Thursday, September 19, 2024

Retired Lt. Colonel Samsudeen Sarr Criticizes Amendments in the 2024 Draft Constitution

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By: Zackline Colley

Retired Lt. Colonel Samsudeen Sarr, a former commander of the Gambian National Army, has voiced strong objections to the executive’s decision to fine-tune the 2020 draft constitution. In an interview with Peter Gomez on the Coffee Time show, Sarr described the 2020 draft as a “largely plagiarized charter from Kenya,” arguing that it should have been discarded entirely rather than revised.

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One of Sarr’s primary concerns centers on the alterations made to the presidential succession provisions. The 2020 draft stipulated that in the event of the President’s death or a vacancy in the presidency during the term, the Vice President, Speaker of the National Assembly, or Chief Justice would temporarily assume office, with elections to be held within 90 days. However, the new 2024 draft modifies this provision, stating in sections 96 and 103 that the Vice President, Speaker of the National Assembly, Chief Justice, or the most senior Gambian judge—if the Chief Justice is not Gambian—will serve out the remainder of the term.

Sarr questioned the rationale behind this change, asserting, “While the rationale for ensuring continuity of the President’s policies is understandable, this approach seems counterintuitive.” He pointed out the fundamental difference between the Gambian context and the United States, where the Vice President is elected alongside the President and thus serves as a legitimate successor.

“In our context,” Sarr explained, “an appointed Vice President has not been elected by the people and should not automatically govern in place of the President.” He suggested two alternatives: either require presidential candidates to select their running mates before the election, allowing them to be elected together, or retain the 2020 draft provision that mandates fresh elections within 90 days in the event of a vacancy.

Sarr also expressed concerns about the limitation of free education to only the basic level in the new draft. He argued that free education should be extended to cover both basic and secondary levels, noting, “This change will greatly enhance the nation’s educational standards, especially during a time when many average families struggle to afford school fees, particularly in polygamous or extended households.”

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Sarr’s comments highlight significant points for reconsideration in the draft constitution, urging the executive to prioritize fairness to the citizens.

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