Rejoinder to Lamin J Darboe

Re: The Constitutional Review Commission was Lawfully Constituted

The Constitutional Review Commission (CRC) was inaugurated on June 4 by Pres. Adam Barrow. Soon after Lawyer Lamin J Darboe contended that the CRC was unlawfully constituted in a piece laden with flowery language. Yet in the entire piece Lamin did not spell out any act or process based on law that points to the illegality of the composition of the CRC. I wish to contend the contrary to say that by the CRC Act, the president had lawfully constituted the CRC.

Lamin first impugned the nomination and appointment of the Commissioners by claiming that the AG, TANGO, NYC and the Gambia Bar Association had no nominating authority hence their ‘nomination’ of Commissioners was unlawful. As he rightly stated the power to nominate the Chair and Vice Chair are vested in the Minister of Justice while the nomination of the other nine members was vested in the president ass per Section 4 of the Act. In terms of the appointment of the commissioners, this power was exclusively vested in the president in Section 5.

It appears Lamin’s contention is that those aforementioned organizations nominated the commissioners contrary to the Act. But the issue that Lamin must focus on is the process of nomination on which the Act was silent. The Act did not spell out how the president should nominate and appoint, i.e. what procedure should he follow. It only says in Section 5(2) and (3) that in making the appointments the president must consider certain factors such a diversity or values or status, etc of the persons to be appointed.

This provision therefore begs the question as to how then would the president nominate his nine people? Because the Act is silent on this, it means the president has the discretion to employ any means to nominate. He could unilaterally identify individuals on his own or he could consult with other stakeholders to submit names to him directly or through his Ministry of Justice or through some other channel.

I think it was therefore wise that the president did exactly that when the Ministry wrote to various stakeholders such as the Gambia Bar Association, TANGO and the National Youth Council, as far as I know, to ask them to provide three names out of which the president would nominate one. Consequently when those three names were submitted, it became clear that a selection was made out of them. Thus it can only be said that these were the nominees of the president in line with the Act.

Hence I think Lawyer Lamin Darboe was merely reading the Act from a mechanical point of view but did not consider the whole gamut of the process. For example TANGO was requested to submit three names and only one was finally nominated. Thus it would be wrong to say it was TANGO that nominated its candidate. Rather whoever chose from the three did the final nomination of that single person.

Lamin also impugned the appointment of the Chief Justice or his designate as the Chair of the Commission that it undermines the separation of powers principle. The position of chair and vice chair is stipulated in the Act under Section 4(1)(a) and (b) respectively. It says the chair of the CRC shall be the Chief Justice or a judge of a superior court. The vice chair is to be legal practitioner of at least ten years standing. Lamin says such appointment undermines separation of powers. I disagree.

In the drafting of  a constitution for a country there is no better candidate to chair that process that a legally minded person, and for that matter the legal mind that holds the highest legal position hence the Chief Justice. The contention that the CJ will undermine separation of powers has not been made clear by Lamin even when he attempted to refer to some case laws and other sources which I found irrelevant to the subject.

Going through CRCs around the world one could see various patterns in which sitting or former judges or independent legal practitioners were appointed as chairs or vice chairs. Hence there is no universal rule as to who chairs the CRC. Here are examples. In 2011 when Tanzania set up its CRC, Pres. Kikwete appointed the former AG as Chair and the former Chief Justice as Vice Chair. In Ghana, former president Atta Mills constituted the CRC in 2010 and appointed an Emeritus Professor of Public Law as its chair. In India a retired Chief Justice chaired the CRC. Hence why cannot the Gambia have its Chief Justice, sitting or retired chair the CRC?

But more importantly the Chief Justice or his designate neither nominates nor appoint himself. Secondly the Chief Justice as chair or vice chair is leading a group of people who are all independent from many backgrounds such that the idea of the chair interfering or manipulating the work of the CRC is far-fetched. Any member can resign when such manipulation is attempted by the chair. Thirdly as Chair of the CRC, how would the CJ undermine or influence the other organs of the state such as the Executive and the Legislature since separation of powers relates to the three arms of the State?

Therefore how a CJ as chair of the CRC would conflict with separation of powers has not been explained by Darboe. But understanding what constitutes separation of powers, it is hard to see how such appointment is indeed an issue there. The potential risk one can reasonably allude to might be that the CJ may interfere with the work of the CRC. But then Lamin did not explain how the CJ could undermine the independence of the CRC or cause undue influence in the work of the CRC?

In fact the independence of the CRC has been guaranteed in the Act under Section 7 that in the execution of its function the CRC shall not be under the direction or control of any person or authority. Therefore how can any authority or person, even if such person is a member of the CRC interfere with the independence of the CRC? Lamin did not elaborate on this issue!

On the lack of parliamentary oversight in the nomination and/or appointment of the commissioners, this cannot be a reason for the unconstitutionality of the CRC. This is simply because the Act did not give such powers or functions to the National Assembly in the first place hence such powers cannot now be claimed by anybody. While this is a valid observation, it should have come earlier before the bill was approved by the National Assembly members themselves.

So either the Government deliberately failed to widely share the bill to seek public input or citizens did not actively engage in the process so as to raise this genuine issue of parliamentary oversight. Now that we got to this stage we cannot cry over spilt milk. In fact the NAMs themselves failed the Gambia when they had the opportunity but did not raise that issue so that they could have the power to vet who becomes a member. Unfortunately they just went ahead to approve regardless.

In conclusion I think the charge that the CRC was unlawfully constituted as per the Act is untenable. I contend strongly that the CRC was lawfully constituted.

For he Gambia Our Homeland

Madi Jobarteh

By Alhassan Darboe, Gunjur Newsonline

University of The Gambia made history Saturday by producing its first ever PhD graduate in collaboration with University of Gaston Berger. The degree is in Mathematics bagged by John T. Mendy, a student of University of The Gambia. Speaking at the convocation ceremony, Vice Chancellor, Professor Anjum of university of The Gambia  hailed the event as a historic mile stone for the Gambia, Africa and the world.

“It is indeed a significant achievement for the Government and the people of The Gambia that our sons and daughters are winning laurels right here at home. Higher Education confers on its beneficiary the intellectual capacity, skills and knowledge that can lead to the overall development of the individual and by extension national socio-economic development.

The role of tertiary education as the catalyst for development cannot be overemphasized when one looks at the prosperity enjoyed today by some small nations whose past economic history are not dissimilar to that of today’s Gambia.”

Professor Anjum also hailed the strategic partnership University of The Gambia continues to enjoy  from Gaston Berger University in Senegal which continues to educate and train graduate students for Gambia’s first ever university.

“Gaston Berger University is one of our strategic partners in the sub region.  In the last 5 years, University of The Gambia partnered with Gaston Berger University to run a Master of Science degree programme in Mathematical Modelling. Under that partnership arrangement, a dozen of students and staff of UTG obtained the Master of Science degree in Mathematical Modelling.

This significantly boosted our stock of Mathematics lecturers who today constituted the nucleus of the Faculty in the Mathematics Department.”.

Professor Anjum also hailed first ever made in The Gambia PhD graduate while expressing optimism that more graduates would be rolled out once they defend their thesis by the end of the year.

“It is also gratifying to note that one of the graduates of the MSc Modelling Programme, Mr. John T. Mendy, who had also enrolled in the ACE PhD programme, has performed creditably well by being the first in his group to successfully complete his PhD Programme in Mathematics. We are hopeful that the other UTG Math and Computer Science PhD candidates will defend their thesis in November/December this year.” Anjum concluded.

Also breaking the news on his Facebook, Professor Muhammadou Kah co-architect of the program and former Vice Chancellor of UTG rejoiced “Congratulations Dr John Mendy. This is a brilliant achievement for you, The UTG, UGB, our country The Gambia and Senegal! It is indeed historic! Our very 1st PhD! Today is a great day! I am proud of you and overwhelmed with joy.”

Overjoyed Professor Kah also took time to thank all those who contributed towards the historic achievement registered by UTG in producing its first made in The Gambia PhD of which he has been the co-architect, designer, inspirer, co- implementer, reviewer and supporter when it all started over coffee in his living room with Mary Tew Niane, then UGB VC/Rector.

“This feel so good! You’ve helped us achieve the vision that Hon Mary Tew Niane, then UGB VC/Rector and me architect over coffee in my living room! His support, commitment of Resources resulted in this great achievement and continues contribution to our Human Development.

I also wish to congratulate our dearest faculty colleagues from UGB, current VC/Rector of UGB, my dearest brother and colleague Former Vice Chancellor/Rector of UGB and now Hon Minister of Higher Education, Research, Science and Technology -Hon.Prof. Mary Teuw Niane.”

Reacting to the historic feat by UTG, Balla Garba Jahumpa a former government minister commonly known as action man for his pragmatism also chipped in “Congratulations to Dr. John T Mendy and all those who supported him including our own Prof Kah. Well done Dr. Mendy.”

‘‘According to reports, a young villager who belongs to the Christian faith, died and was to be buried in the Christian cemetery; that some people refuse family members of the deceased to bury their loved one at the cemetery because the land where the Christian cemetery is located is said to belong to one Seedy Barrow of Gunjur village; that Seedy deliberately decided to seize the whole land area which included the grave yard’’. (Foroyaa, June 7,2018).

According to the Christian community in Teneneh, they were burying their deaths in the said plot of land for almost 50 years. Therefore, any outsider claiming ownership of the 50 years Land will violate the 1997 Land Acts of the Republic of The Gambia which stated that no single Gambian should claim ownership of land which he never built or used as Agriculture purposes for the past 12 years.

It is very sad to see the minority being suppressed and subjected to all kind of inhumane and immorality pain in The Gambia that belongs to all religions, tribe, race and gender. The above mentioned have been aggravated by politics. It is sad to say that but most politicians either publicly or privately try to encourage tribal sentiments for their own self-centred interests.

Furthermore, many a tribalist traces the perceived superiority of their tribe to ethnic lineage. They will recount how their forebears defeated the other tribes in a war or a series of wars, or sometimes how their forebears enslaved the other tribes. Such people take pride in their history and no amount of persuasion can make them to see today’s reality. They believe that since their ancestors were “better” than the other tribes, so also are they now which is a major obstacle of land dispute in today’s Gambia.

By this we mean that tribes which are endowed with abundant resources and opportunities often tend to disrespect people from other tribes especially the minority who come to seek work/stay on their land. Similarly, tribes which have the seat of power tend to think that they are better than others and sometimes look down on them.

Growing as a child staying and attending the same school, the same football club with the manjago’s, I came to realize that they are the most hardworking and trustworthy people ever to live in The Gambia. Armed robbery, theft and rape is the order of the day in the new Gambia, but hardly have you seen a Manjago part of such an ungodly act. The Manjago’s are always content to what they have and treat all people within the state of nature with respect and dignity.

Portraying the Manjago’s as strangers in The Gambia is the highest insult and hypocrisy of the 21st Century. Until and unless we change our attitudes as per the teaching of Islam of ‘sharing and caring’ The Gambia will never be at peace.

The last time I checked Land conflicts can be persistent, and this suggests caution in talking about conflict “resolution.” Particular disputes over specific lands, which may be expressions of a larger conflict, can be resolved, and this can ease tensions. While local and traditional institutions like village Alikalos, councilors, religious and traditional leaders, and other stakeholders can often resolve local land conflicts.

I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. I believe that unarmed truth and unconditional love will have the final word. (Martin Luther King, Jr.)

A Luta Continua

Saidina Alieu Jarjou

Political Activist

It is the inexorable law of nature that every creature will succumb.

Stated differently, human life is transient. In a limited sense, and in our geographic circumstances, what permanence there is belongs to the physical entity called Gambia and its betterment must therefore constitute our collective preoccupation. It is incontestable that we are a posterity to generations past as those yet unborn will be to us.

For some time, and due mainly to endemic mis-governance, Gambia’s permanent location was the edge of the precipice.

What escape then for a country so situated for the better part of a half century!

But mis-governance is not merely about pilfering public resources, about conceptualising, deploying and perfecting the depraved art of unlawful arrest, detention, torture and killing of innocent persons with impunity and for no consideration other than the thrill of sadism.

Mis-governance can also be manifested in the absence of fairness going to the distribution of public resources by public figures in the name of public authority.

In the tumultuous last decade of the struggle for liberation when Professor Babil Mansa was at the height of his depraved rule, when fear pervaded the public life of our nation, and when the chatter decibels on the Gambia Post, and Gambia-L – then the epicentres of civic education and theoretical protest – were at their highest, aspirants to the pinnacle of Gambian public life were on notice that the Third Republic would be a very noisy environment.

The writings were on the wall that the natural yearning for freedom, and the proliferation of education at all levels would unleash new energy in the uncharted territory of unadulterated democratic life in Gambia, that all birds would want to sing, and in that cacophony, some songs may offend public figures.

But those songs are necessary and must be sung especially when they go to legality, to the transcendental value and democratic prerequisite of the rule of law.

With our great man of letters dethroned thanks to a historic arrangement between political parties, Gambia must build anew. On that memorable day of 02 December 2016, I was attending a forty day charity at Yundum when the electoral suspense was broken with the announcement the country had a President-elect in the person of Adama Barrow, the candidate whose face was not known outside a small circle of his party before securing the coveted position of Coalition flag bearer for what became a historic presidential contest.

As the crowds poured on the streets from the coastal community of Gunjur to the hinterland of Yundum, I encountered every emotion on the roads that day. What overwhelming experience! Opposite the Gambia College, a billboard was stripped of the Professor’s hated image and a funeral pyre organised for it. No one was talking economic issues. The universal refrain was “slavery is over in The Gambia”. I understood that as legality and fairness, in short, the rule of law, will be enthroned in this brand new country of ours.

A new country must have a new governing document, and there was overwhelming support for a new Constitution especially since the extant one was orchestrated by the deposed puppeteer of the day, the grandmaster and totalitarian political midwife who was present at the critical juncture of its creation. As he was interested, had absolute power, and wielded the veto, the resulting product was way short of the minimum standard a document like a national constitution must acquire to pass the requisite test of balance and neutrality, a document, so to speak, that can serve as a fitting legacy for posterity.

And so a Bill was transformed to The Constitutional Review Commission Act 2017 (the Act), “an Act to provide for the establishment of a Constitutional Review Commission to draft and guide the process of promulgating a new Constitution for The Gambia and for connected matters”.

For present purposes, pertinent issues going to the naming of Commissioners for the Constitutional Review Commission (CRC) revolve around the following sections of the Act:

4: Composition of the Commission

(1)  The Commission shall consist of:-

• A Chairperson who shall be the Chief Justice or a judge of the superior courts designated in writing by the Chief Justice;
• A Vice Chairperson who shall be a legal practitioner of not less than 10 years standing nominated by the Minister; and
• Nine other members nominated by the President.

(2)  The President shall ensure that the members he or she nominates pursuant to sub-section (1) (c) are individuals of high moral character and integrity who have appropriate academic qualifications and experience in a relevant field of expertise.

5: Appointment of members of the Commission

(1)  Subject to sub-section (3), the members of the Commission shall be appointed by the President.

(2)  The President shall, in appointing the members, have regard to the geographical, professional, age and gender diversity of The Gambia.

(3)  A person shall not qualify for appointment as a member if he or she:-

• is a serving member of any discipline force, whether in The Gambia or otherwise;
• has been convicted of an offence involving dishonesty or moral turpitude;
• is not a citizen of The Gambia;
• is a member of the National Assembly; or
• is of an unsound mind.

I shall dispense with consideration of “high moral character and integrity”, and suspend interrogating “appropriate academic qualifications and experience in a relevant field of expertise” under section 4 (2) of the Act.

In light of the fact that the President and the Minister are accorded specified “nominating” authority by the Act, it is pivotal that the issue of who appointed the Chief Justice, or his designate, to Chair the CRC be ventilated especially considering the surgical precision with which the National Assembly (NA) was excised from participating in the process.

According to information in the public domain, the Attorney General and Minister of Justice (AG) nominated Mrs Salimata Touray, Mrs Fatoumata Jallow, Dr Melville O George, Mr Lamin S Camara, and Mrs Hawa Kuru Sisay Sabally (Sisay Sabally). Except in the case of Sisay Sabally, the AG acted outside the contours of his permissible authority, thus rendering his nominations void and of no legal effect. It is regrettable that the AG gathered about himself powers that are not his to project and without offering any evidence of donation. This constitutes a glaring disregard of the Act by the AG. He simply sat in his office, picked the phone and spread the pork – in US Congressional Appropriations jargon – to a select few and without colour of law for he was in physical possession of a copy of the Act.

Again, the Gambia Bar Association’s (GBA) nominees in Mr Gaye Sowe, and Mrs Janet Sallah Njie are equally void and of no effect in so far as the Act gave no nominating authority to the GBA.

In similar vein, the nominations of Amie Joof Cole, Mr Yankuba Dibba, and Mr Yankuba Manjang, by the Gambia Press Union, The Association of Non-Governmental Organisations, and the National Youth Council, respectively, are void and of no effect. The organisations concerned have no nominating authority under the Act.

As far as geographical diversity, the requirement of section 5 (2) of the Act is not met.

I shall now consider the excision of the NA from the process and argue against the inclusion of the Judiciary in so central a role in the Commission on separation of power considerations.

The task of making a new Constitution is a serious public exercise. Therefore, the social locus must be the people first. While the President is the CEO, the people of The Gambia are the shareholders in the political enterprise. Despite being a directly elected CEO, the NA must not be a mere spectator in steering the course of constitutionalism anew. Its exclusion from a function so central to its constitutionally allocated legislative domain is incomprehensible. That the NA will have a chance to look at the document at a later stage is no justification for exclusion in the selection of CRC members.

A cursory reading of the Act reveals a subjection of the exercise to presidential discretion and judicial supervision to the exclusion of the NA. The latter is in fact the broader representative body and ought to have a role in choosing members of the CRC. Instead, it is paradoxical that no role has been given it in selecting the membership of this August body. All it had to do was debate the Bill and pass it even as it accorded immense powers to the Executive and Judiciary in shepherding this exercise.

In fact the Judiciary’s role as the interpreter of the law conflicts with a legislative function of such magnitude. The departmental demarcations in the 1997 Constitution of the Republic of The Gambia (the Constitution) are such that the role of the Chair, as a sitting member of the Supreme Court, seriously implicates separation of power principles and the fundamental right to fair hearing.

Commenting in an academic capacity, and on the separation issues inherent in this kind of scenario, Patrick O’Brien (2016), Judges and politics: the parliamentary contributions of the Law Lords 1876-2009: “Influenced in large part by jurisprudence of the European Court of Human Rights on the right to a fair trial, the blended roles of the Lord Chancellor and the Law Lords had fallen under a shadow. In the McGonnellcase the Strasbourg court held that a judge in Guernsey could not participate in a decision in respect of which he had had a legislative role. For a New Labour government that came to power in 1997 determined to modernise the constitution, the argument that the historical practices worked was no longer enough. The judicial and legislative functions of the office of Lord Chancellor were removed by the Constitutional Reform Act 2005, leaving only the executive ‘justice minister’ function. The judicial peers were excluded from Parliament in 2009, to the evident dismay of some of their number, and a new Supreme Court was created”.

Delivering judgment in McGonnell v The United Kingdom, the European Court of Human Rights, at paragraph 57: “The Court thus considers that the mere fact that the Deputy Bailiff presided over the States of Deliberation when DDP6 was adopted in 1990 is capable of casting doubt on his impartiality when he subsequently determined, as the sole judge of the law in the case, the applicant’s planning appeal. The applicant therefore had legitimate grounds for fearing that the Bailiff may have been influenced by his prior participation in the adoption of DDP6. That doubt in itself, however slight its justification, is sufficient to vitiate the impartiality of the Royal Court, and it is therefore unnecessary for the Court to look into the other aspects of the complaint”.

The decision to assign the position of Chair of the CRC to the Chief Justice, or his designate, implicates the separation of power acutely. As a sitting member of the Supreme Court, and considering his age, Justice Cherno Sulayman Jallow QC will be interpreting the new constitution, a constitution in the drafting of which he would have played a central role for years to come. This is not healthy for democracy under the rule of law.

Silence is not an option and clapping for the AG is out of the question when he so brazenly acted outside the permissible contours of his clearly specified authority under the Act. It is unclear where the selection of the Chief Justice as Chair of the CRC came from but in light of the topography of the Act, the fingerprints of the AG are all over it. On a plain reading of section 4 of the Act, it was a fait accompli without presidential input. An Attorney General ought not arrogate such power to himself!

Although today’s Gambia is clearly far less tumultuous than ancient Rome, and Civil War America, I restate in the seminal words of Brutus in Shakespeare’s Julius Ceaser “… but I love Gambia more…” and in the profound delivery of Lincoln in his second inaugural address: “with malice toward none, with charity for all …”.

Lamin J. Darbo

Baba Fatajo, Managing Director of the National Water and Electricity Company (NAWEC) said during a press conference on Thursday that the country’s embattled electricity problem would be solved by the end of year.

“We will have 24 hours electricity within the entire country by the end of the year,” NAWEC Managing Director Fatajo said.

MD Fatajo made these remarks at a press briefing held at the company’s Headquarters in Kanifing.

The NAWEC Managing Director told members of the press that the company is pretty much comfortable with its power generation, particularly the electrification of communities within the Greater Banjul. He also spoke about the OMVG rural electricity expansion project which imcludes the Kiangs, saying the projects will be completed by next year.

“Within the next one week the entire North Bank will have 24 hours electricity,” he added.

MD Fatajo went further to explain how the country’s energy sector would benefit from the pledges made at the Donor Conference held last month at Brussels.

“The outlook looks very promising,” he told journalists.

He outlined plans to install another transmission from Kaolack to supply electricity to the country.

When asked about the cost, he said the expenses are cheaper than the amount they were spending at rural Gambia. He added that the biggest challenge facing the company is the supply of water to urban settlements such as Brusubi, Brufut and Bijilo among others.

“A contractor is already mobilized who is doing a survey,” he said

The NAWEC boss answering a question said the rural water project is not under the purview of his company but the Ministry of Water Resources.

Meanwhile, the MD made it clear that the OMVG project has no environmental costs.

Following announcement of the establishment of a Gambia Police Force (GPF) Radio station, many cynics expressed dismay, condemnation and doubts over its necessity.

Here is a bit on why POLISO FM is needed. The establishment of POLISO FM is in a bid to further strengthen our responsibility of protection of life and property, maintenance of law and ensuring peace and security. GPF has a daunting task of ensuring internal security and garnering community support and partnership will be a sure way of achieving its responsibilities.

Community Policing is one instrument through which GPF has been able to maintain law and order. However, for any successful community policing initiative, communication is essential and having a radio station of its own will help foster communication and dialogue between the police and the public.

Furthermore, police has a lot of information to share with the public on crime, general security, personal security, advocacy for peaceful co-existence and many other issues that would ensure cheaper and more effective crime prevention measures. POLISO FM is set to inform and create awareness of the public on crime and safety.

It will seek to promote a collective will to respect and maintenance of law and order for a peaceful Gambia. It will also seek to promote Democratic and Intelligence led Policing through proactive measures that involve the general public. Furthermore, it will seek to break the negative notion of police being the enemy.

As to whether police has the capacity to run a radio station, I am proud to note that it does. GPF boasts of more than 120 university graduates in various fields. We have experts and professionals in different areas with long standing experience which could be of great value to the public.

Furthermore, personnel attached at the radio station will receive training and mentoring from Mediamatic which setting up the place. POLISO FM, will operate in accordance with the media laws of The Gambia and would respect and promote the good values of responsible media practices.

POLISO FM, is for the good of all peace loving people and we enjoin all the help make it a success.

PRESS RELEASE

1. The Gambia Armed Forces has observed with concern the practice of some media outlets publishing pictures of retired or ex-members of the Gambia Armed Forces (GAF) wearing military regalia in a manner that misrepresents this noble institution.

2. The use of these pictures, which often appear as part of the main or front page headline and/or story gives a misleading and confusing interpretation of the position of GAF to the general public. The high command of GAF wishes to state unequivocally that the Gambia Armed Forces is an apolitical institution and is not involved in any partisan politics neither is it affiliated with any political party in this country.

3. In view of the foregoing, the kind indulgence of the media is craved to ensure that future publications particularly those on partisan politics and involving former members of the Gambia Armed Forces do not bear any regalia of this institution.

4. While we look forward to your usual cooperation on this matter, please disseminate this for the information of the general public.

LAMIN K. SANYANG

Major

for the Chief of Defence Staff

The Members of the Constitutional Review Commission (CRC) held their inaugural meeting on Tuesday, 5^thJune 2018 at the Ministry of Justice Conference Room in Banjul. In his welcome and introductory remarks, the Chairperson of the CRC Justice Cherno Sulayman Jallow, QC commended members for accepting to serve on the Commission and expressed optimism in the accomplishment of the task assigned to the CRC.

The Commission, he reiterated, has the responsibility to review the 1997 Constitution, seek the opinions of the Gambian public through consultations, make appropriate proposals and draft a proper Constitution that will stand the test of time.

The members discussed a wide range of issues related to logistics, such as the establishment of the Secretariat, development of a work plan for the CRC, mapping out a communication strategy, modalities for public consultations with various stakeholders as well as other relevant aspects that will enrich the process to make it inclusive for all layers of the society.

The meeting is the first in a series of meetings that will be held by the CRC. It will be recalled that the eleven members of the Constitutional Review Commission were sworn into office on Monday 4^thJune at State House by President Adama Barrow.The members are drawn from different professional backgrounds and experience.

KMC Press Release

Following the inauguration and commencement of our term in office, the first 10 days has been challenging and eventful.

The following key milestones have been achieved:

1. The Mayor signed an GMD85 million contract with GAMWORKS for the development of 2 key roads in the KMC, Bundung Maternity Ward and the new KMC Council Building. This is a 90% matching grant funded by the OPEC Fund for International Development and made possible by the hard work of the previous interim management.

2. The first steps into the institutional audit, human resource and capacity review as well as organizational reform of KMC has been commenced. To this end the Council has established a Finance Committee and an Establishment and Appointment Committee made up of experts in finance, law, public sector governance and Human Resources.

Over the next few months we will report on the outcomes.

3. Council members have commenced a direct study into the key revenue generating areas – licence fees, market duties and property rates to explore practical solutions of accounting for this revenue while removing leakages.

4. Nominated members are being reviewed for established of all remaining Council Committees.

5. The Board of Directors of the Bakoteh Fish Market has been reconstituted of non-partisan and qualified members that have the ability to turn around this vital institution.

6. All contracts, agreements, MOU’s and official correspondences have been suspended pending further review. Going forward all new agreements should now be approved by the Mayor. This will ensure that Council engagements are synchronized and consistent with Council policy instead of proliferation of agreements of which the Council may not even be aware.

7. Pending the outcome of the reorganization, all expenditure and procurement must now be approved by the Mayor. This has immediately impacted the high expenditure cost recorded daily.

8. New hiring of staff has been suspended pending the outcome of the review and reorganization.

9. Council sittings are now scheduled twice a month and sitting allowances have been discounted.

Information reaching The Fatu Network has it that The Gambia Telecommunication Company (GAMTEL) is facing serious financial leakages at the International Gateway due to rampant fraud calls happening within and outside the country.

According to reliable sources, the International Gateway is compromised due to the lack of adequate equipment to curtail fraud calls. It is said that the Company is currently using a Huawei Switch, which is a local platform that cannot fully monitor certain international calls as it lacks required sophisticated gadgets.

“It is not sophisticated like Alcatel and Tata,” a GAMTEL source said.

“A lot of fraud calls are diverting the Switch causing revenue loss to the nation,” he added.

It is alleged that a Telecom Company known as Liquid Solutions partnering with a Gambian Businessman is at the centre of the controversy as it took over the International Gateway from the MGI Company. Some senior government officials are accused of having connections with this company.

Sources within GAMTEL further raised concerns about the possibility of handing over the Company’s Fibre Backbone to the Public Utility Regulatory Authority (PURA) to share with Private GSM Operators.

“This is where GAMTEL is making money,” a source said.

At the reception of the ACE Building, this reporter saw the MOICI Permanent Secretary and QCell Proprietor among others coming from a meeting.

Kebba Bojang, Director responsible for the International Gateway confirmed the fraud calls but said it is a global phenomenon.

“It is not only a Gambian problem,” Director Bojang said.

Bojang, explained that the culprits are using Sim Cards of different operators in a particular cell phone or boxes known as a sim box that could take about hundred sim cards to facilitate calls from outside the country. The international calls  are then directed to sim boxes to connect the calls with local numbers.

“Unfortunately, we do not have adequate equipment to curtail the fraud after MGI left,” he added.

He calls on the government to invest on the International Gateway by putting on the right equipment.

“If the government feels they are losing lot of revenues then they need to invest on the right equipment,” Bojang stated.

“We have never benefitted from the Gateway,” he noted.

Mr Bojang said fraud has increasingly become a major challenge in the new dispensation which was not the case under dictatorship when security would crackdown on suspects and take them to court.

“We will compromise our national security if the company falls in the hands of foreigners.”

Bojang told The Fatu Network that he was not aware of the alleged proposals to share the Fibre Backbone with Private GSM Operators.

“If that happens it will be very disappointing.”

He argued that GAMTEL should be a resource generating institution for the country provided that the new government is willing to invest.

Meanwhile, reports of growing anger and dissatisfaction amongst the staff of GAMTEL/Gamcel on the suspension of the Company’s Managing Director by the Office of the President (OP) is filtering out. There are reports of possible sit down strikes.

“There are people at State House who are misleading the Presidency,” a source told The Fatu Network.

The disgruntled staffs are calling for the immediate reinstatement of the Managing Director.

Mr Susso, Managing Director of GAMTEL was suspended based on directives from the Office of the President in relations to an alleged ‘investigation’ launched on the MGI Company. But, it is said that the suspension is a witch hunt.

Dear Fatou:

Recently, our dear mother -land continues to makes headlines throughout the world, particularly when it was announced that The Gambia is to gain at least 1.45 billion Euros from her donors. This developing story sparks debate both off and online which continues dominating most political discussions not only in the country but in the sub region. In my last article, I echoed the opinion expressed by those who raised concern: is foreign aid truly making a difference in terms of economic growth and good governance in Africa? Though everyone is at liberty to reach their own conclusion, in support of my argument, let me highlight the following:

First of all, let me make it absolutely clear; ifsomeone actually asks me, does The Gambia really need foreign aid?  My answer will be YES, the country really needs aid in order to boost her fragile economy which is essential in fixing its broken institutions as well as paying off its foreign debts but of courseat the expense of our independence and sovereignty.

Apparently, what the disciples of foreign aid fail to realise is this; there are always strings attached to it, which means any country dependent on foreign aid might be sleep walking back into the colonial era. Don’t you recognise that basically, the majority of civic laws guiding morality in third world countries including rules and regulations dictating poor economies were often designed to serve the dollar givers?

My fellow citizens let’s be honest with ourselves; our dependency on foreign aid won’t do much to improve our economy, particularly tackling poverty and illiteracy. The Gambia’s economy belongs to the categories which I often describe as a “transit base economy“ meaning that the significant proportion of our GDP, together with dollar aid, are going back into the pockets of foreigners who control 90%  of the import and export business in the country.

A common proverb comes to mind – do not feed the animal, because by feeding them, they would lack ability to hunt for themselves! Equally, African dependency on aid is killing her spirit of self- reliance which is hampering creative thinking in the continent.

One alternative to foreign aid can include these measures :  creation of social entrepreneurship in order to empower people with skills and talent; and in addition to that, government ought to financially support small businesses and profoundly prioritise health sectors as well as subsidising farmers in agriculture to ensure that food security is guaranteed for all Gambians.

Furthermore, the current education system in the country is not fit for purpose. Most children leaving school lack the ability to read or write.Consequently, educational reforms which will establish institutions providing quality education for childrenallowing them to harness their intelligence and self-esteem are urgently needed.

Quality education would subsequently enable children to be more work ethic conscious and be more creative thinkers which are crucial for economicself-reliance and financial independence.

In my opinion, these will dramatically reduce the number of Africans, especially youths in The Gambia, aiming to reach Europe using the BACK WAY, hoping for greener pastures. Equipping future generations with quality education would approximately cut 90% of our future dependence on foreign aid.

YAYA SILLAH

Tunisia’s World Cup football team has apparently found an ingenious way to fight fatigue as they fast for the Muslim holy month of Ramadan.

In friendly matches against Portugal then Turkey, goalkeeper Mouez Hassen appeared to feign injury at sundown, when the fast comes to an end.

As he lay on the pitch receiving medical treatment, his teammates rushed to the sidelines to drink water and snack on dates.

And it produced immediate results.

Down 2-1 to European champions Portugal, Tunisia rebounded six minutes after Hassen’s injury break by scoring an equaliser and ended the match 2-2.

Days later against Turkey, Hassen stopped play by lying on his back.

Again, his teammates ate dates and drank water provided to them by waiting coaching staff. That match also ended 2-2.

Image copyrightTÉLÉVISION TUNISIENNE 1

Image copyrightTÉLÉVISION TUNISIENNE 1

Footage of that incident has been shared by a Tunisian football fan account. The story has entertained many in the country.

Pundits in Tunisia were quick to note the timing of the goalkeeper’s injuries in the second half of both matches – in the 58th and 47th minutes of play respectively.

This coincided with the time of sunset, which is when Iftar – the breaking of the fast usually with dates and water – begins for Muslims observing Ramadan.

The Tunisian football federation has yet to comment on the timing of the two injury breaks.

But goalkeeper Hassen tweeted: “I was hurt, bruv” along with laughing emojis, in response to fellow footballer Chaker Alhadhur’s jokey comment: “It’s all right now, we know you were pretending.”

All eyes will be on Tunisia’s goalkeeper when the team plays its next friendly against Spain on 9 June.

The North Africans’ first World Cup match takes place against England on 18 June, by which point Ramadan will be over.

Image copyrightAFP

What is Ramadan?

During Ramadan, Muslims are required to abstain from food, liquids and intimacy between sunrise and sunset.

The aim is to increase spirituality and religious observance through longer prayers and self-control, as Ramadan is seen as an opportunity to replenish one’s spirituality.

The intention to fast must be made every day before dawn. The intention or “niyyah” may be made during the night before going to sleep or it can also be made at the time of “suhoor” or pre-dawn meal.

It is acceptable not to fast during Ramadan if you are pregnant, have a physical or mental illness, are elderly, experiencing severe thirst or hunger, travelling, or if your life is threatened should you not break the fast.

Source: BBC