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Momodou
Denmark
11723 Posts |
 Posted - 14 Feb 2011 : 19:00:47
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REVISED LAWS OF THE GAMBIA 1991-2009 LAUNCHED
Rule of Law = Easily and Freely Accessible Just laws, Strong Enforcement and Independent Judiciary
By Mamadou Dem
on 14-02-11
Revised laws of The Gambia, 1991 to 2009 were on Friday 11th February launched at the office of the Attorney General Chambers and Minister of Justice in Banjul.
Delivering his statement, David Desborough, the representative of LexisNexis said the exercise is a pleasure to him since it represents his 3rd mission in over 20 years in serving the Government of The Gambia.
He added that LexisNexis is the largest legal publisher in the World; adding that it is the only major legal publisher in the commonwealth focused on solutions to improve access to the two prime sources of the Law- namely Legislation and Case Law.
Mr. Desborough indicated that LexisNexis is committed to supporting the Rule of Law and it does this in a variety of ways throughout the world. He added in the context of the Revised Laws Project and others like it, they take the view that there can be no Rule of Law unless there is access to the basic sources of law. “Rule of law cannot exist without a transparent legal system and the main components of such a system include a clear set of laws that are freely and easily accessible to all literate persons, strong enforcement structures, and an independent judiciary,” said the LexisNexis representative.
He added that their company is active throughout the commonwealth; LexisNexis’ South African subsidiary which he said is directly linked as a partner in this venture and has done much to underpin the Rule of Law in many countries of the African continent.
“I am proud, particularly after my long association with your country to have played a small part in bringing LexisNexis to The Gambia and to witness this important occasion today.” He stated that the solution that LexisNexis has delivered in partnership with the government is different in scope to that which was called for in the 1990 edition of the laws.
He stated that the 1990 edition was 20 years out of date and in that much of the legislation had been amended and new legislation had in that time been added to the statue book. He said LexisNexis in Durban had experienced staff to undertake the task of accurately editing, updating and consolidating the laws into revised Edition within a year. He said the 1990 edition took many years to complete.
He said a partner with track record was essential and this project he said was a high risk and it demanded accuracy and quality assurance and the need to get it right first time, their company has that track record.
“Importantly, the government recognized the need for a partner which could be relied upon to sustain the revision and updating process regularly and cost effectively going forward so that the text of the laws never again became outdated. The aim included the provision of access to current law quickly and accurately to meet the demanding needs of improving the administration of justice. For this reason LexisNexis has entered in to a six year agreement which is extendable and which demonstrates the Company’s commitment to the partnership and to the underlying aims of this venture,” David Desborough stated.
He finally stated that the solution demanded a publishing partner which could deliver and sustain technological leadership by leveraging electronic publishing skills. He said Their Company is a business which delivers nearly 50% of its $3 billion portfolio of publications via the internet and could ensure that in a relatively short period, The Gambia’s laws will be available to any subscriber throughout the world.
Improved access to The Gambia’s laws will directly benefit the public as well as the legal community, he added. The people, he pointed out will in time become more knowledgeable of the law thus underpinning the Rule of Law. Overseas investors and donors some of whom are undoubtedly represented here today will be able to view the legal infrastructure of the Country transparently and are likely to be more willing to consider investment and financial support for the country’s development indirectly and directly therefore, this initiative will, over time, stimulate greater prosperity and help to alleviate poverty, he stated.
“Honorable Attorney General and Minister of justice, as I turn to you Sir it gives me great pleasure to present to you and ask you to accept please Volume 1 of the sixteen volumes which now represent your Revised Laws of The Gambia – 2009 Edition,” said David Desborough.
For his part Dr. Henry Carrol, the Chairman of the Law Reform Commission and Master of the Ceremony said, “Hitherto, as members of the learned legal fraternity, and the learned members of the Gambian and non - Gambian public, are fully aware, the Laws of the Gambia were embodied in nine brown Volumes, and they were last revised in 1990. Now the Revised Laws of the Gambia , which are going to be launched today by Her Excellency the Vice President, are encapsulated in sixteen green Volumes, and this means, that eight law Volumes, have now been added to The Laws Of The Gambia, otherwise known as “The Gambia’s Statute Book.”
He added, “The Revised or Reformed Statute Book of The Gambia, contains: Acts or Statutes, which were promulgated by the then Parliament of The First Republic, some of the Decrees of the Armed Forces Provisional Ruling Council, and Acts or Statutes, which have been promulgated, by the present National Assembly of The Second Republic”.
He remarked, “It goes without saying, that some Acts or Statutes, and some of the A.F.P.R.C. Decrees, are indeed part and parcel, of The Laws of The Gambia. To prove this assertion, beyond the shadow of a doubt, let me quote for you, Section 7 (a) and (c) of The 1997 Constitution of the Second Republic Of The Gambia, hereafter called “the Constitution”, which says: “In addition to this Constitution, the Laws of The Gambia consist of:
(a) Acts of the National assembly, made under this Constitution, and subsidiary legislation, made under such Acts
(c) The existing laws, including all Decrees passed by the Armed Forces Provisional Ruling Council
As I always tell my Law Students, during my law lectures to them at The Faculty Of Law of The University Of The Gambia, the term “all Decrees” in the aforesaid Constitution, is legally wrong, because only those A.F.P.R.C Decrees, that are consistent with the provisions of the Constitution, can be regarded as part and parcel of The Laws Of The Gambia. To prove this legal assertion, beyond all reasonable doubt, let me refer this distinguished audience, to Section 4 of the Constitution, which says, and I quote: “This Constitution is the supreme law of The Gambia, and any other law, found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistence be void...” To use Jurisprudential parlance, the Constitution is “the grund norm”
For his part, The Attorney General and Minister of Justice, Edward Gomez, said that the duty to respect the law has to be accompanied by the rights of access to the whole spectrum of legal documents in a way that is meaningful to the citizens and enterprises rather than just complying with the formal requirement of being publicly aware. “It is true that ignorance of the law is no excuse, it is also true that transparency, and accountability can be obtained only when legislation is made promptly accessible to citizens in a way that matches best their different information needs,” said Gomez.
Mr. Gomez added that law is not a phenomenon in The Gambia, but a mechanism for the development of the law which has been part of their system since the emergence of their nation. “However ideally, there should be revised Edition of the Laws of The Gambia every ten years,” he stated. He said the last Revised Edition prepared under the authority of the Law Revision Act, 1990 came into force on the 1st day of July 1990 which he said is some twenty years back.
The Vice president of The Gambia and Minister for Women Affairs, Aja Isatou Njie Saidy, stated that the volume of new laws and amendments increased over the years, adding that they became increasingly inaccessible even to judges and lawyers. She said new Acts, Regulations and amendments were scattered in a plethora of gazette publications, many of which she said were in short supply or simply, out of print, which she said was indeed the unsatisfactory state of our printed laws which needed to be addressed for which, they have never lost sight of since the poor state of our printed laws was brought to their attention.
Other speakers included the President of The Gambia Bar Association Sheriff Tambedou, Mr. Raymond Sock, a Law Revision Commissioner, and the Chief Justice of The Gambia, Justice Agim. Their views will be published in subsequent issues.
Source: Foroyaa
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Feb 2011 : 19:52:35
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Gush! This is really an important step in the right direction. I hope LexisNexis keeps their contract as they an authority in this field even in the United Kingdom. Also, it is important that status books and case law Reports are revised or consolidated periodically, perhaps every ten years or less, for all the reasons alluded to by the various speaker.
If I can borrow Michelle Obama's gaffe here; once in the history of the post 1994 history of our legal system, I am proud.
Thanks
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 17 Feb 2011 19:53:29 |
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