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Momodou
Denmark
11513 Posts |
 Posted - 04 Oct 2011 : 15:47:22
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Halifa Sallah's letter to President Jammeh
President of the Republic
State House
28 September 2011
Dear Sir,
Re: On the Need to temper Law Enforcement with Justice and Magnanimity
I have reflected for days and asked myself the question: Where is the Bishop Tutu of the Gambia? Since I could not get an answer I took it upon myself to write to you to express my concerns. I remember that during the incarceration of Mr Femi Peters the Inter-Party Committee did write to prominent religious and community leaders to intervene. We never got a feedback again from the head of the delegation and Mr Peters served the sentence on a matter that required truth and reconciliation approach to dispute resolution, between his party and the Inspector General of Police. It is strange that we are yet to have interlocutors like Bishop Tutu to facilitate mediation efforts to resolve problems meriting their intervention.
Mr President, it is the duty of every good citizen to play the role that Bishop Tutu is playing in South Africa, that is, to spare no effort to point out every measure in state administration or administration of justice that is mistaken or erroneous or any defects in the law or its manner of enforcement, with a view to effecting a remedy.
In this regard, I have been wondering whether your principal legal advisers have made an assessment of the impact of prosecutions emanating from cases associated with giving false information to the Office of President and Sedition.
Mr President, the people of the Gambia refer to you as His Excellency and write to you not in your personal capacity but in your capacity as the Head of State of the Republic of the Gambia. The Constitution of the Republic has given you prerogatives that are given to no other citizen. The Constitution has given special powers to the President of the Republic such as the exercise of the prerogative of mercy and then created a special relationship between the people and the Office of President so that aggrieved persons would turn to you for redress of grievances. In short, Section 25 Subsection (1)(f) categorically states that “Every person shall have the right to freedom to petition the Executive for redress of grievances and to resort to the Courts for the protection of his or her rights”
I wonder how many people are going to write to the Office of President if they see first offenders being sent to prison with hard labour because of the content of letters written to you which may have never been intended for public consumption.
I had earlier written to your principal legal adviser on charges preferred on petitioners under section 114 of the Criminal Code which makes it a misdemeanour that is punishable by a fine of five hundred dalasi or 6 months imprisonment, or both, if one gives to any public servant any information which he /she knows or believes to be false.
Mr President, you would agree with me that this provision should be removed from our statute books as a crime. The person who needs protection is the person who is injured by false information. The best way to provide redress for such a person is for him or her to file a civil suit and claim for damages. Sending a person to prison could only serve as a deterrent but could not result in the redressing of injuries. Secondly, it is my observation that the Constitution has good reason for not making the president a public servant.
Section 166 subsection (1) and subsection (3) has made it very clear which offices comprise the public service of the Gambia. Subsection (1) of section 166 states that, “Subject to an Act of the National Assembly, the Public Service of the Gambia shall comprise the civil service as established immediately before the Constitution comes into force and the offices declared elsewhere in this constitution to be offices in the public service”
Subsection (2) adds that, “…Acts of the National Assembly may provide for the establishment and regulation of separate public services of The Gambia (which may include common services for the staff of local government authorities or the staff of Public Enterprises)…”.
This is why section 169 subsection (2) states that, “In this Section, “public servant” means a person holding an office in a public service, a person in the service of a local government authority, and a person in the service of a Public Enterprise.” Section 166 provides constitutional avenues for section 169 to be given general application in the definition of a public servant even though it appears to limit the definition to the Section. In short, wherever in the Constitution an office is declared to be an office in the public service it is incorporated under section 166. Section 166 calls for amalgamation of all provisions that has something to deal with the office in the public service in order to define who is a public servant.
Mr President, Offices that are intended to comprise the public service are clearly stipulated. The Constitution is unambiguous as to who is a Public Servant.
In fact, the Constitution has barred the public servant in a thousand and one ways not to hold or seek political office while holding an office in the public service. Section 170 of the Constitution states that “a person holding an office in the Public Service shall not hold office in any political party”
Mr President, you are the Party Leader of the APRC. If you were holding an office in the public service you would not hold such a political office.
In the same vein, Subsection (2) of Section 170 of the Constitution states that, “Any person who holds an office in the Public Service who wishes to contest an election for a political office shall, prior to nomination as a Candidate, obtain one year’s leave of absence without pay, which leave shall not unreasonably be refused.”
Mr President you do not have to apply for leave to stand for elections. The National Assembly Members do not have to apply for leave to stand for elections.
In fact, Section 166 of the Constitution has made it abundantly clear that you are not holding an office under the public service. It states under Subsection 4 that, “In this constitution an office in the Public Service does not include the offices of President , Vice President , Speaker or Deputy Speaker of the National Assembly, Ministers and Members of the National Assembly…”
I therefore hope that you will exercise your prerogative of mercy to free all those who have been convicted of crimes associated with petitions sent to you and request for your principal legal adviser to ensure that other cases before the courts are terminated accordingly.
Lastly, I would like to draw your attention to the fact that in a Sovereign Republic sedition must not only be a crime based on intention but also concrete act that contradicts the lawful means of changing a government.
It is common sense that opponents of a government, in a multiparty system must convince the electorate not to support or vote for the ruling party. Here the intention to convince the people not to vote for the incumbent is to effect change by lawful means.
In my view, intention becomes seditious when one engages in violent action to achieve an aim. In that respect Sedition becomes the mother to treason. As long as violent actions do not back words a government should combat words with words or words with better governance.
Senegal was recently in flames. The Government in Guinea Conakry is even accusing its neighbors of collaborating in the attempt on the life of its president.
In The Gambia where tranquility prevails and the executive is not under any visible threat the state should not be quick to charge anyone with sedition. An open society is a tolerant society. Anger and frustrations are defused by allowing people to express themselves. The free expression of the feelings of the members of the Bar should be accommodated. Freedom of expression is a cornerstone for stability in a country. We therefore hope that you will answer to the call of the Bar association and release their colleague, former Justice Moses B. Johnson Richards.
While anticipating your positive consideration of the concerns raised
I remain
Yours in the service of the People
Halifa Sallah
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12238 Posts |
Posted - 04 Oct 2011 : 15:58:39
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"We therefore hope that you will answer to the call of the Bar association and release their colleague, former Justice Moses B. Johnson Richards.
While anticipating your positive consideration of the concerns raised"
Wait for any reaction to this letter,it may even contain some "misinformation" !  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 04 Oct 2011 15:59:14 |
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kobo
United Kingdom
7765 Posts |
Posted - 07 Oct 2011 : 01:30:58
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1. MAAFANTA.COM WITH SOMETHING INTERESTING SOUND BITES AND NICE RHYTHM LINK BY MALICK KAH "YAA NAAMAAR" PETIITION PETITION
"YAA NAAMAAR" = WOLLOF VERNACULAR CAN BE TRANSLATED AS "HUNGRY AND TIRED OF WAITING IN VAIN DESPERATELY" 
2. MORE EXPRESSIONS OF GRIEF FROM MAAFANTA.COM LINK I’M WHO YOU’RE … |
Edited by - kobo on 08 Oct 2011 15:25:40 |
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toubab1020
12238 Posts |
Posted - 08 Oct 2011 : 15:20:46
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Just in case readers didn't click on Kobo's slightly confusing link above, masked by the words :" I'm who you're ..." , get there by clicking the more recognisable link below,the content of which I have cut and pasted.
http://www.maafanta.com/BakaryDembaIAmWhoYouAre.html
I’M WHO YOU’RE …
I’m a Gambian and I’m pissed off
Yes, I have a dozen reasons plus one why…
I’m pissed off for being Selfish
I’m pissed off for being Corrupt
I’m pissed off for being a Fake
I’m pissed off for being Jealous
I’m pissed off for being Naïve
I’m pissed off for being Timid
I’m pissed off for being Scared
I’m pissed off for being Weak
I’m pissed off for being Guilty
I’m pissed off for being Patronising
I’m pissed off for being Disorganised
I’m pissed off for being Inactive to Save my Sweet Home
AND
Right now, I’m pissed off for being part of many failing to say NO to dictatorship in The Gambia …
Yes, I’m pissed off big time and I identify myself with you together with 1.7 million other citizens!!! I want to be
free, do you???
Henceforth, I challenge myself not to be who I’m, please challenge yourself not to be who I’m, for The Gambia.
Let justice guide our actions towards the common good!
Bakary Demba, UK |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo
United Kingdom
7765 Posts |
Posted - 08 Oct 2011 : 15:28:19
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| Thanks Toubab 1020! |
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