(JollofNews)- Why did the Barrow Administration change only two provisions in our Constitution when they had identified in their 2016 Manifesto numerous provisions that they would amend when they assume power? Whose interest are they serving by changing only the age requirement for president and judges?
In his Manifesto, Barrow said his Coalition Government “will promote and entrench the sovereignty of the people; eradicate vestiges of the self-perpetuating rule; and empower citizens to defend their sovereignty and to have control over public authority as equal stakeholders.” Yet the provisions that should ensure this objective have been neglected in favour of those that empower only the Executive. Why?
According to the Coalition Manifesto, Barrow promised to change Section 39 of the Constitution and Sections 11 and 141 of the Elections Act in order to enfranchise Gambians abroad to vote. He promised to restore Section 48 of the Constitution to require presidential candidates to obtain at least 50 percent of the votes cast in the first ballot in order to win an election. His Coalition also promised to subject Section 63(1) to a referendum in order to introduce a two-term limit.
They also said they will seek an act of parliament under Section 63(5) to determine the procedure for a referendum when a vote of no confidence is cast against a President. They also promised to amend Section 91 to prevent a NAM from losing his or her seat just because one is dismissed by one’s party. They promised that Section 42 would be amended so that no IEC Commissioner is arbitrarily removed unless subjected to a judicial inquiry.
Further, the Coalition said they would set up a Constituency Boundaries Commission in compliance with Section 50 of the Constitution.
To empower electorates to recall undesirable NAMs, they said they would enact the procedure for that under Section 92. They also said they will enact other laws such as the Freedom of Information law so that public information is available to the general public all the time. In that regard they promised to repeal the Newspaper Act in order to make it easier and cheaper for one to establish a media house. Why then did they ignore all these provisions but only amended one?
Furthermore, they promised to revoke all pieces of legislation that criminalize speech including libel, sedition, false news and false publication within six months of assuming political office. They also promised to repeal any provision in the “Public Order Act that is not reasonable and justifiable in a democratic society such as those that hinder peaceful procession to highlight public grievances, which is the main tool for exercising civil society oversight over the governance process.”
In fact their Manifesto described the Public Order Act as a law that, “gives too much power to the Inspector General of Police and does fetter freedom of association and assembly.”
Therefore why are these laws or provisions not repealed within these past six months?
Barrow’s Coalition also promised in their Manifesto to amend Section 114 of the Criminal Code that relates to giving false information to a public servant, because they recognize that citizens have a right to petition the president under Section 25(f) of the Constitution. They also promised to invoke Section 18 in order to abolish the death penalty through a referendum within one year of coming to office.
In other words, it is clear from their Manifesto that this Government, which was in the Opposition, knew all the shortcomings in our Constitution and committed themselves to changing them. Yet six months down the line, all they could do is to pick one insignificant provision, given our circumstances to change and leave the rest in place. Why?
The amendments they outlined show that the issue of legal and constitutional reform should be the highest agenda of this government. Hence it is indeed disheartening that our National Assembly Members would rubber-stamp this amendment when they know that we need a new constitution altogether.
Why should we change our Constitution just for the appointment of one person to one position when there are many other qualified Gambians to fill that position? Our National Assembly Members have even deliberately ignored the fact that the Preamble of the Constitution has recognized July 22 as a legal act. Why was this not changed? Further in our Constitution, all of the actions, decisions and persons acting on behalf of AFPRC and July 22 coup have been completely indemnified under Section 232(13). Why was this not also changed?
In fact Section 96(2) gives power to the president to dissolve the parliament and call for new elections at anytime as he deems fit. Yet our NAMs decided to ignore these bad provisions but to change only a tiny provision just for the appointment of one citizen! This is tragic!
On 20th July, the Minister of Justice said the government will pursue the drafting of a new constitution leading to a referendum and that process will take at most two years. Four days later, the president himself spoke in the parliament and reiterated that there will be constitutional reforms.
In the first place one wonders why should it take 18 months to two years to draft a new constitution for the Gambia. I therefore completely disagree with the Justice Minister that we need two years to create a new constitution. We know all of the shortcomings of the Constitution. We have the expertise to draft a new constitution and go to a referendum within one year. Why then take 18 months to two years to do that?
Thus instead of insisting on one amendment, one would expect that the Executive and the Legislature would rather consider putting in motion a process for the total overhaul of this constitution and the creation of a new one. But even if they fail to do that, why then cherry-pick provisions to change and not change all of them at once?
I therefore hereby express my total condemnation of this constitutional amendment on July 25. The country does not need a piecemeal change of the constitution to suit one person or a government. We need a holistic overhaul of the entire constitution so that we have a new constitution to usher in a fresh republic founded on democratic principles and human rights.
The action by both the Executive and Legislature is a betrayal of the deepest aspirations of the people of the Gambia. They have not served the supreme interest of our people and country in anyway by this action.
God Bless The Gambia.
i absolutely agree with the findings of the author !
As I have said on this forum severally. Politicians are men and women with malignant appetite for theft and deception. They are crooks and liars. All of them. Your only protection is not to trust them, but be vigilant observers and protector of your democracy. Speak loudly and often regarding their misdeeds. Kudos to Madi.
Well said my brother. Time will judge them. We are waiting for them at the polls. As for madame Tambajang, the VP is not to be used as a family business. Gambians are watching and taking notes.
I support the amendments and I see Madi’s objections inconsequential. Your abled
Minister of justice is in charge of the amendments and he already informed you that plans are in the offing to introduce a new constitution for referendum. Until then the govt need to function. HENCE the “Cherry picking”. This legislature is necessary to enable the govt function properly. For finally, there are no obstacles more to hinder a fully constituted cabinet.
Are we being told that the only person capable to handle the position of vice president is the present overseer? Please don’t take us for a ride.
At least it that is the opinion that overrides in this current cabinet. Practically, I think it is a fixture that the Jammeh constitution allowed and since making a overhaul of the constitution is lengthy, why not use an instrument available to make the cabinet and other areas functional on case by case basis until we reach the ultimate objective of discarding the Jammeh constitution.
Until we become genuine people in our minds, hearts and deeds, the country has a rocky road to ply because truth, honesty and sincerity lacks in these new government. God bless Gambia
I want to believe that the constitution as it is now has so many provisions that are undemocratic it is better to have a an overall and comprehensive change once and for all rather than changing it by piece meal. I believe that the government is in the process of rewriting the immensly flawed jammeh constitution to one that will carry the hopes and aspirations of the Gambian people. The change with regards to the stupid age limitations is is important now because of the need to have a constitutionally approved vacant position of the vp filled asap. This is my opinion.
Well said Emmanuel.However taking The Gambia and Gambians for a ride is a thing of the past,be rest assured.
ALL GAMBIANS NEED TO BE ACTIVE IN THE GAMBIA’S CURRENT DISPENSATION IN A MANNER THAT ADDS VALUE TO ITS DEMOCRATIC GROWTH AND DEVELOPMENT:
It would be worthy of the President, the Cabinet, the NAMS and Legislators as well as the Gambian Citizens’ Collective Interest, Leadership and Sense of Urgency to heed and respond to Madi Jobarteh’s enquiry regarding the “Cherry Picking” of the Constitutional Conundrum left over from the Previous Regime. Failure to Deliver on the Promised Constitutional Changes that the Coalition Alliance Parties and the UDP LED REGIME SIGNED ON Frankly, Smells of Selfish and SELF-SERVING Hypocracy of the Third Kind, that is, the Third Republic. It is Fatalistic and Repugnant for the President, the NAMS and Gambians to continue to Delibrately Allow “Repugnant Parts” of a Constitution the Current Gambian Regime Campaigned Against Pre and During the Impasse. Unless the UDP Led Regime is now of the Opinion that the 1997 Constitution is an Acceptable Democractic Document, that does not Need Changing, Except the Part that Affects the Politicians Position and Power, the UDP Led Regime, nor its Apologists and Supporters can justify the Slow Motion and Delibrate Abandonment taken up by the UDP Led Regime. The Current Gambian Regime cannot have their Cake and Eat it too. If the Constitution is Repugnant when the UDP PARTY AND OTHER PARTIES, AND LATER THE COALITION ALLIANCE were trying to get rid of the former President Yaya Jammeh’s regime, one would be a Hypocrite and a “Fair Weather” Constitutionalist, if you do not ask as Madi did, Why ADOPT IT? Why is it taking so long for a Government that in many instances dispensed of Process and in some instances, “Consumed” the Rule of Law instead of Dispensing the Rule of Law in an attempt to Replace the Reportedly “Undemocratic Practices of the former President Yaya Jammeh’s regime. Herein, Lies the Hypocracy, Selfish, Self-Service of the Current Gambian Regime and Behavior that can only be described as Corrupt and Corruptive Practices among some Cabinet members that threatens to Undermine the New Government’s Claim to Representative Democratic Dividend. What is an average Gambian to make of this Bi-Polar and Schizophrenic Love-Hate of the 1997 Constitution by the Current Gambian Regime. Time was, the Dust, and Heat that is Generated Against the 1997 Constitution by the Same People in the Current Gambian Regime can Choke and Cook even the Strongest Gambian Chicken. Let me tell you, natural Free Range Raised Chicken are Strong. They are not like the Industrial raised type. Sorry, for digressing. A rural background variable in me. Currently, it would appear that the Current Gambian Regime wants to Maintain, Retain, and Sustain the 1997 Constitution they “Once had a Seeming Hatred of, a total Distaste for and Wanted to “Bury at the Bakoteh Trash Dumping Facility, Yesterday”. My Rural thoughts of years ago inform me that the Current Gambian Regime and especially, some of those in the Cabinet Perceive and or View the 1997 Constitution as a Useful Instrument for them to Utilize at WILL and as such they are not in a Hurry to Amend, Aborrogate, and or Change it. Tinker with it Yes. Change it, Maybe. The Gambian Citizens and the Media Need to Agitate Against the Slow Motion and Delibrate Speed Approach the Current Gambian Regime has Embarked on since coming to Power, when it comes to Spending Political Capital on Behalf of the Gambian Citizens. The more things change, the more they remain the same. Real change is Not Speeches and Promises. Talk is cheap. Democratic Actions are Lacking especially, when the Document that Should Guide the Process is Said to be Repugnant, but is Hugged and Caressed by the Very Gambian Regime’s Leadership. I pray for the Gambian Government to Dedicate themselves to Urgently Undertaking the Tasks of Amending the Pertinent Parts Madi Jobarteh Highlighted. This needs to be done in an Expeditious and Meaningful Manner by All Stakeholders. Civil Service, Not Self-Service Moving Forward. Gambians and Gambia Need a Responsive and Democractic Dispensation Guided by a Constitution that Reflects the Best In Representative Democracy with Due Process and Equal Access to Justice. Gambians Need Civility and Humility. They Need Safe Streets and an atmosphere of Peace and Tranquility Without Fear of their Institutions and Personalities who Administer them. One People, One Destiny.
Sidi N Sanneh if you were writing and speaking like this i bet there would not be “the so called political impasse in the Gambia”. But you dine and wine in blood, mucus and sputum and in disbelief of the current status-quo of your own status, now your biggest threat is the current political dispensation in the Gambia. In every comments you wrote one can easily and clearly underline hate and anger and vengeance all over. try to accept that no single empire rules forever…if not anger and hate will flame you into a dust….. the justice minister said the Gambia needs a new constitution which will be taken to a referendum. i believed that will not take a day or two but months and months and months, so before that lets repeal what we have and keep the ball rolling! (or do you and Madi want Gambia to stop the game and sit and wait for the new constitution?) lets be pragmatic.
I think Madi and Co. should form a political party; Once taking the reins of power and leadership>>>I think they will change their tunes of negativity very quickly; Having waited 22 years for Democracy, how soon it becomes another them and us situation.
Patience;
Give the Barrow boys a chance. another 12 months should do it.
I think Madi just want to be heard. If he is following developments keenly the justice minister said the Gambia needs a new constitution which has to be taken to a referendum (and this is not only the voice of the justice minister but the voice of the cabinet)….why the rush Madi? Until then we need to repeal some clauses to keep going.
It doesn’t make sense to invest time and resources to engage in wholesale amendments of a constitution that will soon be discarded, as the government intends to draft a new one. It does, however, make a lot of sense to amend any sections that inhibit the government from functioning well, even if we disagree with the “cherry picking.”
We have all expressed our concerns at the failure of President Barrow to appoint a VP and we were right to do so, but I don’t think the amendments to remove the age restrictions warrants the kinds of insinuations being made here.
President Barrow, for obvious reasons (not least of which is her participation in the coalition building and manifesto writing processes), prefers Madam Fatoumata Jallow Tambajang as his VP to any other person.
There’s so much to do and time is not waiting for any man. Many would have wanted the VP in place 6 months ago, but that did not happen. That’s the reality. Perhaps the president, being the one the VP will assist, feels more comfortable working with FJT than anyone else. So, let’s allow them to get on with it.
A new constitution is mentioned by president Barrow and certainly that cannot be hastily forged without the right sequences.The political developments unfolding in the Gambia is an eye opener to all of us. It’s good to observe and scrutinise the executive and all civil servants for that matter,but some critics do so just to be heard and recognised due to some political ambitions they have. Remember, many are called but only a few shall be chosen. And in this present situation it has to be merits and what is due to the individual as proven by the records and not his or her popularity or loud voice. We owe the future generations honesty,transparency and truthfulness…….
We all agreed that this constitution has been so subnored that it no longer worth the supremacy it deserves as the highest law in the land. We cannot live the true meaning of our new democracy, if we continue safeguarding a constitution that is unconstitutional.
Yes U Can;