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kobo
United Kingdom
7765 Posts |
 Posted - 10 Feb 2013 : 01:15:19
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Toubab 1020. YOUR COMMENT "LITTLE BRUISED" IS NOT ACCEPTABLE BECAUSE ITS ABOUT EDUCATION (I.E. ENGLISH GRAMMAR) AND CLEARING THE AIR ON DISINGENUOUS MISINFORMATION, DISTORTION AND DISORIENTATION THEREFORE GO STRAIGHT TO THE POINT ON THESE PLAIN ENGLISH; IN SIMPLE TERMS AND SOMETHING INCONTROVERTIBLY CLEAR TO ALL OF US 
ASKING FOR THIRD PARTY HELP OR OPINION FROM OTHER BANTABA MEMBERS, FOLLOWERS, VIEWERS AND ACADEMICIANS TO LEARN ENGLISH GRAMMAR PLEASE;
- Whether it was proper or not proper for Halifa Sallah to state in his propositions and letter to Inspector General of Police; "Whilst anticipating an affirmative action!" literally?
- or in formal letters is phrase "Whilst anticipating an affirmative action!" relatively "Whilst anticipating an affirmative reply (i.e to reply by some form of action, performance, etc)" or Whilst anticipating action in the affirmative literally ?
THANKS |
Edited by - kobo on 10 Feb 2013 02:10:43 |
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toubab1020
12309 Posts |
Posted - 10 Feb 2013 : 12:20:23
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KOBO,get real,you are a human being,male or female I have no idea who you are or what your first language is.
When I commented on your last posting and your words "ITS ABOUT EDUCATION (I.E. ENGLISH GRAMMAR)" again you slipped into politico speak in order to try to boost the credibility of your chosen political figure.I commented on YOUR PERSONAL feelings that must have been affected during the interactions between posters on this topic.
I hope that you understand my words better now.I am not qualified at all to help you in your quest for "THIRD PARTY HELP" "TO LEARN ENGLISH GRAMMAR" There may be a person who knows and reads Bantaba in Cyberspace who is and who is an expert in the English language.
You may feel now that it is time for you to move on from this topic and post another topic which can be discussed.I have written all I am going to write on this topic now.It wouldn't surprise me at all if a post was made by the moderator or "Admin" here pointing out that this topic has now been derailed and he or she changes its status to a locked topic. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 10 Feb 2013 12:23:34 |
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kobo
United Kingdom
7765 Posts |
Posted - 10 Feb 2013 : 14:21:05
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toubab 1020. Thanks for your comments and conviction of little use to us
TOPIC IS NOT DERAILED AS THE POINT CONTENDED OR CONTENTION IS ON THIS QUOTE;
quote:
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.
Thanks
THEREFORE ANYONE PLEASE FOCUS ON STRAIGHT FORWARD QUESTIONS BELOW FOR DIRECT "YES" OR "NO" ANSWER AND "WHY" OR REASONS TO SUPPORT IT
ASKING FOR THIRD PARTY HELP OR OPINION FROM OTHER BANTABA MEMBERS, FOLLOWERS, VIEWERS AND ACADEMICIANS TO LEARN ENGLISH GRAMMAR PLEASE;
- Whether it was proper or not proper for Halifa Sallah to state in his propositions and letter to Inspector General of Police; "Whilst anticipating an affirmative action!" literally?
- or in formal letters is phrase "Whilst anticipating an affirmative action!" relatively "Whilst anticipating an affirmative reply (i.e to reply by some form of action, performance, etc)" or Whilst anticipating action in the affirmative literally ?
THANKS |
Edited by - kobo on 10 Feb 2013 15:00:24 |
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kobo
United Kingdom
7765 Posts |
Posted - 11 Feb 2013 : 17:25:27
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HALIFA WRITES TO MINISTER OF REGIONAL ADMINISTRATION ON THE IMPASSE AFFECTING SUTUKONDING WARD
by Halifa Sallah
Foroyaa Burning Issues: Published on Monday, 11 February 2013
11th February 2013
Re: On The Impasse Affecting Sutukonding Ward After The Dissolution of the Councils
As conveyed to the President of the Republic and copied to you, Mr Saibe Juwara who has been occupying the seat of Chairman of the Sutukonding Ward Development Committee by virtue of the statutory requirement of Section 101 of the Local Government Act was approached by a delegation comprising the National Assembly member,
Wuli West, the APRC Constituency Chairman, APRC Constituency Youth leader and was asked to hand over all that was put under his charge to a young girl who did not submit any credentials to him to show that she is legitimately empowered to perform the role she was requesting to assume. His refusal to bow down to their demand unless he receives a memorandum from a constituted authority, legally established by statute, asking him to hand over matters put under his charge,did lead to an impasse which is yet to be addressed.
As the Minister responsible for the administration of the Local Government Act it is important to inform you that, since he made his pronouncement, Mr Saibe Juwara has not received any official correspondence from any authority indicating what he should do after the dissolution of the councils followed by the establishment of a management team.
This is precisely the reason why it was deemed prudent to draw your attention to the impasse so that a mechanism could be put in place to facilitate a smooth transfer of authority after dissolution of the councils, in the absence of what is prescribed by an Act, By-law or other subsidiary legislations.
You would agree with us that the issue of smooth transfer of authority is a key objective in all democratic transitional arrangements. To effect it requires constitutional, statutory, institutional, procedural and administrative responses. Those of you who are constitutionally empowered to exercise direction and control over the Ministries have the responsibility to oversee the administration of the Acts designed to guide the operation of institutions put under your charge. Any ambiguity, superfluity or inconsistency detected in law or practice in the process of the administration of your duties should be identified and addressed through legal, procedural or institutional reform or modification of normative practices in terms of consensus building management and implementation mechanisms.
To make matters short, it is important to note that the current impasse is brought about by the amendment of the local Government Act without filling the vacuum it creates at the lower rung of local government administration. The local government reform was designed to be a bottom up process engendering autonomous village development committees, ward development committees and councils that would ensure grass-roots participation in the administration of their affairs at each level.This approach to local Government administration is engendered by Section 193 subsection 1 of the Constitution which 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".
If these provisions were to guide any amendment to the Local Government Act Section 9a of the Local Government Amendment Act 2007 would not have facilitated the replacement of democratically elected councils with unelected Management Teams appointed by the Executive.
The amendment reads:
''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/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.''
In a normal democratic transition the elected representatives would continue in office until the day before the first session of a representative institution is convened, after an election.
A clear example of such a transitional mechanism is embodied in section 99 of the Constitution which states: "Subject to the provision of this section the National Assembly shall stand dissolved on the date immediately preceding the day appointed for the first session of the next following National Assembly". In this way one avoids a vacuum in representation by allowing the incumbent to fill the gap.
Now that the Councils are dissolved, De Jure, there should be no Councillors. Interestingly enough, the Members of the Management Teams are not provided with specific roles, that enable them to satisfy the requirements of section 101 (1 a) of the local government Act as far as the Ward Development Committees are concerned.
Section 101 of the Local Government Act simply states that ''(1) A Ward Development Committee shall consist of
a. The Councillor for the Ward as Chairperson;
b. One male and one female representative from each Village Development Committee elected by the Village Development Committee;
c. Representatives of organisations involved in development activities at ward level; and
d. Such other persons as the Council shall from time to time determine. ''
Section 104. adds that '' (1) Meetings of a Ward Development Committee shall be convened by the Chairperson of the committee at such times and places as the Committee shall deem expedient for the conduct of its business.
(2) Special meetings may be summoned by the Chairperson at the request of any ex-officio member or at least five members on a matter of urgency.''
It is absolutely clear that the Chairman of the Ward Development Committee must be the Councillor and the amendment to the Act does not state who should replace the councillor as Chairperson of a Ward Development Committee after the dissolution of the Council.It does not outline how the transfer of functions and responsibilities should be legitimately effected. In this respect, Councillors after the dissolution of councils cannot divorce themselves from the responsibilities they have held by virtue of office. Hence they are, De Facto ,incumbent Councillors until you take the steps required to ameliorate the impasse
It is therefore important for your Ministry to initiate a consultative process with the Attorney General and Minister of Justice and all stakeholders so that you could come up with a mechanism for the management of the transition process between the dissolution of Councils and the holding of the first session of councils after elections, that is reasonable and justifiable in a democratic society.
It is not an ordinary matter to change signatories to bank accounts without legal processes authorized by statutes, by laws and procedures consonant with the principles of transparency and accountability.
While anticipating your expert intervention to address the impasse
I remain
Yours in the Service of the People
Halifa Sallah
Secretary General
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Edited by - kobo on 11 Feb 2013 17:27:14 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 11 Feb 2013 : 18:02:56
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Somehow Halifa is trying to insinuate that the ex-councillor is entitled to keep these stuff in his possession until at such time when he shall receive correspondence from a recognised authority. I find that bit bizzre.
First of all, we need to understand how the ex-councillor came to have these ward properties in his possession. They came into been in his possession because he was the chairman of the Ward Committee by virtue of his position as Councillor and in line with the Local Government Act. In effect, he became a trustee of these properties by virtue of his position as an elected councillor of the ward. However, his office is now dissolved and appropriately so. That means he has lost his job as a councillor and can no longer serve as a trustee of the properties in his possession. He therefore need to take appropriate steps to ensure that the properties revert to beneficiaries through a constituted local authority which in this case, is the Interim Management Team,(the ward committee fall under the purview of the council which is now replaced by an Interim Management Team) or directly to themselves, if that's possible.
If, on the hand, the ex-counllicor is arguing that there is no constituted local authority to handover to (that would be fallacious of him), and that it is impossible to handover to the beneficies themselves, then he should take reasonable steps to handover to the Minister for Lands and Regional Administration either directly or indirectly through his agent in the region, The Governor, since local government administration legally falls under the general purview of the Minister for Lands and Regional Administration.
The argument that those who demanded possession are not entitle to it is valid but that does not give the ex-councillor any right to remain in possession either. Surely there are a number of legitimate authorities out there to which he can transfer possession. If they did not write to him asking the same, he is still duty bound to take reasonable steps to handover to one of them since he is no longer qualified to act as a trustee by virtue of his lost of office.
Depending on the nature of the assets in his possession, the ex-councillor could expose himself to following risks if this charade continuouss;
1. If the properties can be appropriated to generate income for the ward but for the ex-councillor's failure to handover, he could be ask to reimburse the ward for the lost that he has caused them.
2. If the ex-councillor decides to keep the stuffs for an unreasonable longer period without taking reasonable step to transfer possession to a lawful authority (the interim management Team legally replaced the dissolved council. So it should be the Interim Management Team) or to the beneficiaries themselves, an intention to permanently deprive the ward inhabitants what rightfully belong to them can be construed thereof and that sounds to me as theft.
I noticed that Halifa has changed his language. Instead of incumbent Councillor, he now refers to the guy as ' the de facto incumbent'. Gosh!! There is no such thing as 'the de facto incumbent'. You are either an incumbent or not an incumbent. 'De facto' means unofficial but by whose standard??? The ex-councillor is just one of the guys in sleepy Wuli Sutukonding.
I celebrate the fact that Halifa conceded to my point that the ex-councillor is not an incumbent. I am sure Toubab will be pleased that we are not doing any affirmative action on this one. 
The End |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 12 Feb 2013 08:18:32 |
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kobo
United Kingdom
7765 Posts |
Posted - 12 Feb 2013 : 05:01:04
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1. DEJA VU FOR THESE DELUSIONS OF GRANDEUR AND FUTILE SMEARING CAMPAIGN EXERCISE
quote:
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.
Thanks
2. RELATING TO YOUR COMMENTS (ABOVE QUOTE) NO MEMBER (INCLUDING YOUR DEAR TOUBAB 1020), VIEWER, ACADEMICIAN OR INDEPENDENT THIRD PARTY HAS POINTED GRAMMATICAL ERRORS ON THE POINT CONTENDED OR CONTENTION ON QUOTE BELOW?
THEREFORE HELP OR OPINION FROM OTHER BANTABA MEMBERS, FOLLOWERS, VIEWERS AND ACADEMICIANS TO LEARN ENGLISH GRAMMAR PLEASE
THEREFORE ANYONE PLEASE FOCUS ON STRAIGHT FORWARD QUESTIONS BELOW FOR DIRECT "YES" OR "NO" ANSWER AND "WHY" OR REASONS TO SUPPORT IT
- Whether it was proper or not proper for Halifa Sallah to state in his propositions and letter to Inspector General of Police; "Whilst anticipating an affirmative action!" literally?
- or in formal letters is phrase "Whilst anticipating an affirmative action!" relatively "Whilst anticipating an affirmative reply (i.e to reply by some form of action, performance, etc)" or Whilst anticipating action in the affirmative literally ?
3. YOU CANNOT WIN ON "DISTORTION", "MISINFORMATION", "MALICIOUS SMEARING CAMPAIGN" AND "MALIGN" TO AN HONOURABLE MAN IN FRONT-LINE GAMBIAN POLITICS AS OPPOSITION LEADER; FIGHTING FOR VOICELESS AND VICTIMS OF TYRANNY, EXPOSING THE HOSTILE POLITICS AND ADDRESSING A CLEAR CASE OF BULLYING TACTICS AND "HARASSMENT OF THE INCUMBENT EX-COUNCILLOR" WITH THE AUTHORITIES? I THOUGHT "INCUMBENCY" IS "FISH" BAGGED, COOKED AND EATEN ALREADY
4. LITERALLY AGAIN POINTS 2 & 3. APPLY FOR "DE FACTO" "INCUMBENT"; SO REFERRING TO QUOTE BELOW IS FALLACIOUS
quote:
Originally posted by Nyarikangbanna
"I noticed that Halifa has changed his language. Instead of incumbent Councillor, he now refers to the guy as defacto incumbent. Ghosh!! There is no such thing as defacto incumbent. The guy is just one of the guy in sutukonding. Anyway, I celeberate the fact that he conceded to my point that the ex-councillor is not an incumbent."
5. READERS CAN REFER ON DICTIONARY MEANING AND EXAMPLES BELOW TO EXPOSE YOUR DISTORTIONS, TAKING HALIFA'S STATEMENTS OUT OF CONTEXT, DISTRACTIONS FROM THE FACTS OF THE CASE OR MAIN ISSUES AND VILE SLANDERS;
- Halifa Sallah:"Now that the Councils are dissolved, De Jure, there should be no Councillors. Interestingly enough, the Members of the Management Teams are not provided with specific roles, that enable them to satisfy the requirements of section 101 (1 a) of the local government Act as far as the Ward Development Committees are concerned."
REFER ON HALIFA'S STATEMENT AND NOTE POINT 1. ON TWO WORDS HIGHLIGHTED BOLD: De Jure (Meaning "by right; according to law (distinguished from de facto )."
- "Halifa Sallah: "It is absolutely clear that the Chairman of the Ward Development Committee must be the Councillor and the amendment to the Act does not state who should replace the councillor as Chairperson of a Ward Development Committee after the dissolution of the Council.It does not outline how the transfer of functions and responsibilities should be legitimately effected. In this respect, Councillors after the dissolution of councils cannot divorce themselves from the responsibilities they have held by virtue of office. Hence they are, De Facto ,incumbent Councillors until you take the steps required to ameliorate the impasse"
POINT 2. DE FACTO FROM THESE DICTIONARY MEANINGS; READERS WOULD WONDER WHY BELABOUR YOURSELF ON PETTY FAULT FINDING AND DISTORTION; KNOWING FULLY WELL YOU CAN'T FOOL ANYONE HERE AND FEED US WITH DECEITFUL RUBBISH?
De facto:
"1.in fact; in reality
"2. actually existing, especially when without lawful authority (distinguished from de jure)."
THANKS |
Edited by - kobo on 12 Feb 2013 11:31:58 |
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kobo
United Kingdom
7765 Posts |
Posted - 22 Feb 2013 : 08:37:43
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PDOIS WRITES TO MINISTER ON SUTUKONDING WARD IMPASSE MINISTER OF REGIONAL ADMINISTRATION, LANDS & TRADITIONAL RULERS
by Halifa Sallah
Foroyaa Burning Issues: Published on Thursday, 21 February 2013
RE: PROPOSAL TO OVERCOME THE IMPASSE AT SUTUKONDING WARD
"It has been brought to our notice that no letter has been received by the incumbent Councillor of Sutukonding Ward emanating from a legally constituted authority prescribing a Uniform handing over procedures for general observation by all incumbent councillors, after the dissolution of councils.
The period, March 14th to 16th is scheduled to serve as Nomination days for Council Elections. Mr Saibeh Juwara is fully conscious of his duty to fill the vacuum created by the Amendment of the Local government Act in 2007 before nomination day to prevent the Properties of the Ward Development Committee from being used to the advantage of any of the candidates during the campaign period. He has therefore been advised to hand over Ward Development Committee properties to the Committee. The reason for this is simple.
Section 9 (a) of the Local Government Act makes provision for the dissolution of a council 90 days before a local government elections and the setting up of a Management team to oversee Council matters.
In the same vein where there are no councils there are no Councillors. The absurdity, uncertainty and ambiguity arises when one considers that it is statutorily provided under Section 101 of the Local Government Act that only the councillor of a Ward could be a Chairperson of a Ward Development Committee and no one else.
It goes without saying that the effect of dissolving the council is to render the ward without a councillor and the ward development Committee without a Chairman to hand over to. Hence de facto, Mr Saibeh Juwara remained the custodian of the properties of the ward development committee because of lacuna in the Local Government Act which did not provide for a transitional arrangement for the chair of the Ward Development Committee after a dissolution.
To address this vacuum, Mr Saibeh Juwara has been advised that it is legitimate in law and good practice to hand over a property to its owner. Since the Ward Development Committee is an autonomous entity that is established by statute, Mr Juwara has been advised to write a letter to the Secretary of the Ward Development Committee to indicate his intention to hand over all properties he has held on behalf of the Committee as Chairman, to its members . He is to address a letter to the Governor and the Management Team requesting them to send representatives to witness the handing over ceremony. He is also to address a letter to the Commissioner of police requesting for a permit to use a public address system for the handing over ceremony.
We hope all stakeholders will cooperate with him to ensure a successful handing over ceremony which ultimately should be followed by a stakeholders meeting after the council elections to review the Local Government Act as amended to address the lacuna in the law which engenders ambiguity, inconsistency and uncertainty in its administration and enforcement.
While anticipating the cooperation of all stake holders
I remain,
Yours in the Service of the People
Halifa Sallah
Secretary General
PDOIS" |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 22 Feb 2013 : 17:05:15
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Good. It looks like Halifa is heeding to my advice and that the ex-councillor is taking reasonable steps to hand over properties he is no longer entitled to hold after the abrogation of his office and position pending subsequent election.
Regardless of the lacuna in the law, the fact remains that the ex-councillor was only a mere trustee and is no longer entitled to hold onto these properties after he lost his job as councillor. He is therefore legally obliged to give tHe properties to their righful owners either directly or indirectly. The lacuna does not affect the substantive law and is merely of procedural nature.
All tHese crap that Halifa is hyping about are mere procedural issues which makes no difference to the fundamental facts of the matter. The council was legally dissolved and replaced by an Interim management committee. That committee is therefore the nominated agent of the people of Sutukonding as a matter of law and therefore a constituted authority to which the ex-councillor should hand over properties to. Halifa now understands this and have accordingly advised the ex-councillor.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 22 Feb 2013 17:11:04 |
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kobo
United Kingdom
7765 Posts |
Posted - 25 Feb 2013 : 09:45:23
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IMPORTANT NOTES AND CASE SUMMARY FROM HALIFA'S LETTERS QUOTED BELOW;
1. "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."
2."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."
"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 councillors are elected before proper handing over is done, if an incumbent councillor loses a seat."
3. "Section 9 (a) of the Local Government Act makes provision for the dissolution of a council 90 days before a local government elections and the setting up of a Management team to oversee Council matters.
In the same vein where there are no councils there are no Councillors. The absurdity, uncertainty and ambiguity arises when one considers that it is statutorily provided under Section 101 of the Local Government Act that only the councillor of a Ward could be a Chairperson of a Ward Development Committee and no one else.
It goes without saying that the effect of dissolving the council is to render the ward without a councillor and the ward development Committee without a Chairman to hand over to. Hence de facto, Mr Saibeh Juwara remained the custodian of the properties of the ward development committee because of lacuna in the Local Government Act which did not provide for a transitional arrangement for the chair of the Ward Development Committee after a dissolution.
To address this vacuum, Mr Saibeh Juwara has been advised that it is legitimate in law and good practice to hand over a property to its owner. Since the Ward Development Committee is an autonomous entity that is established by statute, Mr Juwara has been advised to write a letter to the Secretary of the Ward Development Committee to indicate his intention to hand over all properties he has held on behalf of the Committee as Chairman, to its members . He is to address a letter to the Governor and the Management Team requesting them to send representatives to witness the handing over ceremony. He is also to address a letter to the Commissioner of police requesting for a permit to use a public address system for the handing over ceremony.
We hope all stakeholders will cooperate with him to ensure a successful handing over ceremony which ultimately should be followed by a stakeholders meeting after the council elections to review the Local Government Act as amended to address the lacuna in the law which engenders ambiguity, inconsistency and uncertainty in its administration and enforcement." Halifa Sallah
TO NOTE ISSUES ADDRESSED TO RELEVANT AUTHORITY IN HALIFA'S LETTERS;
- DEALING WITH BULLYING, HARASSMENT, RIGHTS TRAMPLED AND IMPUNITY.
- COUNCIL MANAGEMENT, ROLES OF COUNCILLORS, WARD DEVELOPMENT COMMITTEE, DEFECTS IN ADMINISTRATION AND ENFORCEMENT OF LOCAL GOVERNMENT ACT.
- CIVIC EDUCATION, LAW ENFORCEMENT AND THE GAMBIA CONSTITUTION.
- REASONABLE SOLUTIONS TO ISSUES, PROBLEMS AND IMPASSE.
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Edited by - kobo on 25 Feb 2013 10:49:32 |
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kobo
United Kingdom
7765 Posts |
Posted - 10 Mar 2013 : 02:00:42
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SAIBEH JUWARA HANDS OVER TO SUTUKONDING WARD COMMITTEE
Foroyaa Burning Issues: Published on Saturday, 09 March 2013
Written by: Lamin Fatty
"The person who has been the Councillor for the Upper River Region Sutukonding Ward, Mr. Saibeh Juwara, has voluntarily handed over the materials and assets belonging to the Sutukonding Ward to the Ward Development Committee (WDC) members prior to the nomination of candidates for the forthcoming local government elections, at a ceremony held at Sutukonding village in Wuli West. The handing over ceremony was witnessed by the representative of the Chief of Wuli West, the Alkalolu of Taibatou, Kerewan, Madina Koto, Hamdalaye, Bajonkoto, Banni, the Village Development Committee Chairman of Madina Koto and members of the Sutukonding Ward Development Committee. In his remarks, shortly before handing over, Mr Juwara thanked the people of Sutukonding Ward for their support irrespective of party affiliation and urged them to always remain committed to the development of the Ward. He explained all his challenges and indicated that he is willing to undergo any difficulty for the benefit of the people he is appointed to serve. The Alkalo and representative of the Chief of Wuli West both thanked Mr. Juwara for his decision to hand over the materials. The Alkalo of Himdalaye, Alhagie Yafa, for his part also thanked the entire WDC members for their support and the incumbent Councilor Mr. Juwara for his hard work and commitment to the empowerment of the people in the Sutukonding Ward. The Alkalo of Banni, Musa Sillah, the representative of Alkalo Kerewan, Kebbanding Fatty, and the VDC chairman of Madina Koto all made similar remarks in thanking the Councillor and WDC. They urged the committee members to remain united and work for the collective interest of the Ward. The assets that were handed over to the committee members are a tractor head, plougher, flat spanner, tractor key, Minutes books, Visitors book, Project Reports files and receipts, one building at Kerewan Badala with six stores, Regional Health Team (RHT) Staff Quarter with three bed rooms, and fuel receipts of the tractor. All these were handed over to the three identified Ward Committee members namely Aminata Damba of Taibatou, Yaye Danso of Sutukonding and Alhagie Jawla of Hamdalaye, who signed on behalf of the Ward. The handing over meeting was chaired by Mr. Bending Kijera, while Sankung Juwara read out the letter for the Sutukonding Ward to the Ward members." |
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kobo
United Kingdom
7765 Posts |
Posted - 10 Mar 2013 : 09:29:42
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ARE THERE COUNCILLORS AFTER THE DISSOLUTION OF COUNCILS? NO !THERE ARE NO COUNCILLORS AFTER THE DISSOLUTION OF COUNCILS.
Foroyaa Editorial: Published on Tuesday, 05 March 2013
Written by: Lamin Fatty
"A debate has been brought to our notice as to whether there are councillors after the dissolution of councils. This debate should not go very far. Only those who do not understand the letter and spirit of the Local Government Act would say that there are councillors after the dissolution of a council.
Section 2 of the Local Government Act deals with the subject of interpretation of the Act. It categorically states that: " a Council means a city, Municipal or Area Council established under section 10 of this Act". It does not include a Management Team established after the dissolution of a council.
Furthermore, the Act states that: "Councillor means a member of a council." Hence if Councils are dissolved there are no members of councils and no councillors.
The Local Government Act was amended to create the possibility of dissolution of Councils within 90 days of the holding of council elections. This is why all councils have been dissolved. Hence there are no councillors until council elections are held and new councillors assume office.
Section 9(a) sub section 2 states: "On the dissolution of the 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."
This provision did not say how many people should be selected to be members of the Management team or their individual roles. The team is supposed to exercise the functions and powers of councils. However there is no statutory provision saying that the individual members are councillors or are appointed to replace individual councillors. Hence de jure there is no councillor after the dissolution of councils. Amendment to the Local Government Act is necessary to deal with this shortcoming of the amendment." |
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