By: Mama A. Touray

Shortly after Justice Mohammed Lekan Owolabi of the Brikama High Court ruled in favor of the Governor of the West Coast Region regarding the allocation of the new market in Brikama, the Brikama Area Council, through Chairman Yankuba Darboe, reacted to the ruling and vowed to appeal to the Supreme Court of The Gambia.

Initially, Justice Owolabi ruled that the Governor’s market allocation committee was not a judicial authority and that his court lacked jurisdiction to deal with what he concluded was a purely administrative and executive decision. He added that while the functions of local governments under the Local Government Act 2002 include establishing, erecting, controlling, maintaining, and promoting markets, the Central Government, through the Governor, can also exercise these functions as part of its broader responsibilities to regulate trade and commerce.

Reacting to the judgment, Chairman Darboe expressed disappointment in the court’s decision and confirmed their intention to appeal the case to both the Court of Appeal and the Supreme Court for a final verdict. He argued that instead of providing clarity and distinction between the functions of the council and those of the central government, “the court’s judgment has, in fact, further blurred the lines regarding the distinctions in functions that existed or should have existed between local governments and the central government, as clearly outlined in the Local Government Act 2002.”

“If the Central Government is now mandated to build and manage markets just as councils do,” Chairman Darboe continued, “then it should also be responsible for cleaning those markets. Furthermore, it implies that the Central Government should allocate budgets for market construction, as both entities are mandated to construct them. This means citizens cannot expect only the councils to build and manage markets for them.”

Darboe further argued that allowing the Central Government to assume the functions of the council, as stated in the judgment, would undermine constitutional provisions under Section 193, which stipulate that councils should maintain a high degree of autonomy from the Central Government. He emphasized that the constitutional objective could not be achieved if the Central Government is obligated to perform the same functions as the councils, noting that this was precisely why separate functions for the Central Government and Local Government were outlined in the Local Government Act 2002.

By Mama A. Touray

Following the adoption of the National Assembly Standing Committee on Education, ICT, and Training’s recommendation that the Government should place a ban and sanction on reckless driving, particularly “stunting,” by students or around school premises, National Assembly members for Sannehmentereng and Serrekunda constituencies welcomed the idea and urged that the recommendation be further broadened.

The recommendation emerged from a report on visits to private schools, madrasas, GSM operators, ISPs (Internet Service Providers), and TVET institutions conducted by the NA Standing Committee on Education. This was part of its mandate to conduct oversight on educational institutions, ministries, departments, and agencies dealing with education, training, and ICT. The visit aimed to ensure that these institutions are properly conducting their state-mandated duties to enhance efficiency and transparency in their service delivery.

Hon. Fatou Cham, NAM for Sannehmentereng constituency, described the recommendation as laudable, stating that reckless driving, particularly stunting, is becoming an issue in The Gambia, especially during holidays. She noted that sometimes students dodge lessons to rent a car for stunts.

On how to broaden the recommendation beyond school premises, Cham suggested, “It can also be recommended that any student found engaging in reckless driving maneuvers, not only within the school premises but in any area, should be dismissed or expelled.” Cham further referred to car stunts as “a very bad act as this behavior causes accidents.”

Hon. Madi Ceesay, NAM for Serrekunda, shared a similar opinion with Hon. Cham. He suggested, “I would like this recommendation to be broadened to include anyone because car stunts have claimed so many lives. The government should totally ban it in communities.”

Ceesay also urged the committee to consider the lack of security in schools as they recommended the establishment of computer labs in schools. He added that most schools within the Greater Banjul Area are subjected to burglary and theft, citing Serrekunda Primary School as an example.

By: Michaella Faith Wright

Speaking at a rally in Brikama on Saturday, opposition leader Ousainu Darboe called on President Adama Barrow to stop development on a contentious plot of land in South Atlantic, asserting that the property belongs to the government.

Darboe initially raised concerns about the land allocation at a press conference last month, seeking clarification on whether the land had been allocated to President Barrow. In response, Land Minister Hamat Bah confirmed the allocation in a press statement, stating that no one was occupying the plot and that he had used his discretion to allocate it to Barrow. Bah drew parallels to similar allocations received by Darboe and his family, accusing the UDP leader of attempting to create controversy and malign the president. “The president, like every Gambian, has the right to be allocated land,” Bah asserted.

However, addressing a rally in Brikama on Saturday, Darboe insisted that the land allocated to President Barrow is government property and not part of an approved layout. “We urge you to cease any development on that land because you are developing land that belongs to the government of The Gambia, not an approved layout. This is a government asset. In fact, it’s akin to committing an economic crime, and I believe anyone involved in that can rightly be charged,” Darboe stated.

Responding to the Land Minister’s claims that he and his family benefited from government land allocations, Darboe clarified his position: “When I received my land, Mr. President, you were still in school, and I did not hold any political position that could influence the minister of lands to allocate land to me. I was just a civil servant, like all others who received similar allocations then. We received it because, according to the eligibility criteria, we deserved it.”

Darboe further argued that his daughter, Fatoumatta Fenda Darboe, received her land allocation after he had left office, making it impossible for him to influence the decision. The same applies to his wife’s allocation in 2022. “To claim that I was Foreign Minister and Vice President at the time of those allocations is misleading. They misused their official position, and I never used my position as a minister to obtain anything for my relatives or myself. I have never done so because I considered it morally wrong, even if it was not legally wrong,” Darboe emphasized.

He challenged Land Minister Bah to explain why he “took our land and gave it to Adama Barrow,” adding, “That is what you need to explain to the Gambian people, not release comical press statements.”

Darboe called on every Gambian to demand that the appropriation of government property be reversed and the property returned to the government of The Gambia. He advised President Barrow to halt any development on the disputed land in his own interest. “If you proceed, and there is a change of government, you will lose, because you have been warned not to continue. I advise you and the minister that if you have any moral conscience, these are actions that should not happen. Even Yahya Jammeh, despite all his actions, never appropriated government land in his name. How can you come into government to rectify wrongs and then perpetuate them, expecting Gambians to turn a blind eye?” Darboe questioned.

The controversy surrounding the land allocation has sparked significant debate within the Gambian political landscape, with calls for transparency and accountability in the management of public assets.

By Alieu Jallow

Almameh Gibba, National Assembly Member for Foni Kansala, stated that they will not be terrorized. He made these comments in an exclusive interview with the Fatu Network ahead of the much-anticipated debate on the Women Amendment Bill 2024, which he is championing. “Whatever it takes, we will not be terrorized.”

On Monday, July 8th, the National Assembly will table the Women Amendment Bill for the third time after it was referred to the ABC Committee of the Assembly. The Women Amendment Bill 2024 survived a significant challenge after parliamentarians voted for its second reading, which led to dialogue, consultation, and the development of a subsequent report.

Almameh Gibba emphasized that they are ready for another battle of ideas, citing section 32 of the 1997 Constitution, section 25 c1, and section 4, which he stressed cover all the other provisions he referenced.

“So, we are relying on the Constitution, our religious beliefs, and our traditional aspects, which we have the right to, and we are backed by the Constitution. We wait. I do not want to pre-empt the report; I want to lay my eyes on it. Monday’s session will be explosive, and we will hit them hard to inform and re-educate them that they can’t mess with 75% – 80% of Gambians on what they believe,” he stressed.

The champion of the much-debated bill noted that even if the report is not in favor of the Bill, Gambians are in favor, underscoring the citizens’ power in choosing what’s best for them.

“As a Parliament, you were made to be a Parliament by Gambians. As a President, you were made to be a President by Gambians. If the report doesn’t favor the Bill, who cares about the report? We are talking about the citizens,” he said.

Gibba asserted that they will be able to regulate the time and stop the clock at the appropriate moment in the interest of Gambians, not foreign bodies or organizations.

By: Dawda Baldeh

The two task force committees unveiled to investigate Tambi Wetlands at Cape Point and Jeshwang, as well as irregularities within government-designated layouts, have pledged a thorough and impartial investigation into land allocation allegations across the country.

Their mandate is to investigate illegal activities comprehensively and recommend appropriate actions to rectify the situation and prevent future occurrences.

These initiatives aim to address longstanding issues, streamline processes, and ensure equitable access to land for all Gambians.

Speaking to journalists at the committee’s inaugural meeting yesterday, the chairmen solemnly promised to serve the country’s interests.

Baimas Taal, Chairman of the Tambi Wetland Task Force Committee, expressed appreciation for the opportunity to serve the country.

“We will ensure that we do our utmost best to fulfill the task force’s purpose without bias,” he said.

He continued, “We will support you, Minister, in achieving this goal.”

Mindful of the challenges ahead regarding land issues in the country, these committees are dedicated to serving the nation.

Kebba Njie, Chairman of the Government Layouts Task Force, acknowledged the complexities of their task and reiterated their commitment to serving the public interest by delivering a timely report to aid ongoing government reforms.

He emphasized that proper implementation of land policy is crucial for the country’s development.

“We are honored to have been chosen to serve the people. Land issues are not unique to The Gambia; they are a global concern, and we are prepared to contribute to their resolution,” he told reporters.

Njie highlighted ongoing conflicts stemming from land disputes worldwide as a pressing issue needing urgent attention.

He noted that despite existing development in some areas, adherence to the law remains paramount, and they will recommend eviction of any property erected without due process of land allocation.

“I have no reservations about carrying out my duties. It’s a challenging task, but we are prepared,” he emphasized.

Hamat NK Bah, Minister of Lands, Regional Government, and Religious Affairs, underscored that the establishment of these task forces demonstrates the government’s commitment to addressing land disputes nationwide.

He identified escalating land conflicts as a troubling trend that must be addressed to prevent violent confrontations.

“Land crises are on the rise daily, which is alarming,” he stated.

Bah questioned why stealing a car results in charges but stealing land often goes unpunished.

“People are defrauding Gambians of millions under the guise of agencies,” he lamented.

The Minister assured the committees that the government will implement any recommendations they propose after their investigation.

“Whether you are a minister, director, or permanent secretary, you have no authority to allocate land without due process,” he stressed.

Bah continued, “We have observed instances of double land allocations by individuals who disregard the law. Some individuals blatantly flout the law when it comes to land.”

He emphasized that people take land issues seriously and promised to diligently implement the committees’ recommendations for the country’s betterment.