net gain for Gambia. In my blog of February 27, I explained why Darboe continuing to serve as Vice President does not serve the best interest of the nation, so i won’t bore you with the same reasons. Proponents of democracy place great value in the existence of checks and balances. If a strong opposition is good for democracy, then this fallout is a huge push towards having a strong opposition. UDP supporters may be upset that they’ve lost a Vice President (and two ministers), but Gambia just gained more than UDP lost. The opposition has gained a strong voice – the leader of the majority party in parliament. Now out of government, Mr. Darboe is no longer restrained and is free to stand stronger and speak louder in holding the government accountable. His political experience and professional experience as a lawyer will be more useful to the nation as a critic, activist and political leader than as a mute yes man to President Barrow. He will no longer turn a blind eye to Barrow’s many transgressions, but will speak up and challenge him where necessary. If Barrow tries to bribe members of parliament with cars from “anonymous donors,” Darboe will be there to advise the majority UDP members to reject the “gifts” and call out the President. Now when Ya Kumba goes to court, she will have one of the veteran legal minds and prominent faces standing by her side. Now Mr. Darboe can spend more time organizing his political party in readiness to challenge Barrow and his big advantage of incumbency. A loss for UDP? Maybe. A loss for Barrow in the long run? Perhaps. A win for Gambia? Absolutely!

Ya Kumba vs President Barrow – The Supreme Court of The Gambia also made a ruling in the case of Ya Kumba Jaiteh, a nominated National Assembly member who is suing the President for revoking her nomination from the country’s legislative body. The court ruled that Ms. Jaiteh should abide by the President’s decision and that her newly nominated replacement can be sworn in to begin duties while the court makes a decision on whether the President has the power to revoke her nomination. To many, especially Ya Kumba’s supporters, the ruling is an indication that the court will side with the President. Many are angry and have started accusing the Supreme Court of aiding a Barrow Dictatorship. The topic has been one of great contention even among legal scholars. Many, including the President of the Gambia Bar Association, argue that the President does not have the right to revoke the nomination of a member of parliament once the individual has been sworn in. Many others argue that the same powers the president has to nominate a member give him the right to revoke the nomination. I’m no lawyer so I’ll trust the judiciary to do their job. My personal opinion though, is that since the elected members of parliament can be recalled by the constituents who sent them there in the first place, it only makes sense that the nominated members can be recalled by the constituent who sent them there – in this case, the President. Despite that opinion, I will respect whatever decision the Supreme Court makes. I hope other Gambians also learn to trust the process and respect the court. Storming the court to express one’s anger can be seen as an attempt to intimidate the judiciary and anti-democracy. We should also note that it’s not a dictatorship simply because you did not get your way. Is Barrow right? Maybe. Is Ya Kumba right? Perhaps. The court will decide. The good I hope will come out of this is that the biggest party, the UDP, will now join the rest Gambians to work on making constitutional changes so we no longer have any nominated members. The Parliament is supposed to hold check the powers of the President. It therefore makes no sense to allow a President to handpick 5 members, including the Speaker, to be in the body.
I hear some argue for the nominated members to represent certain minority groups who may otherwise not be represented in parliament. While i am all for inclusive representation, I don’t think the system as it currently is is the solution. For starters, at no point since Independence has the President ever filled those seats with minority groups. It’s always been privileged people or political carrots for the President’s political allies. Second and more importantly, if we want minority representation, then how about allow those minority groups to elect their own representatives? That’s a lot more empowering than giving the President powers to nominate. I hope this move by Barrow is a reminder and an inspiration for all of us to fight hard to stop allowing nominated members inside a body of elected representatives.

Gambia Press Union President vs Journalism – Finally, we saw the video of Sheriff Bojang Jr, the president of the Gambia Press Union, thrown F-bombs at a journalist who simply asked him for commentary on a case at the Supreme Court. Mr. Bojang screamed that the journalist was “reckless” for asking him to comment because he (Bojang) was not a lawyer…and then told the journalist to “f**king put the mic down.” Of all the day’s stories, this one was the most disappointing to me. Journalists around the world continue to face harassment and persecution, including death and imprisonment at the hands of authoritarian leaders. Gambian journalists in particular have been murdered, tortured and sent into exile over the past 2 decades. As the nation emerges from such times for journalism and freedom of the press, journalists need all the help they can get to build the confidence to do their jobs without fear. Nobody should understand this more than someone who assumes the position as leader of all the journalists, and the editor of his own paper, The Chronicle, in the country. It is therefore sad and shameful that Mr. Bojang, for whatever reason, acted in such a manner…and the calls for his resignation are highly justified!
To his credit though, Mr. Bojang was quick to issue an unreserved apology to the journalist he abused, all journalists and all Gambians. This apology supports the many who came out in his defense to attest to his character as a decent guy and argue that his resignation would be a loss to the Press Union. While i take their word for it and hope Mr. Bojang stays on, I must say that his actions are utterly disappointing and I hope he learns from the moment and uses the video to teach how not to treat a journalist. I hope he works extra hard to prove his supporters right through his work at both the Chronicle and at the Gambia Press Union.

President Bio’s agenda will guarantee his legacy and place in history” Kristalina Georgieva, World Bank Group Interim President

_“We are impressed with your performance just 10 months in Office. So we are ready to support your government” Hafez Ghanem, World Bank vice President for Africa Region_

*Washington, DC, Tuesday, March 12, 2019* – The World Bank Group has committed US $325 million to increase financial support in Sierra Leone during a meeting held in Washington on Monday 11th March 2019 between His Excellency President Julius Maada Bio and the World Bank Group Interim President Kristalina Georgieva. President Georgieva commended President Bio for his bold economic reforms and added that she recognized the President’s aspiration for the dignity of a nation and standing in the world. She said “President Bio’s agenda will guarantee his legacy and place in history.”

Also commending President Bio, the World Bank Vice President for Africa Region, Hafez Ghanem said “we are impressed with your performance just 10 months in Office. So we are ready to support your government.” The meeting discussed a range of issues from increased World Bank Support to Sierra Leone under IDA-18 (US$ 325m); progress on the new Extended Credit Facility (US$ 172m) under the program with the International Monetary Fund; fiscal consolidation efforts by the Government of Sierra Leone; plans on debt restructuring and arrears clearance (US$ 1.4 billion) and prospects for financing the gap of US$1.5 billion under the country’s new Medium-term National Development Plan (2019–2023).

President Bio expressed appreciation to the World Bank for the support to his new government and Sierra Leone. He stated that the new development paradigm in Sierra Leone has ensured strategic shifts toward (i) Human Capital Development for national development (ii) Science, Technology and Innovation and (iii) greater Private Sector Participation to address the country’s vast infrastructure needs and support its growth prospects. He also spoke about his determination to fight corruption. The meeting included discussions on Sierra Leone’s new Medium-term National Development Plan (2019–2023) and the strategic alignment with the World Bank’s Country Partnership Framework (CPF).

The meeting concluded with agreements on the following: a World Bank’s support to the energy sector through additional financing for electricity generation, distribution and transmission; a proposed roundtable discussion on Energy in April 2019 during the World Bank/IMF Spring meetings; commitment to rural electrification and solar energy; support to women and girls through women’s empowerment, addressing high maternal mortality, addressing girls education and incentives to keep girls in school and support to reproductive health services; support to the private sector growth; increased access to internet; increased budgetary assistance and the additional support for social safety nets for vulnerable groups, women, and youth, including people living with disabilities.

The increased financial support to President Bio coinciding with his first year anniversary in office demonstrates the international economic credibility President has restored in Sierra Leone. He inherited a country which the International Monetary Fund had suspended its Extended Credit Facility in 2017 because of economic mismanagement by the previous government. President Bio has also shown sterling leadership by investing in Human Capital Development and earned the confidence of donors and international community. It can be recalled that the World Bank has also recognized Sierra Leone as an “Early Adopter” of the Global Human Capital Development Project because of government’s commitment to human capital development.

Other senior management officials from the World Bank in attendance at the meeting with President Julius Maada Bio were Hafez Ghanem (Vice President for Africa Region), Annette Dixon (Vice President for Human Development), Henry Kerali (Country Director for Sierra Leone) and Gayle Martin (Country Manager for Sierra Leone). High ranking officials from the Government of Sierra Leone included Professor David Francis (Chief Minister), Ambassador Sidique Abou-Bakarr Wai (Sierra Leone Ambassador to the US), Patricia Laverley (Deputy Minister of Finance), Dr Moinina David Sengeh (Director, Directorate of Science, Technology and Innovation) and Sahr Jusu (Financial Secretary). The Technical teams on both sides will work together to develop a more robust pipeline of transformative projects to deliver in Sierra Leone.