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Momodou
Denmark
11698 Posts |
 Posted - 04 Feb 2013 : 20:34:00
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HALIFA TO JAMMEH ON THE HARASSMENT OF THE INCUMBENT COUNCILLOR OF SUTUKONDING WARD
by Halifa Sallah
Foroyaa: Published on Monday, 04 February 2013
4th February 2013
President of the Republic
UFS Head of the Civil Service
State House
Banjul
Re: ON THE HARASSMENT OF THE INCUMBENT COUNCILLOR OF SUTUKONDING WARD
I am writing to you because it falls within your purview to appoint the members of the Management Committee that oversees a council after its dissolution, three months before the election of its members, as required by the Local Government (Amendment) Act 2007.
It is therefore important to bring to your notice the ultimate consequences of leaving loopholes in the administration of the Act which bred uncertainty on the part of a law abiding incumbent Councillor of Sutukonding Ward and fueled impunity of the highest order on the part of APRC party stalwarts.
You would agree with me that a National Assembly member and APRC Constituency Chairman and other party stalwarts have no jurisdiction in the administration of Councils and have no locus standi in determining Ward Development Committees. In the same vein incumbent Councillors before elections, are to be bound and guided by the provisions of the Constitution, the Laws enacted by the National Assembly and by-laws enacted by the councils. This assertion is incontrovertible.
Suffice it say that police officers are enforcers of the law and not its interpreters and adjudicators. They have no legal power to hold a law abiding person and impose an ultimatum for him to hand over materials belonging to a Ward Development Committee to a stranger, who has not provided any evidence to prove that she is legally mandated to receive them or face arrest and detention.
Any police officer who restrains any natural person for an issue that has nothing to do with suspicion that she/he as committed a crime or is about to commit one, should be held accountable for abuse of authority or be taken to the high court, under a civil suit, for unlawful arrest and detention. The question now arises: What then is the point at issue?
The local Government Elections is scheduled for 4th April 2013. The only local Government seat in the URR which has an opposition as an incumbent Councillor is Sutukonding Ward. The Electoral Commission has been engaged in sensitisation to convince the people that a level ground exists for free and fair local government elections. For your information the incumbent Councillor Saibeh Juwara has been subjected to trespass at his home by uninvited visitors and harassment by being summoned to a meeting at the Chief's residence without any just cause and was called upon to report at the Basse police station on two occasions where he was later subjected to unlawful arrest and detention from Thursday at 1.30 PM up to Sunday morning without being charged for a crime or being confronted with anyone alleging the commission of an offence. In short, since his arrest and eventual release on a 50,000 dalasi bail bond on Sunday, Saibeh was not told the crime he had committed or was suspected of being about to commit. The only question he was asked since his arrest was why he refused to hand over items he managed as Chairperson of the Sutukonding ward development Committee to a girl of unknown legal status. His answer, which he kept on repeating like a broken record has been: "I will only hand over to a person as prescribed by any law or by-law in force or on the basis of a written request from a constituted authority that has the legal mandate to issue such a memorandum".
The only answer he could get from the Station Officer, Basse Police Station regarding the cause for his arrest and detention is that it is an order from above. However that person above is still a ghost that is invisible to the naked eye.
This is why I chose to bring the whole matter to your notice for you to understand what people in the rural areas are going through even though it is claimed that there is community policing and that there exists equal standard of and access to justice irrespective of place of residence in the country.
The fishing expedition started on Tuesday, 29 January 2013 when the incumbent Councillor Saibeh Juwara received a verbal invitation to attend a meeting to be convened, the following day, at the residence of the Chief of Wuli West. When he arrived at the Chief's residence on Wednesday 30th January he met the Chief sitting with National Assembly member Kasim Jallow, the current member for Wuli West; Kassim Sowe, Kolly Bah, Mawdo Fatty and Langkoro Jawneh, all APRC stalwarts who had nothing to do with the Council that has been dissolved, the Ward Development Committee which was in existence or the interim Management Team which has been constituted to perform the functions of the Councils prior to the holding of council elections.
Despite my position on the constitutionality of such a management team which is beyond the scope of this memorandum, you would agree that any mature and fair minded person would expect the Management team to comprise technocrats who have no vested interest in usurping the role of councillors or in determining the outcome of the elections. To Saibeh's surprise it was the National Assembly member who requested for him to handover all the items he was entrusted with by the Ward Development Committee to a girl who had no credentials or letter from lawful authority in her possession to prove that she had the mandate to assume the responsibility of a trustee of the ward development Committee without any prior consultation with the Committee or the incumbent councillor of the ward.
Saibeh refused to cooperate with them unless they could show him a by-law that indicates that he should hand over to such a person or an official letter emanating from a responsible authority who has the legal powers to dispatch such a memorandum, stating the same. Since the National Assembly member and his team could not provide any document the meeting could not achieve the purpose for which it was intended and Saibeh went home.
The team of APRC stalwarts did not relent in their determination to compel the incumbent Councillor to hand over to the young girl. One of their youth leaders Langkoro Jawneh led the team to the incumbent Councillor's residence for further discussion. Despite the huge crowd which assembled at the compound Saibeh refused for the dialogue to be confrontational and maintained decorum as he stressed his position of non compliance with arbitrary requests that are not grounded on any legal authority.
They left Saibeh's compound only to return with three police officers in uniform and two in plain clothes who invited him to the police station in Basse.
He complied with their invitation and met Superintendent Danso who inquired into the matter. Saibeh explained that a group without any document to show that they are from constituted authority requested for him to hand over to a girl and that he had gone further to intimate to them that he would not do so until they bring an official letter to that effect. The Officer acted professionally and told him that if he knew the long and short of the matter, in advance, it would have sufficed to discuss the matter on the phone.
Saibeh left the station after 7pm and went home. On the following day, Thursday 31 January 2013 to be precise, Saibeh went to Basse on some errands and received a call from Police Commissioner Jatta who asked him about the handing over. When Saibeh maintained the same position he invited him to his office and later directed him to report at the Basse Police station. Saibeh left everything he was doing and went to the station thinking that he would be received with the same amount of respect he was first shown when he appeared there on Wednesday.
To his surprise when he arrived he was not engaged in a discussion. He was asked to sit behind the counter from 1:30 pm up to about 8pm before a plain clothes officer asked him to write a statement. When asked whether he was charged for an offence and what for, the officer told him that all he knew is that he has not handed over and there is no charge. Saibeh repeated the same thing in his statement and maintained that he would only hand over when there is a memorandum from lawful authority. After writing the statement he again asked whether he could leave and the response was that he should wait. Police officers continued to maintain that he was not under arrest but also told him that he was not free to go home. Technically Saibeh concluded that he was under arrest and detention. He was kept over night on Thursday 31st January. On Friday 1st February, the family members prepared themselves to meet any bail condition but were denied the opportunity to offer sanctuary to their loved one.
Mr Kijera, Mr Drammeh and Mr Juwara made effort to secure bail but to no avail. The officers insisted that he would acquire bail only if he hands over. The stand off continued up to Sunday when the 72 hours deadline had to compel the officers to allow him to secure bail by two sureties, Jambo Camara and Saikou Jawneh, who signed bail bonds to the tune of D50,000 dalasi. He is to report today without committing any crime.
Allow me to state the laws before showing how the behaviour of the APRC stalwarts and the police at Basse were in breach of the laws of the land.
First and foremost, Section 193 subsection (1) of the Constitution, which is an entrenched provision, states that: "Local Government administration in the Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy"
Section 9A of the Local Government Act as amended added that:
"(1) A Local Government Council shall stand dissolved ninety days before a Local Government election.
"(2) On the dissolution of a Council, The President shall appoint, for each Local Government Area, an Interim Management Team, consisting of such persons as he or she may determine, to perform the functions and exercise the powers of a Council until the day preceding the first meeting of a Council after a Local Government election."
It is beyond the scope of this memorandum to dwell on the constitutionality of the replacement of the democratically elected councils by interim management teams comprising appointed members who are neither autonomous nor elected. We would go the Supreme Court for a decision on this matter if negotiations in the future do not lead to amendments.
What is relevant for Saibeh's case is that the provision provides for an interim Management team to replace the Councils. The Local Government (Amendment) Act 2007 did not touch on the state of the Ward Development Committees during the three month transition. It did not state the status of the Management team with regards to the properties of Ward Development Committees and the trustees. It did not talk about the status of the incumbent elected councillors or how and when they are to hand over any matter dealing with the ward development committees to an unelected individual member of the management team.
Hence what should have happened is for by-laws to be enacted to guide the operation of local committees such as ward development Committees during a transition period.
Section 54 of the Local Government Act states that: "A Council shall have powers to make laws not inconsistent with the Constitution or any other law made by the National Assembly."
Furthermore section 60 confirms that: "A Council may make By-laws for the guidance of its local committees, National Council of Seyfolu, District, Ward or Village Committees within its jurisdiction."
The Council had powers to make by-laws explaining what should happen to the Chairpersons of Ward Development Committees during transitions before its dissolution but did not exercise them and thus left a lacuna to be filled by the Ward Development Committee by relying on its own rule of procedures to manage their properties, in the interim, until the councilors are elected before proper handing over is done, if an incumbent councillor loses a seat.
At this stage If the management team is to decide on such a matter it must come up with By-laws that would treat all incumbent councillors in a uniform manner as dictated by the rules. The process of enacting By-laws is however cumbersome. In short, the enactment of by laws starts with the passing of a bill by the council.
Furthermore",(3) a local bill passed by a Council shall, before it is signed by the Governor, be forwarded to the Minister, who shall request the Attorney General to advise him or her whether or not the local bill is inconsistent with the Constitution or any other laws of the National Assembly."
Secondly, the by-law must be published in the Gazette as follows:
"(5) A By-law enacted by a Council, certified by the Minister and signed by the Governor shall be a By-law of the Council and shall be published in the Gazette and the local media.
Lastly "(6) The public shall be given access to any By-law passed by a Council."
Hence it is clear that in the absence of By-laws a responsibility entrusted by a ward Development Committee cannot be handed over to any other authority by the trustee. It could only be handed over to the Committee upon its request. Proper safeguards must be put in place to ensure that accounts are properly audited and signatories to accounts properly changed.
Where law is silent standards of best practice takes its place. The proper thing to do is for the incumbent to remain chairperson of the Ward Development Committee until the next following council assumes office and everything is handed over to a new councilor to ensure continuity and democratic transfer of power. This is how to avoid endless changes of signatures.
Suffice it to say that in the absence of standards of best practice, consent takes its place.
Since no provision exists on how the Ward Development Committees should relate to the incumbent Councillor during the transition, a meeting of the incumbent councilors, with the Officers of the Ward Development committees and the Interim Management team should be initiated to reach a consensus on the way forward during the transition.
We therefore hope that the Inspector General of Police will investigate the role of the police in this case and provide the necessary instructions to prevent them from straying into civil and electoral matters which are within the jurisdictions of the courts and the IEC, respectively. The Minister of Regional Administration should look at the lacuna in the law regarding the management of Ward development committees during the transition so that the appropriate by-law would be put in place in consultation with the office of the Attorney General. The office of Attorney should also examine the constitutionality of the management team in the face of the requirements of section 193 (1) of the Constitution.
Lastly, the APRC should put its members on the know of what is the rule of law and bar them from utilizing the authority of chiefs and the police to carry out activities that they are not mandated to handle.
To conclude, it is important to note that this case tends to show the state of the criminal justice system in the rural areas. If a renowned Councillor could be bundled up like this for no just cause, which poor farmer could hope to have his/her right protected unless your government gives examples of the implications emanating from violation of the rights of others. Where there is no political will to defend rights those at the grassroots are bound to suffer more from the deficits of liberty.
In that regard we are expecting concrete action from the government to resolve this miscarriage of justice otherwise we will be left with no option but to go to the courts for redress.
While anticipating maximum cooperation on the side of all stakeholders to address this miscarriage of Justice,
I remain,
Yours in the service of people
Halifa Sallah
CC. Attorney General
Minister of Regional Administration
Inspector General of Police
The Governor, URR
The National Assembly Member, URR
The Commissioner of Police, URR
The Incumbent Councillor
The Ward Development Committee
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 - 05 Feb 2013 : 13:51:46
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It doesn't sound to me that the ex-councillor is entitle to keep the stuffs in his possession because he is no longer a councillor and not even an incumbent because the council is appropiately dissolved in line with the local govt act. An incumbent is someone in office fighting an election to keep his office.
Yes, those who demanded possession are not entitled to it and it would be improper for the ex-councillor to succumb to their demand as he would be breaching his fiduciary duties to the ward inhabitants in doing so. However, given that he is no longer a councillor and could not legally act as a trustee of the assets in his possession, he should take reasonable steps to transfer control to either the beneficiaries themselves, if that is possible, their appropiate representative like the Alkalo or to an appropriate central govt representative like the governor of the region or the minister for local govt.
The fact that there is a lacuna in the local govt act does not give any license to refuse central government's jurisdiction over all matters of the state. If he believes that the local govt act is unconstitutional, then the appropriate thing to do is to seek an interpretation from the Supreme Court. He cannot and must not take the law into his own hands.
If he keeps things in his possession for a much longer period without any legal authority and yet takes no reasonable steps to surrender them to a lawful authority (as described above) or to the beneficiaries themselves or their representative, that could be construed as an intention on his part to permanently deprive the people of Sutukonding of what rightfully belongs to them and that is theft. He is not an incumbent as wrongly described by Halifa. He is just one of the guys in a sleepy village called Wuli Sutukonding.
Halifa is speaking like he is the custodian of the law when he said; 'Despite my position on the constitutionality of such Management Boards,...' I find that to be very arrogant and too foolish of him . Who the hell is he to think that his interpretation of the constitution is authoritative??? His is only an opinion which he is entitle to. It is the supreme court that has tthe original jurisdiction to interprete the constitution and that is what is authoritative. Besides, Halifa has no legal training. Why then would any responsible government official take his opinion on the constitution as authoritative?? No wonder they don't hesitate to feed their bins with his letters as soon as they receive them.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 05 Feb 2013 15:00:20 |
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toubab1020
12306 Posts |
Posted - 05 Feb 2013 : 14:58:22
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Oh boy,there you go again putting us simple folks to shame with your knowledge, Nyarikangbanna,you certainly know your stuff,are you considering running for the job of Chief justice in Gambia any time soon ?
quote:
Originally posted by Nyarikangbanna
It doesn't sound to me that the ex-councillor is entitle to keep the stuffs in his possession because he is no longer a councillor and not even an incumbent because the council is appropiately dissolved in line with the local govt act. An incumbent is someone in office fighting and election to keep his office.........ETC
He is not an incumbent as wrongly described by Halifa. He is just one of the guys in Wuli Sutukonding.
Halifa is speaking like he is the custodian of the law ........ETC.
Thanks
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 05 Feb 2013 15:00:46 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 05 Feb 2013 : 15:09:27
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I wish, toubab but no. I rather try it in Brussels as a Eurocrat.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 05 Feb 2013 15:35:59 |
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toubab1020
12306 Posts |
Posted - 05 Feb 2013 : 20:09:22
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You are probably right,
quote:
Originally posted by Nyarikangbanna
I wish, toubab but no. I rather try it in Brussels as a Eurocrat.
Thanks
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo
United Kingdom
7765 Posts |
Posted - 06 Feb 2013 : 06:39:25
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[quote]Originally posted by Nyarikangbanna
It doesn't sound to me that the ex-councillor is entitle to keep the stuffs in his possession because he is no longer a councillor and not even an incumbent because the council is appropriately dissolved in line with the local govt act. An incumbent is someone in office fighting an election to keep his office.
Please dig a bit deeper into the statements to fine reasons why he kept "the stuffs in his possession" explained by Halifa and pointing our certain loopholes in administration of Local Government (Amendment) Act 2007; after dissolution of a council and the members of the Management Committee are appointed to oversee it? Also You have corroborated in your next paragraph below that "Yes, those who demanded possession are not entitled to it and it would be improper for the ex-councillor to succumb to their demand as he would be breaching his fiduciary duties to the ward inhabitants in doing so."; then decided to make certain disparaging remarks, suggestions, insinuations, aspersions and innuendos?
It appears that you have contradicted yourself from above lines in bold for the ex-councillor and fallacious to claim that "he is not even an incumbent"! You can't deny he is currently the ex-councillor (who enjoyed the last term in office as ward councillor) before the council dissolved and privilege to enjoy incumbency advantage during short 3months transitional period "fighting an election"(for forthcoming local election)to keep his office"?
There are three main advantages of incumbency, which are;
- 1. Already known in the political spectrum.
- 2. They have rather no trouble running and funding their campaigns
- and 3. They have safe seats due to their experience and sometimes ward, district and/or constituency advantage due to their parties control over a certain area that favors their political party.
Thanks to be continued later! |
Edited by - kobo on 07 Feb 2013 02:05:21 |
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toubab1020
12306 Posts |
Posted - 06 Feb 2013 : 10:34:00
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KOBO,you of course entitled to your opinion on everything,however it does seem to me that Nyarikangbanna has presented a more factual and verifiable analysis.
Not being a politico or expert academic but just a simple soul and having no involvement at all in this topic I will withdraw now. Thanks. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 06 Feb 2013 10:35:39 |
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kobo
United Kingdom
7765 Posts |
Posted - 06 Feb 2013 : 11:04:45
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[quote]Originally posted by Nyarikangbanna
It doesn't sound to me that the ex-councillor is entitle to keep the stuffs in his possession because he is no longer a councillor and not even an incumbent because the council is appropriately dissolved in line with the local govt act. An incumbent is someone in office fighting an election to keep his office.
Please dig a bit deeper into the statements to fine reasons why he kept "the stuffs in his possession" explained by Halifa and pointing our certain loopholes in administration of Local Government (Amendment) Act 2007; after dissolution of a council and the members of the Management Committee are appointed to oversee it? Also You have corroborated in your next paragraph below that "Yes, those who demanded possession are not entitled to it and it would be improper for the ex-councillor to succumb to their demand as he would be breaching his fiduciary duties to the ward inhabitants in doing so."; then decided to make certain disparaging remarks, suggestions, insinuations, aspersions and innuendos?
It appears that you have contradicted yourself from above lines in bold for the ex-councillor and fallacious to claim that "he is not even an incumbent"! You can't deny he is currently the ex-councillor (who enjoyed the last term in office as ward councillor) before the council dissolved and privilege to enjoy incumbency advantage during short three months transitional period "fighting an election"(for forthcoming local election)to keep his office"?
There are three main advantages of incumbency, which are;
- 1. Already known in the political spectrum.
- 2. They have rather no trouble running and funding their campaigns
- and 3. They have safe seats due to their experience and sometimes ward, district and/or constituency advantage due to their parties control over a certain area that favors their political party.
Yes, those who demanded possession are not entitled to it and it would be improper for the ex-councillor to succumb to their demand as he would be breaching his fiduciary duties to the ward inhabitants in doing so. However, given that he is no longer a councillor and could not legally act as a trustee of the assets in his possession, he should take reasonable steps to transfer control to either the beneficiaries themselves, if that is possible, their appropriate representative like the Alkalo or to an appropriate central govt representative like the governor of the region or the minister for local govt.
THE FACTS OF THE CASE, CONFLICT, TUSSLE AND/OR INCIDENT RELATES TO ALLEGATIONS OF APRC STALWARTS "TRESPASS", BULLYING AND "HARASSMENT" OF EX-COUNCILLOR; "SUBJECTED TO UNLAWFUL ARREST AND DETENTIONS AT THE BASSE POLICE STATION". REFER HALIFA'S STATEMENTS BELOW, FOR PROPER ASSESSMENT OF THE SITUATION BEFORE INSINUATING OR JUMPING INTO CONCLUSION WHAT EX-COUNCILLOR AND CHAIRPERSON OF WARD DEVELOPMENT COMMITTEE SAIBEH SHOULD DO?
"For your information the incumbent Councillor Saibeh Juwara has been subjected to trespass at his home by uninvited visitors and harassment by being summoned to a meeting at the Chief's residence without any just cause and was called upon to report at the Basse police station on two occasions where he was later subjected to unlawful arrest and detention from Thursday at 1.30 PM up to Sunday morning without being charged for a crime or being confronted with anyone alleging the commission of an offence."
"You would agree with me that a National Assembly member and APRC Constituency Chairman and other party stalwarts have no jurisdiction in the administration of Councils and have no locus standi in determining Ward Development Committees. In the same vein incumbent Councillors before elections, are to be bound and guided by the provisions of the Constitution, the Laws enacted by the National Assembly and by-laws enacted by the councils. This assertion is incontrovertible."
"Suffice it say that police officers are enforcers of the law and not its interpreters and adjudicators. They have no legal power to hold a law abiding person and impose an ultimatum for him to hand over materials belonging to a Ward Development Committee to a stranger, who has not provided any evidence to prove that she is legally mandated to receive them or face arrest and detention. "
"Any police officer who restrains any natural person for an issue that has nothing to do with suspicion that she/he as committed a crime or is about to commit one, should be held accountable for abuse of authority or be taken to the high court, under a civil suit, for unlawful arrest and detention. The question now arises: What then is the point at issue?"
"The only question he was asked since his arrest was why he refused to hand over items he managed as Chairperson of the Sutukonding ward development Committee to a girl of unknown legal status. His answer, which he kept on repeating like a broken record has been: "I will only hand over to a person as prescribed by any law or by-law in force or on the basis of a written request from a constituted authority that has the legal mandate to issue such a memorandum"."
"The only answer he could get from the Station Officer, Basse Police Station regarding the cause for his arrest and detention is that it is an order from above. However that person above is still a ghost that is invisible to the naked eye."
"The fishing expedition started on Tuesday, 29 January 2013 when the incumbent Councillor Saibeh Juwara received a verbal invitation to attend a meeting to be convened, the following day, at the residence of the Chief of Wuli West. When he arrived at the Chief's residence on Wednesday 30th January he met the Chief sitting with National Assembly member Kasim Jallow, the current member for Wuli West; Kassim Sowe, Kolly Bah, Mawdo Fatty and Langkoro Jawneh, all APRC stalwarts who had nothing to do with the Council that has been dissolved, the Ward Development Committee which was in existence or the interim Management Team which has been constituted to perform the functions of the Councils prior to the holding of council elections."
"To Saibeh's surprise it was the National Assembly member who requested for him to handover all the items he was entrusted with by the Ward Development Committee to a girl who had no credentials or letter from lawful authority in her possession to prove that she had the mandate to assume the responsibility of a trustee of the ward development Committee without any prior consultation with the Committee or the incumbent councillor of the ward."
"Saibeh refused to cooperate with them unless they could show him a by-law that indicates that he should hand over to such a person or an official letter emanating from a responsible authority who has the legal powers to dispatch such a memorandum, stating the same. Since the National Assembly member and his team could not provide any document the meeting could not achieve the purpose for which it was intended and Saibeh went home." Halifa Sallah
The fact that there is a lacuna in the local govt act does not give any license to refuse central government's jurisdiction over all matters of the state. If he believes that the local govt act is unconstitutional, then the appropriate thing to do is to seek an interpretation from the Supreme Court. He cannot and must not take the law into his own hands.
1. REFER ON HALIFA'S LETTER OR STATEMENTS ABOVE EXTRACTED FROM IT AGAIN TO SHOW US OR EXPLAIN WHAT DO YOU MEAN OR YOUR POINT ON FIRST SENTENCE? WHERE OR WHEN "CENTRAL GOVERNMENT'S JURISDICTION" PURPORTED TO HAVE BEEN REFUSED (FROM YOUR STATEMENT IN THAT SENTENCE)
2. WHERE DID HE "TAKE THE LAW INTO HIS HANDS"
3. Halifa had mentioned "the Supreme court for jurisdiction and decision" in this quote;
"It is beyond the scope of this memorandum to dwell on the constitutionality of the replacement of the democratically elected councils by interim management teams comprising appointed members who are neither autonomous nor elected. We would go the Supreme Court for a decision on this matter if negotiations in the future do not lead to amendments." Halifa Sallah
If he keeps things in his possession for a much longer period without any legal authority and yet takes no reasonable steps to surrender them to a lawful authority (as described above) or to the beneficiaries themselves or their representative, that could be construed as an intention on his part to permanently deprive the people of Sutukonding of what rightfully belongs to them and that is theft. He is not an incumbent as wrongly described by Halifa. He is just one of the guys in a sleepy village called Wuli Sutukonding.
1. PROPER HANDING OVER PROCEDURES MUST EXIST AND FOLLOWED TO APPROPRIATE AUTHORITY; EITHER IMMEDIATELY TO INTERIM MANAGEMENT TEAM (RESPONSIBLE MEMBER) OR ELECTED NEW WARD DEVELOPMENT COMMITTEE CHAIRPERSON THAT MAY REPLACE HIM POST-COUNCIL ELECTIONS
2. ALSO THERE SHOULD BE "REASONABLE TIME" AVAILABLE FOR PROPER HANDING OVER HALIFA'S STATEMENT REFER AS FOLLOWS;
"You would agree with me that a National Assembly member and APRC Constituency Chairman and other party stalwarts have no jurisdiction in the administration of Councils and have no locus standi in determining Ward Development Committees. In the same vein incumbent Councillors before elections, are to be bound and guided by the provisions of the Constitution, the Laws enacted by the National Assembly and by-laws enacted by the councils. This assertion is incontrovertible."
"The Council had powers to make by-laws explaining what should happen to the Chairpersons of Ward Development Committees during transitions before its dissolution but did not exercise them and thus left a lacuna to be filled by the Ward Development Committee by relying on its own rule of procedures to manage their properties, in the interim, until the councilors are elected before proper handing over is done, if an incumbent councillor loses a seat." Halifa Sallah
3. HALIFA'S INTERVENTION FROM THIS STATEMENT EXTRACTED READ AS FOLLOWS;
"Since no provision exists on how the Ward Development Committees should relate to the incumbent Councillor during the transition, a meeting of the incumbent councilors, with the Officers of the Ward Development committees and the Interim Management team should be initiated to reach a consensus on the way forward during the transition." Halifa Sallah
4. AGAIN YOU WRONGFULLY STATED "HE IS NOT AN INCUMBENT" WHICH IS ALREADY DEALT EARLIER
5. THEREFORE "THIS ASSERTION IS INCONTROVERTIBLE" FACT;
" The only local Government seat in the URR which has an opposition as an incumbent Councillor is Sutukonding Ward." Halifa Sallah
Halifa is speaking like he is the custodian of the law when he said; 'Despite my position on the constitutionality of such Management Boards,...' I find that to be very arrogant and too foolish of him . Who the hell is he to think that his interpretation of the constitution is authoritative??? His is only an opinion which he is entitle to. It is the supreme court that has tthe original jurisdiction to interprete the constitution and that is what is authoritative. Besides, Halifa has no legal training. Why then would any responsible government official take his opinion on the constitution as authoritative?? No wonder they don't hesitate to feed their bins with his letters as soon as they receive them.
1. Suffice to state in your own words that "His is only an opinion which he is entitle to." but don't blow it out of proportion or his ("Despite my) position" which he firmly belief to be an authoritative opinion taken out of context or distorted from you please
2. Halifa had mentioned "the Supreme court for jurisdiction and decision" in this quote;
"It is beyond the scope of this memorandum to dwell on the constitutionality of the replacement of the democratically elected councils by interim management teams comprising appointed members who are neither autonomous nor elected. We would go the Supreme Court for a decision on this matter if negotiations in the future do not lead to amendments." Halifa Sallah
3.Please stop being mischievous, vilifying and denouncing Halifa Sallah as "arrogant"? Observed you are an adverse critic, fault finder, hate, resent, spiteful, engrossed in smearing campaign and censoring him always.
Thanks for your opinions (which you are entitled to like every other person; including Halifa and myself)! |
Edited by - kobo on 07 Feb 2013 02:23:15 |
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kobo
United Kingdom
7765 Posts |
Posted - 07 Feb 2013 : 03:01:52
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[quote]Originally posted by toubab1020
KOBO,you of course entitled to your opinion on everything,however it does seem to me that Nyarikangbanna has presented a more factual and verifiable analysis.
WITH DUE RESPECT TO EVERY ONE'S OPINION AND PARTICIPATION IN OUR DISCOURSE, NYARIKANGBANNA ERRED AND/OR WAS DISINGENUOUS IN HIS ANALYSIS AND WE NEED A REJOINDER ESPECIALLY ON FOLLOWING POINTS (AMONGST OTHERS);
- INCUMBENCY?
- WHAT ACTUALLY TRANSPIRED AND OBJECTIVE OF THE LETTER?
- FACTS OF THE CASE?
- WHAT APPEAR FABRICATING CERTAIN ALLEGATIONS AGAINST EX-COUNCILLOR SAIBEH JUWARA PURPORTED TO WILFULLY ACTED "UNLAWFULLY" AND/OR HAD SOME ISSUES ON "THEFT"; IN NOT HANDING OVER?
- HALIFA'S INTERVENTION ON THE LEGAL DEFECTS OR LOOPHOLES MISCONSTRUED AND/OR DISTORTED?
- LEGAL PROCESS, LACUNA, INTERPRETATION OF THE LAW AND ROLE OF SUPREME COURT?
- LAW ENFORCEMENT AND "PROTECTION OF RIGHTS OF THE CITIZENRY"?
- THE AUDACITY TO ACCUSE HALIFA SALLAH BEING "ARROGANT AND TOO FOOLISH OF HIM" FROM HIS
"Despite my" "OPINION" TAKEN OUT OF CONTEXT; WHICH HE BELIEF TO BE AN AUTHORITATIVE OPINION?
Thanks |
Edited by - kobo on 07 Feb 2013 03:49:07 |
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kobo
United Kingdom
7765 Posts |
Posted - 07 Feb 2013 : 03:22:13
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HALIFA'S LETTER TO THE INSPECTOR GENERAL OF POLICE
by Halifa Sallah
Foroyaa: Published on Monday, 06 February 2013
5th February 2013
INSPECTOR GENERAL OF POLICE POLICE HEADQUARTERS BANJUL
Re: ON THE FUTURE RELATION BETWEN THE POLICE AND PDOIS PARTY MEMBERS AFTER THE INCUMBENT COUNCILLOR'S EXPERIENCE
PDOIS does not intend to transform the Sutukonding Ward incident into a storm in a tea pot. As transmitted to the Head of State and copied to you, the police force is a disciplined force and has a major role to play in maintaining a viable pluralistic political system which allows members of different political parties to receive equal treatment before the law. The promotion of civil- police relation and community policing is geared towards creating an environment that is conducive for the protection of the rights of the citizenry, their physical persons and properties.
My humble reading teaches me that each stage of law enforcement administration is circumscribed by laws and standard rules of procedure. There is a clear line of demarcation between information, intelligence, evidence, charge and verdict. It is understandable that law enforcement administration starts with information from informants. To ascertain information intelligence is needed. This is acquired through investigation. Many states have seen the need to create a separate general intelligence unit which specialises in collecting intelligence without having any arresting and prosecution powers and criminal investigation bureaus or departments that have arresting and prosecution powers. The objective of investigation is to ascertain facts and gather them so that they could be corroborated into evidence. It is the corroborated evidence that is relied on to formulate a charge. After this point, the courts take over to hear the evidence of all sides to determine a verdict of innocence or guilt.
The standard process in law enforcement is to receive a complaint through the writing of a statement followed by a study of the statement to determine whether the complaint alleges criminal behaviour or intent or a civil matter, in which case the complainant should be advised accordingly. If it touches on criminal matter, the suspect may then be arrested and told why he or she is arrested within three hours as far as the Constitution of the Gambia is concerned. The suspect may then respond to the allegation if he or she desires without any compulsion or imposition. This voluntary statement could then be gauged against the statement of the complainant. Law enforcement officers do even confront suspects and their accusers just to weigh the density of the evidence to determine whether it is worth preferring a charge. A professional law enforcement officer would not detain any free citizen on complaints that do not allege any criminal wrongdoing.
Herein lay the reason why the detention of the incumbent Councillor of Sutukonding Ward was a breach of standard police procedures and the professionalism that is expected of members of a disciplined force. No criminal behaviour could be alleged against an incumbent Councillor for refusing to hand over to a girl who had no credentials to show that she had the legal authority to assume the role she was being asked to undertake by a National Assembly member.
Suffice it to say that the linking of bail to handing over to the girl placed your officer on the pedestal of a magistrate or judge who are the only ones who could give orders and punish those who disobey the orders.
We therefore hope that it would be intimated to your officers that they are officers of the state and not agents of a political party. Section 222 of the Constitution, paragraph 13 states that:
"A person holding an office in a public service or any disciplined force shall not-
(a) allow his or her political inclinations to interfere with the discharge of his or her official duties;
(b) be a member of, or take part in any association of persons which might prevent him or her from impartially discharging his or her duties; or
(c) take part in any activities which cast doubt on his or her capacity to deal impartially with matters or issues which are the concern of his or her public office or which interfere with the performance of his or her public duties."
This provision constitutes a code of conduct and it is sacrosanct.
We therefore trust that in the spirit of community policing and good civil/police relation you will investigate into what happened and address it accordingly in the interest of truth and justice.
While anticipating an affirmative action,
I remain,
Yours in the service of the people
Halifa Sallah
Secretary General
C.C The President of the Republic
The Attorney General and Minister of Justice
The Minister of Interior
The Minister of Regional Administration
The IEC |
Edited by - kobo on 07 Feb 2013 05:30:54 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 07 Feb 2013 : 14:14:42
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Is he asking for a privileged police protection for the PDOIS party when he said; 'While anticipating an affirmative action,..'Or has he just lost his bearings to the extend that he doesn't know how to choose words now?
Affirmative action is a language of political correctness aim at protecting the interest of social minorities. Is pdois a social minority class/group of the society that needs special protection to warrant affirmative action from the Police to guarantee its survival? I am sure the crude lecture contained in the letter is enough to give the IGP hypertension. Watch out for him at the A and E in Banjul.
Halifa is really annoying.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 07 Feb 2013 14:39:12 |
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kobo
United Kingdom
7765 Posts |
Posted - 08 Feb 2013 : 06:06:31
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Originally posted by Nyarikangbanna
Is he asking for a privileged police protection for the PDOIS party when he said; 'While anticipating an affirmative action,..'Or has he just lost his bearings to the extend that he doesn't know how to choose words now?
Affirmative action is a language of political correctness aim at protecting the interest of social minorities. Is pdois a social minority class/group of the society that needs special protection to warrant affirmative action from the Police to guarantee its survival? I am sure the crude lecture contained in the letter is enough to give the IGP hypertension. Watch out for him at the A and E in Banjul.
Halifa is really annoying.
1. Am sorry for you brother as a relentless invincible or unknown sort of arch enemy of Halifa Sallah, hater and bigot. Halifa Sallah does not know you but you are always bashing, castigating him, challenging and boasting with your malicious vile slanders always in public; behind his back (as if you are same calibre with him or you surpass his political standards and more knowlegeable)
2. Halifa "is really annoying" but you are obsessed following his advocacy and sensitisation (which you consider "crude lectures"); investing lot of energy (on negative petty criticism, unproductive and futile exercise) in distortions, smearing campaign and disinformation of his expositions; articles and opinions
3. REVIEW SUBSTANCE OF THE LETTER ADDRESSED TO THE INSPECTOR GENERAL OF POLICE (I.E. HALIFA'S PROPOSITION ON PREDICAMENT OF A POLITICAL VICTIM OF DIRTY POLITICS AND STATE TERROR, LAPSES IN LAW ENFORCEMENT, POLICING INCOMPETENCY, DRAWING ATTENTION TRAMPLING OF RIGHTS, ON IMPUNITY AND FIGHTING FOR JUSTICE] TO TRY PUTTING PHRASE IN PROPER CONTEXT; WITHOUT ANY PREJUDICE? PHRASE "While anticipating an affirmative action," ALSO IN SIMPLE TERMS MEANS While anticipating an affirmative reply". THEREFORE THERE IS NO NEED TO SUGGEST FOOLISHLY OTHERWISE AND DECEPTIVE HYPE ON "POLITICAL CORRECTNESS"
5. TWO USEFUL SOURCES OF REFERENCE; FOR BETTER UNDERSTANDING AND BACK TO SCHOOL ON EXPRESSION(S) OF THE PHRASE
6. IN ONE CONTEXT "AFFIRMATIVE ACTION" PHRASE APPROPRIATELY IS BEFITTING FOR "POLICIES" & "INITIATIVES" AND WHAT YOU WANT TO DECEITFULLY AND MALICIOUSLY USE TO DISTORT HALIFA'S USAGE OF THE PHRASE TO MERELY EXPRESS AN "ASSERTIVE" REQUEST AS SAME FOR WRITING "WHILST ANTICIPATING AN AFFIRMATIVE REPLY"
7. IN THE OTHER CONTEXT THE DICTIONARY MEANINGS LITERAL SIMPLE ENGLISH APPLY FOR COMMON UNDERSTANDING TO TAKE FIRM (IN "ASSERTIVE" SENSE OR "POSITIVE" ATTITUDE) ACTION ACCORDINGLY; AND IN STRONGEST TERMS "LOGIC" OF PHRASE ("Whist anticipating an affirmative action") ARE ALL INTERCHANGEABLE WITH "an affirmative reply" AND "a reply in the affirmative"; DEPENDING ON "EFFECTIVE FORMAL COMMUNICATION" AND AS ENGLISH IS NOT OUR MOTHER TONGUE
quote:
"To err is human; to forgive, divine." Alexander Pope
Thanks |
Edited by - kobo on 08 Feb 2013 10:28:28 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 08 Feb 2013 : 13:09:29
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All comes down to arrogance fuelled wrong choice of words as a result of Halifa loosing his bearings.
Bloody nuisance that Halifa Sallah. |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 08 Feb 2013 13:30:59 |
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sankalanka
270 Posts |
Posted - 08 Feb 2013 : 14:18:47
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| Nyari, I want to advance a theory why you are always dismissive of Halifa. I will be back on this topic. |
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toubab1020
12306 Posts |
Posted - 08 Feb 2013 : 14:33:40
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OOOOOOOOOOOOOOOOOOOOOO.....Oh!!!.................
It's only Politics after all,a bit like being passionate about your favorite football team !
Remember KOBO's wise quote ?
"To err is human; to forgive, divine."
quote:
Originally posted by Nyarikangbanna
All comes down to arrogance fuelled wrong choice of words as a result of Halifa loosing his bearings.
Bloody nuisance that Halifa Sallah.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 08 Feb 2013 14:38:26 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 08 Feb 2013 : 14:57:48
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quote:
Originally posted by sankalanka
Nyari, I want to advance a theory why you are always dismissive of Halifa. I will be back on this topic.
Because Halifa is dismissive of everybody else except those who submit themselves to him and his narcissist politics, and he is selling something that he does not have; perfectionism. He is only an arrogant narcissist. Nothing else.
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I do not oppose unity but I oppose dumb union. |
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