(JollofNews) – Everyone is wondering how the coalition government got it wrong (if indeed they got it wrong) by appointing a Vice President against both the letter and spirit of the 1997 Constitution, especially considering the fact that the spokesperson of the coalition, Halifa Sallah had not only been quite knowledgeable of the provisions of the constitution, but he had also been quite meticulous in his defense of it at almost every occasion.
Therefore, everyone is quite eager to know why Fatoumatta Jallow Tambajang was appointed when the Constitution is quite specific in Section 70 (2) “A person shall be qualified to be appointed as Vice- President if he or she has the qualifications required for the election of the President under section 62.
“Provided that the Vice-President shall not be a member of the National Assembly.”
It went on to state in Section 62 (1) “A person shall be qualified for election as president if:
(a) he or she is a citizen of the Gambia by birth or descent,
(b) he or she attained the minimum age of thirty years but not more than sixty-five years”
Of course, there is unanimity that there is no better choice than Mrs. Tambajang as vice president of the interim-government, considering not only the great role she had played in the mobilization for an opposition coalition that eventually led to the victory, but she also possesses all the qualities of an effective vice president.
However, regardless of the obvious fact that the 1997 Constitution had been quite defective as it was tailor-made to serve ex-President Jammeh’s own agenda, but it is the only constitution we have and therefore, the government cannot afford not to respect it, lest they are accused of following on the footsteps of the Jammeh regime.
In view of such controversy surrounding the appointment, it is extremely necessary that the government should come out clean on the matter as soon as possible before it causes more consternation.
The rule you talk about was constructed by the same rubber stamp parliament that illegally extended Jammeh’s presidency.
Should that extension stand? Helllll no so conservative criticism only please people need to focus.
In fact the sooner the president comes home the better so we all can rejoice and people that want to and can help get access to The President
Justice truth and transparency better governance, It seems to me well or very important to respect the constitution whatever it is jammeh is not here anymore but to respect gambia is to respect the constitution. We can not say that everything about jammeh is bad if we really believe in ourselves, we can’t go by selecting favorable points of the law I think there are more young talent on standby,the world is watching us 50%50 needed
I like how she rattled Jammeh with her insistence that he be procesucuted. I think that made him change his mind real quick about retiring to Kanili, and finally decided to run away to hot and humid Equatorial Guinea. Good on you Mrs Tambajang. And for I hope we can all find the strength to rip Section 62 (1) from the constitution as it is as it is plainly age discrimination, and therefore technically illegal, and morally wrong. I always believed that those who are ageist, are also sexist, and raciest, or tribalist. The idea remains the same: if one can buy into one “iest”, you can easily buy into all of the other “iest”, and we don’t want any of that here in the Gambia do we?.
Moreover, consideration should be given to the fact that , the average age for members of the Democratic senators in the USA is 73 years!
Let the gambia constitution speak and be heard by whoever is in authority BUT again aging is associated with wisdom, experience and knowledge. you saw how young people like Jammeh disorganised Gambia!! Let’s keep the checks and balances carefully
Indeed everyone knew that the 1997 contitution was tailored to suit the Jammeh Administration particularly against the UDP leadership that has caused lots of problems.Inorder to neutralize the UDP it was the only solution they could imply against Lawyer Ousainou Darboe.
And that is manifested again when Jammeh imprisoned him and his aides just before the 2016 elections.This age problem is very absured and can mislead or divert us from everything that is plausible for the future.Age limits should be scrapt,it is not wise to hold on to it.
The constitution is the constitution and as long as it remains the supreme law of the land,it should be preserved,respected and defended and since that is what the President took the oath of ,i see no reason why exceptions should be made.
Let us remember the dangers of creating a precedence.
The Constitution Is Not A Paper Bag, Paper Tissue, Nor A Container of Good And Blemish Mangoes, You Pick And Select The “Good” And Discard The “Bad”.
Sainey Duto, You hit the nail on the sweet spot. All the Hypocrisy and Hypothetical Howling and Toothing, not to mention the fact that the expressed Concern the Hypocrits are because of the need to Clearly get as many of the UDP Party Members in the Cabinet and in Positions that would allow them to perpetuate themselves in Power. This is the same thing they accused former President Yaya Jammeh of and Used the the same Constitution to Elect, Swear in and Contract Out GAMBIAN Democracy and Sovereignty to Senegal. This is the same thing they did in 1981 following the Coup and it did not last. As it was then, so will it not be Successful this time too. The Constitution was Passed through a Referendum and an Elected Parliament, which in turn was Duely Elected by the Gambian Citizens. Long gone are the days when a Tyranny of the “Majority” who do not have a Constitutional Mandate is allowed to throw their perceived weight around without a Push-Back from the rest of the Real Majority, the other GAMBIANS who truly believe in a Constitutional Democracy and not “Mob Rule”. The Constitution is not a Mango you pick up look over and maybe you wash it or not before you eat the “good part” and throw or Discard the “bad part”. The Dangers Inherent In “Fairweather” Constitutionalist is that once they start their “Mission Creep” Undemocratic and Dictotarial Party Politics Acts of Bending and Twisting one “Undesired and Unwanted Word, Clause, Paragraph and Sentence they don’t like or want in the Constitution, they wouldn’t Stop until they Dominate All and Everything. They must be resisted and at all times in all parts of the Gambia. The Constitution is not Party Document, nor an Ethnic group or Regional Document. The Infantile and Immature Dogmatic Declarations that those who just a few days ago prior to former President Yaya Jammeh’s Departure from the Gambia, expressed and acted on the Provisions of the same Constitution, are now the same people especially those of the UDP Extremists Faction who want to Reinstall a “Nterri Kaffo Regime in the Gambia. The Choice for allowing such an Undemocratic and Unconstitutional Regime to be legitimized in the Gambia, would be the Greatest and most Significant Betrayal of the Gambia and the Gambian Citizens who Sacrificed everything to Effect change. All GAMBIANS reject such an Undemocratic and Unconstitutional attempt to Subvert the WILL of the Diverse Gambian Citizens/People. The 1997 Constitution is the only Document Standing Between The Gambian Citizens/People and Potential Domination and Tyranny of the “Majority” of an Extreamist Minority in the UDP. This is the time for all Honest, Patriotic, Uncompromised Sectionalist to Take a Firm, Active and Vocal Stand Against Arbitrary and Capricious attempts to nullify and Render the same Constitution they Hugged and Kissed during the years, months and last days of fighting to end President Yaya Jammeh’s Tenure as President. If it a Valid and Operational Constitution, then, it is as Valid and Operational now. No Equivocation, Hedging, or Manufacturing and Inventing illegal and Unsustainable arguments with Reference to the 1997 Constitution which is the only Constitution Gambia has. If you don’t want it or some parts of it, then Follow the Established Democratic Protocols and Amend the Constitution or Declare Marshall Law and Rule by Degree. Caveat, in order to Amend the Constitution, you will need the Consent of the Majority of the Existing Parliament or wait until AFTER the next Parliamentary Elections and hope that you have a Majority in the Parliament Amend or Rewrite and Replace the Constitution. If you Rewrite it, that Constitution have to be legitimized by Holding a Referendum and the Voters Voting For or Against the Constitution before it is Voted on by Parliament and Codified into the Law of the Land, in this case, the Gambia. Anything else would not be Legal, nor Democratic. There is Nothing Minor or Small in any President, Party or Ethnic driven attempt to Subvert and Ursurp the WILL of the Gambian people just so that ones Desires and Wants are Satisfied. Those who want a Constitution of Convenience that they can Subvert and Ursurp as they feel, Should join the Facist and Neo-Nazis of old and Move themselves to an Island, where they are Free to “Do as they wish”. Not in the Gambia at this point in time. The time for such Party Ethnic Politics and Ethnic and Unconstitutional Backdoor Manuevering is Over. Time is if the Essence, let’s get on the business of Making Gambia Represent and its Government, a Truly Representative GOVERNMENT For All.
The Gambia is more than the Sum Total of any Individual, Ethnic group, or Region. One Gambia, One People and One Destiny.
President Barrow should not feel obligated to uphold the 1997 constitution that was passed under the dictatorial regime under Dictator Yaya Jammeh.
The president as commander in Chief has the constitutional right and power to dissolve the constitution in its current stage, and implement a new constitution granted by the power of Judicial Review and governed under British Law.
The drafting of the constitution in its present form, was designed to appease a dictatorial government, and therefore should be considered null an void.
President Barrow with is coalition should be allowed to draft a new constitution, that will serve the best interest of the Gambian people. If we must apply the principles of the British Law, which is a benchmark of the Gambian constitution and of all commonwealth countries.
Mrs Fatoumatta Jallow Tambajang should be allowed to serve as Vice President of Gambia. Her qualifications and her sacrifice for the Gambian people, must be honored and recognized. We must not allow the constitution that was drafted in favor of the worst dictator that ever existed in West Africa, to become an obstacle to the future progress of the Gambian nation.
My advise to President Barrow, is for him to exercise the powers that is provided to him as Commander in Chief, not to allow a constitution, that was instituted under the worst dictator, to become an obstacle that will influence his decision in such a time of urgency.
President Barrow must stick to his decision to adhere to his decision, and honor Mrs Tambajang to serve as his vice president. We honor her sacrifice and her commitment, to the welfare of the Gambian people and the country that she Loves so much.
SidiN Bojang, you talk too much rubbish. Yahya jammeh will do anything he likes notting comes out,you talk a lot all rubbish. This new government will be completely different from the previous regime they will hire right people’s for the job.STOP TALKING RUBBISH.