By, Gibril Saine
The principle of ‘separation of powers’ denotes division of political power of the state into three (3) distinct branches of government – legislature, executive and judiciary. Put simply, that means the splitting of government responsibilities into a power-sharing arrangement so that no one single branch may exercise total control. In the United States, it is a fundamental pillar of the democratic process in the operability of governance functions. The idea here is such that each one of the three arms of government has some measure of influence over the other two. A leverage, however imbalanced, is created thus a check & block on policy & executive conduct deem unlawful.
In the Gambia – the executive branch consists of the president, cabinet ministers, regional governors, the security apparatus of state & various bureaucracies attached to it. Although it proposes laws, the executive cannot make them. The law-making power of state is strictly reserved for parliament engaged in smart debate to amend, adopt or reject proposals all together. This shows the power of an ‘independent’ parliament, that each member of the legislative branch may initiate a ‘bill’ touching on every aspect of our lives, from taxation, trade, defence, policing, extractive industries, international agreements among others. The final bolt to the power triangle is the Judiciary, consisting of a supreme court being the highest court in the land. The function of the Judiciary is to interpret the law as stipulated in the constitution through wise judges, judgements & discretion. It may also act as a bridge between the legislature and executive branch to resolve disputes on contentions of the law – and to oversee trial in an impeachmentproceeding against a sitting president on charges of malpractice, incompetenceor abuse of political office – unchartered territory for Gambia, what a lesson to learn and discern:
The concept of checks and balances is a direct consequence of separation of powers. In other words, it is two sides of the same coin, hence one cannot stand without the other, or democracy may falter. It is a distinguished feature of prosperous democracies around the world, and a yardstick upon which good governance indicators are measured. For Gambia to be classed a true democracy, each of the three organs of government must exercise oversight on the actions of the other two. Such overlapping of power is what is referred to as checks and balances – enhancing transparency & leverage within the system.
In British politics, parliamentary systemof democracy resides designed on ‘fusion of powers’ typology premised on collective responsibility. To young students out there, that means members of cabinet (ministers) also sit in parliament to debate and defend government position on issues; introduce new ‘bills’, that cabinet ministers are expected to agree on policy decisions, ‘bite-your-tongue’ or resign. And resign they do from time to time, on principle or ethical grounds. The case of former foreign minister, Robin Cook, came to mind who resigned refusing to agree on the Blair government’s stance on the Iraq war. How rightful he really was! And what a credible man indeed he was – a principled man indeed.
Appearing on #FatuRadioNetwork, the leader of opposition GDC political party, honourable Mama Kandeh, spoke on the state-of-affairs thus far, under president Adama Barrow. The man does care for Gambia, a skilful politician, charitable towards the poor. Previous differences and concern about ‘Kandeh’ are long gone, for he has demonstrated competence. One thing for sure, a supposedly ‘president Kandeh’ will not devise a youth movement, for Gambia already boasts the ‘national youth council’. He wife won’t start a foundation, for Kandeh likes to move around listen to the needs & concerns of ordinary Gambians. He will not open ‘investment desk’ at State House – but let GIEPAfulfil its remit.
The GDC leaderhad intimated that ‘convicts ought not allow to serve in government’, as scribed in the law-book. I think all conscious-driven Gambians agree to that, calling on the ad hoc panel on constitutional reform to reflect such good texts in the draft. Despite cynicism, one was still taken-aback certain people found time to question Kandeh’s benevolence as ‘politicking’. That is the sad part of the era, I guess, when one won’t even acknowledge tremendous effort just because the adversarial camp sports a different ‘team’?! To be fair, the GDC party leader has the right to step on every inch of Gambian soil fraternise with the people. Although the tradition of democracy is such that one-government-at-a-time, Kandeh was fulfilling the role expected of an opposition – we should encourage more of that, not less!
Still on governmental setup & powerplay, president Barrow is empowered to negotiate treaties, though parliament must approve them before befit binding. He is the commander-in-chief of the armed forces but cannot declare war or take Gambia into conflict without parliamentary approval. The Gambia government is a creation of the people, by and for the people, thus presidential power ought to be in check, watched under permanent scrutiny. That is the sort of democracy under mould by a rising intelligentsia designed under utilitarianism ideology & win-win values.
As a matter of urgency – one urges parliament to summon finance minister ‘Sanneh’ to provide explanation on the ‘excitable’ €1.4 billion donor pledge. It is incumbent upon government to explain terms and conditions on loans/grants pledges pertaining to national debt burden. Foreign minister Darboe ought to be summoned on open borders with Senegal & visa-free arrangements for certain countries without seeking parliamentary approval. The Interior minister must be sanctioned from hiding present a crime report to parliament. And the president himself to be held accountable for failures across government. That is the nature of their job ladies & gentlemen – so parliament do your job!!!
Pleased to report one has been consistent from start articulating the Gambia case & story. Profound gratitude to those exemplary civil servants as teachers & nurses; farming communities, ‘women Kaafoos’ and ordinary folks serving ‘national interest’. We are proud of you all, for a sunny day & style of leadership is on the horizon. It is outrageous that importers keep inflating prices for quick profits at the detriment of every-day consumers. Tell me, why should a bag of rice cost more than D500 if honesty is practiced at the marketplace?! Have you ever stopped to ask why a bag of rice is cheaper in Europe than in the Gambia? The politicians won’t tell you simple TRUTHS, just because … this nonsense will soon be corrected and compensated ‘In Sha Allah’.
My fellow Gambians – there is more to life than money or government job. I urge civil servants to report instances of corruption from the office of the president all the way down to the highwayman at the border-post in ‘Karaang’. Because, if the ‘Singapore’city-state dictum is to materialise, for a transparent, democratic & prosperous Gambia we all desire, the Barrow-government better execute ‘smart power’ in the implementation of its signature ‘national development plan’ – as crime & poverty numbers accelerate for a frustrated public left asking questions.
