According to the Gambia Constitution the President cannot serve as a Minister. Section 71 addresses the issue of Ministers. Subsection 1 says there shall be such number of ministers as decided by the President.
This means the President is not part of these Ministers. Subsection 3 says it is the President who appoints Ministers hence the President cannot appoint himself.
Subsection 4a went further to say that a Minister loses his or her seat when he assumes the Office of President. This means a President and a Minister cannot share the same position. They are mutually exclusive positions in the Cabinet.
In light of the above, Pres. Adama Barrow must appoint a Minister of Defense. He cannot serve as a Minister of Defense because this is a violation of the Constitution, which he swore to defend at his inauguration. I therefore call on the President to immediately appoint a Minister of Defense in line with the Constitution and to complete the composition of his Government.
The President is the Commander-in-Chief of the Gambia Armed Forces. The Armed Forces is headed by a Chief of Defense Staff and each of the units of the Armed Forces has a Commander which are appointed by the President. There exists specific accountability and reporting relationships between the Commander-in-Chief, military commanders and the Minister of Defense.
Therefore when we have the President also serving as the Minister of Defense then this accountability relationship is diluted which in effect compromises national security and good governance. In times of war, there are specific and separate roles for the Commander-in-Chief and the Minister of Defense and the CDS and the rest of the commanders.
The practice of a president assuming the portfolio of a minister is a practice prevalent under weak and fragile states or states under authoritarian rule. It is a practice where corrupt and weak leaders hold the misconceived idea that unless they are the minister of defense themselves, then their regimes are not safe.
Such presidents do not trust institutions, systems, processes and public officers hence they seek to bring all institutions and centres of power and decision making under their personal control. This was how and why Yaya Jammeh personalized the Gambia Government and all its resources and institutions. At one point he was the minister of Defense, Agriculture and Energy among others!
In a democratic state where the rule of law is respected and institutions are effective, a culture of certainty, predictability and trust prevails within institutions hence ensure stability and security.
In such a state, the president does not fear because such a president knows that he or she is governing according to the rule of law. It is such leadership that ensures good governance and delivers sustainable development to its citizens hence there is no cause for fear or mistrust to warrant personalizing the state.
In same vein, I wish to call on Pres. Barrow to also separate the Vice President and the Minister of Women’s Affairs. The Vice President cannot also be a minister or perform the functions of a minister.
The accountability relationships and the functions of a president, a vice president and a minister are such that they are all mutually exclusive. One cannot serve in the position of the other. Let Barrow deliver the system change we voted for. To continue the same Yaya Jammeh system is not what we envisaged!
For 52 years of its life, the Gambia has never had effective and democratic instititons. Where they exist, we have failed to make them strong, professional and accountable. This was why both Jawara and Jammeh were able to rule this country for decades only to deliver more poverty, exclusion, corruption and violations.
Now that we have ended the APRC authoritarian misrule, it is necessary that Barrow envisions a new society where the primacy of laws and institutions are sacrosanct and protected. I think Barrow’s contribution and legacy should be to build a culture and system of instititons that are transparent, accountable and responsive.
For that matter, Barrow must refuse to accumulate all powers in his hands thinking that this is what will secure him and his Government. Those Yaya Jammeh enablers that he appointed and are advising him to do so are only misleading him as they misled Yaya Jammeh before. There is enough lesson that even if he makes himself the Minister of Defense, there is no guarantee that he will not be removed from power one day either democratically or unconstitutionally. Hence the task before him is to ensure that constitutionality prevails at all times in order to secure the best interests of this country.
Therefore I call on the Minister of Justice to advise the President to appoint a Minister of Defense as required by law. Failure to do so by either Minister Tambadou or President Barrow, I wish to call on the National Assembly to intervene by advising the President to uphold the Constitution by appointing a Minister of Defense immediately. By the powers vested in them, the National Assembly Members have all the authority to compel the President to appoint a Minister of Defense in the event he refuses to do so.
The ball is therefore in the court of the President and the National Assembly to uphold or ignore the Gambia Constitution.
God Bless The Gambia
I fully agree
Very well argued viewpoint. I hope activists on the ground will engage NAMs on the issue. I think such actions (engaging NAMS to enforce constitutional compliance/adherence) would be more relevant in nurturing our “democratic baby” to maturity, than “occupy Westfield”, though I respect the rights of people to choose their manner of activism, and I am shocked that this government would rely on the Public Order Act (a law that we have all criticised) to stifle dissent. There is no shortage of defenders of the permit denial, but none has convinced me.
The continuation of the old practice of combining ministerial positions with the Presidency/V.Presidency does, once again, bring the issue of the change we effected in 2016 to the forefront. If the constitutional provisions cited by Madi are properly understood by him (and I think they are), then it becomes clear that the practice contradicts the law and should have ceased with the departure of the regime, but it is still happening because it is a long standing practice that has become part of the system.
Have we even achieved complete “regime change”, never mind “system change”, when the old regime’s ways are still very much in practice?
Unfortunately, this administration has not shown (yet) that they sufficiently understand the challenges they inherited from Jammeh, and thus, are unable to avoid treading on the same path. Time will tell whether they have the political will and humility to accept mistakes and rectify them, as soon as possible. There is no need to find culprits to blame or enemies to fight because we are in this together and we will either SUCCEEED together, or FAIL together.
Bax, maybe I should consider helping my brother Halifa Sallah for the next presidential candidate. Time will tell.
Welcome brother Deyda Hydara….I think Halifa is a viable alternative and Gambians will only gain by granting him their mandate. By the way, have you mended fences with Max yet? I remember you fell out soon after GDC emerged…
LOL Bax….Max is a die heart UDP whose mind does not listen…LOL
I miss him a lot.
Another factsheet Madi beautifully explained and asking the New President of the New Gambia to uphold the laws of the land without further delay.
I always hammered down the point that if the President fails on exercising any law or policy the full blame should go to the Honorable Members of Parliament as lawmakers and enforcers. Period!
Such & other critiquing are required ingredients to mirror reflect the communal authorities’ attentions among other things for improving societal advancement endeavours…
Especially with an infant democracy emerging from total collapse & decadent infestation of a magnitude…
Not everyone (can) view from same levels; neither (would) everybody view/understand from the same perspectives; while all must coexist together in communal harmony; for democracy to flourish to uplift our homeland as required & aspired…
In my view, divergent opinions & criticisms must progress as currently, while we jealousy guide the community safety & protection to best level required…
This under a year transitional democracy, will be far-fetched, to be expected to be full-blown to provide & guarantee all & every right even under the current tense political climate no matter how the politicians can devour each other to pretend to be in the knowledge of where & how the proverbial magic wand needed would be found from; it’s all nominal politics & nothing real; though I respect politics, & wish all whosoever aspire to be one very well…
Situational & critical circumstantial analysis must always preside & guide our actions to make informed & prudent decisions & actions, which always obviously (naturally) ignite counter reactions as in everywhere world over…
Civic-wise, the general peasantry Gambia is quite far behind in awareness levels (compared) to some of us opportune to formal school & other exposures, to consume & digest socioeconomic issues home & abroad…
While constitutions entail & sanction rights to the self, it’s mandatory upon the very self too to exercise (ensuring) not in breach of public safety &/ in harm in consequence to others too…
Who can say, for example, the would be Westfield occupy can’t be hijacked & wreck havoc, without & possibly even with permit issuances…?
Why (would one) demonstrate just because you can, for the sake of rights mandate, only to get the negotiations levels, as the (only) stage next; when you achieved the negotiation option without necessarily taking to the streets to invite every possible catalytic inducements lurking out there for everyone else, on the ground & abroad…?
Democracies thrive on trials & errors; inculcate the experiences learned along, progressively & gradual; no instant fixes must be expected…
I for one, can only be optimistical for the future; especially with the dedicated determination of the current breed of Gambians; sky is the limit…
God bless Gambia; Ameen…
Bajaw…
I agree that government needs time to effect certain changes, but I reject any suggestions that it needs time to effect every conceivable change. It certainly doesn’t need 9 months to stop the practice of combining positions that should not be held by the same officials, like OP & Defence portfolio or OVP & Women’s Affairs. It also does not need 9 months to put the Public Order Act aside, if it doesn’t want to use it. Asking the government to effect changes with regards to such practices is neither far fetched, nor unrealistic.
Security concerns should be top priority, but we must never allow our representatives to hide behind this excuse to curtail our rights to freedom of association. The role of the Police, if they have any reasons to believe that the event (#Occupy Westfield) may be high jacked, is to put measures in place and take actions which will ensure, that not only does the event take place without hindrance, but it does not disrupt the daily activities of other people.
What is unacceptable and needs to be condemned by all democratically minded people, is to deny citizens their legitimate right to assemble, because some thugs want to disrupt their assembly. The GDC was denied a permit to hold a meeting in Brikama because it was suggested that certain UDP thugs, who were angry with Mama Kandeh, wanted to disrupt that meeting. I don’t know what the real reasons were, but I only hope that it wasn’t the suggested one, because that would be a very, very bad precedent to set.
We are together in some areas Bax; & (naturally) disagree & diverge in others, on priotising & time scales, etc; as government, no matter whosoever is in drive seat merits critiques for improving advancements; after all, that’s why there are advisors & civil & security services among all…
Not only police time & state resource that goes with such self rights; but one should also take circumstantial situational analysis responsibly on costs & repercussions to others & society as the larger community…
There’s no need to seek confrontational avenues which have potential to ignition when the same results could be alternatively achieved without strife…
Say, the Westfield demonstration went with police permit, for example, & turned violent from hijack which is possible even under police presence; where does that leave the tourism industry for example, at the very juncture; in terms of revenue & investment to state & peasantry Gambia & businesses among…
Why does my self right insistence, rightfully warrant to risk that for everybody else; when I have alternative peaceful options available to explore…
Yes, this will make Barrow & others significantly unpopular, for the instability & possibly cause them political office; but realistically, Gambia can only succeed in one piece; no other politician will ever succeed to forward a Gambia in pieces socioeconomically; that’s realistically unachievable…
Hey, Pa Njie Girigara; Maxs will say kirikara….
I thought Halifa purportedly ‘met (yaya Jammeh agent) general Bassen in secret’ sometime back; are you now going to apologise to Mr Sallah for the slander & to Gambia for action; since the climate is now conducive for factual debates not character assassination as before…?
LOL Bajaw, I miss you guys a lot. Yes the mandingo called me kirikara, the moors from Mauritania ‘garaygara’ and the Banjulian sai-sai ‘kripkarap’ and the ‘Njulie Ndongos’ had a nickname song for him ‘Allagiri-Allagara wo jain” Lol.
Sweet Gambia. But I still do not understand why you people still fear babillimansa to the point that you still hide your true identities in the new peaceful and democratic Gambia? LOL
You said Halifa general Bassen…where did you get this information. Since fear is now a thing of the past why don’t you ask Halifa himself instead peddling this rumor. Huummm! Thiey! UDP manipulators this is mindbuggling! ‘Ikonyadi?”
Lol.
Pa Njie; it’s my memory failure; it wasn’t Maxs at all, I now recalled fully; it’s in fact Janko (Soliba) Camara who said kirikara…
Our ‘body must die’ for Halifa if PDOIS relies on you in particular for expertise…
You ‘advised & assisted (enable)’ the murderous kanilai devil fiefdom in your own words; you ‘helped’ the struggle…
You have been said to be executive in GDC too; you now contemplating (intending) to deceive Halifa too; who do you think, you are kidding…?
You only think of the wallet for switching allegiance; with no real moral conviction to oneself, God &/ humanity; just as you admitted to Maxs then over your infamous switch from United opposition to GDC; ‘opportunity to power (& influence) is very tempting, Maxs… ‘
Please help one like me; I’m confused as to what believe…?
I suggest you invite Max here. He seems to be scared of this forum.
Bajaw..if there is one that has memory holes and is inconsistent it is you. Remember GDC came out before the Coalition was formed and I stuck with the GDC for strategic reasons that paid dividends. Even Honorable Darboe accepted it when we last spoke. Well Bajaw if you want to situate me know that I am not a militant of any political party, I only help political leaders of my choice when elections approaches. As for my believe in GOD and humanity, I perform the Hajj this year by Allah’s Grace. So call me Alhaji Kirikara. Lol.
Maybe this is the time I should consider running as a presidential candidate and have You, Max and Njanko as my campaign executive..LOL
Nice to network with you.
Alagy kirikara; I’m glad & indeed happy for you for the humble pilgrimage; but remember it comes with certain fulfillments that have to be abide by & adhere to at all costs; don’t hide the headscarf in the back pocket on entrance to the nightclub; only to cover the head back on exit…
Coming back; you alleged ‘Halifa met with general Bassen in secret’ on kairo news pages before; & you threatened to divulge more if he denied; I’m sure I’m not the only person on jollof news here who read this under your Deyda Haidara penname…¿
For the records as I always say; I’m not UDP neither politically inclined to any political ideology on the ground in Gambia…
Bajaw is my middle name get used to it…
Bajaw, you must be dreaming to accuse me of saying what you said about Halifa meeting Bassen. That’s not true Bajaw. I never said such on Kaironews. Bajaw you better think and prepare for your own deeds before GOD than worrying about me.
Another thing I am worried about Gambians is that they focus more on the person instead of the ideas and opinions of the person. Can you tell me why?
Bax, Bajaw, Madi has raised some interesting questions and made good points about the President being the Defense Minister. However, he is wrong to say and I quote “The Vice President cannot also be a minister or perform the functions of a minister” I do want to give Madi the benefit of the doubt but it is hard to believe that an intellectual like Madi did not know that that statement is factually incorrect. Madi has quoted subsections (3) and (4) of Section 71 of the Constitution to support his argument yet he ignored Section 70 subsection (1) states “There shall be a Vice-President of The Gambia who shall be the principal assistant of the President in the discharge of his or her executive functions and shall exercise such other functions as may be conferred on him or her by this Constitution or assigned to him or her by the President” and Section 72 subsection (1) which states “The Vice-President and Secretaries of State shall be responsible for such Departments of State or other business of the Government as the President may assign to them” This is further supported by Section 81 subsection (1) which states “Where the Vice-President or a Secretary of State has been charged with responsibility for any department of the Government, he or she shall exercise general direction and control over that department; and subject to such direction and control the department shall be under the supervision of a permanent secretary whose office shall be an office in the public service” This sections shows that the VP and Ministers are only responsible for policy but the day to day running of the department is the responsibility of the PS. There is no provision in the constitution that the National Assembly can use to force the president to create a Ministry of Defense. The constitution only made mention of Defense Minister in Section 78 Subsection (1) as a member of the Security Council. All this notwithstanding, I do agree with Madi that the President and VP should just concentrate on executive duties.
There is definitely a need for a root and branch overhaul of the Gambian Constitution. However, this can only be done through a holistic approach not a piecemeal approach. There needs to be a proper public consultation so that Gambians can finally have a constitution that will truly reflect the type of governance structure we want and also enable us to totally depart from the Jawara/Jammeh era. It is therefore vital that we all make objective criticisms but more so writers like Madi with a wide readership to resist the temptation of mixing little facts with lots of opinions without being clear, because that can inadvertently mislead people.
Good observations Buba, but don’t you think Madi was talking about the designation of the VP as a minister holding a ministerial portfolio, rather than a VP exercising control over a ministry.
The way I understand the provision you cited is that the President can direct the VP to exercise control over any departments he/she may wish, but he/she (vp) cannot combine the two/three or whatever number of portfolios he/she may be charged to oversee, with his/her own VP portfolio.
Thus, our current VP can be VP with oversight responsibility over the ministry of women’s affairs, rather than VP & Minister (at the same time) for Women’s Affairs. We see this between ministers too, where one deputises for another or oversees another ministry, for whatever reasons, but not take over the portfolio of that ministry during the period.
But I agree, these need to be clearly spelt out in a constitution and that’s why we need a new one.
Alagi Pa Njie; you can surely remember about your ‘Deyda Haidara’ postings about ‘only God can choose a president…’ on kairo news; & said Halifa met General Bassen in secret’…?
I, alongside others then, commented in condemnation, if it actually did happen…?
One like Dodou Jawneh pointed out for ‘God not choosing political leaders but rather the people’…?
While Bax defended his party leader not uttering anything in defence because it was a lie & even said he didn’t think the Bassen surname was Gambian…?
Bax is on here; I’m pretty sure others too are following who can definitely remember what I’m saying here…
I just wanted to know the truth from the horse’s mouth who said it; not the one wrongly slandered…
I leave the general public to be the judge; & God, who I can attest here to witness…
Magnangne leggi Pa Njie; gumna dinga baii yennaye; saaka binga ajehnee leggi…
You will apologise to Halifa in the hereafter; if not now; Insha Allah…
Those were difficult and politically cloudy days. Let’s forget and look forward. I’m sure many Gambians know that Halifa will not say anything connected to his politics in secret, that he will not say openly with his head held high.
What is important is for all of us to understand that allegations are just allegations and mean nothing until proven with evidence. Many people, for whatever reasons, think that combating Halifa is best done through misinformation, misrepresentation and fabrications and the fact that it’s still happening today, when we are for changes (including how we do politics), is what should attract our concerns.
Unfortunately, whilst the government did not hesitate to move against and arrest those it perceived as APRC youths using social media to “insult” certain political leaders, it has so far ignored similar groups associated to the UDP, and whose past time hobbies are to insult, ridicule and lie against certain leaders and parties, especially Halifa and PDOIS.
You must be a Jammeh disciple in style and content and behave like a demigod. You should rather apologize to me before it’s too late.
I forgive you in advance.
Buba, I think at this critical juncture the debates will help shape the future better in that the constitutional reviews can inculcate the necessary amendments to the reverse expectant Constitution…
All might not view & understand & interpret various sections of the constitution in same length…
The defence minister portfolio assignment has merits & demerits; taking into consideration rampant coups & other events especially in Africa; while at the same time being abused by others for self entrenchment perpetuation…
The constitution review committee will be do well with the suggestive interventions…
Except for constitutionality alone, I believe costs-wise, ministerial portfolios could be assigned & lumped where necessarily possible; where the permanent sectcretaries & rest of department does the bulk task of business…
For example, defence portfolio not necessary to be kept by president, if there’s enforceable insertion in constitution outlawing coups, etc etc…
Bax, I will leave the political bits to your (various parties) political opponents to wrestle in the (political) arena; if I may…
I will point to the security implications bits associated; for sake of communal safety over all; in my view…
The world events, & evidently our recent political experiences, warrant & necessitate urgent overhaul & provisions insertions in Constitution yet to review, to keep up to date with events around the world; which can’t (mustn’t) be ignored at home; if not, to our collective perils communally…
Who knows if the recent kanilai unrest (demonstration) for example, were being remotely coordinate on WhatsApp & social networks perhaps…
Hate preaching & such activities to stir strifes are being rounded up & prosecuted in the West & other areas world over, including US & UK among…
The ‘Gambian’; yes, including my very small (humble) self; (due to our upbringing) naively think & expect everybody else to be (have) the ‘Gambian-humility’ gene; which is second in our nature to each & everyone one of us; I don’t & never meant this an insult in anyway; & hereby apologies unreservedly, if it sounds so to anybody…
Yes, we must fight for the right to the self guarantees; while updating the necessary security measures & infrastructure (soft & hard) including technological spaces to protect the environment & the general public at large; alongside & in pace & keep update with the rest of the world…
We can’t expect to stay in our unique wishful Gambian-comfort-zone while everything else moves & revolve around us in the world; especially after the evil kanilai killerdom experience; & expect to be safe or always expect the regional & international community to be at our aid & rescue when needed; while we should adapt to necessary arrangements & measures to ensure our own contributory requirements towards the rest of the world & humanity including our own selves; to claim our rightful place in rest of decent world…
After all; right to the self is guaranteed & expected to be provided only, when not in breach & contravention to others’ & greater community at least…
Yes, I have my right guarantees constitutionally on disgruntled energy & other issues to occupy Westfield, because I can…
When turned violent as evidently possible, lives, property, livelihoods got lost potentially, including tourism, trade, revenue, employment, etc etc; will that impact positively & enable faster energy output improvements as I insistently act to fight for..?
I hope not; rather we all can argue consequently to adding more to the problem in contrary; compounding to more of our woes communally than elevation as required…