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Momodou
Denmark
11833 Posts |
 Posted - 15 Nov 2006 : 12:40:46
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Foroyaa Editorial
IS A NEW CABINET NECESSARY?
Many readers were taken aback when they heard the announcement that President Jammeh, who is yet to complete his term of office, had dissolved his cabinet. Readers kept asking the question whether what the President had done was proper or not.
The constitution does give power to the President to appoint or terminate a Secretary of State. Indeed section 70(3) of the Constitution states that "the Vice President shall be appointed by the President." Furthermore, section 70(5) of the constitution states that "The office of Vice President shall become vacant on the termination of his or her appointment by the President." It is therefore clear that the President can appoint and dismiss the Vice President at anytime.
Similarly, section 71(1) of the Constitution provides that "Secretaries of State shall be appointed by the President.." Furthermore, according to section 71(4) (b) of the Constitution, "The office of Secretary of State shall become vacant on his or her appointment being revoked by the President........." Power to appoint or dismiss Secretaries of State vests with the president and he or she can do that at any time.
The point at issue, however, is not whether the President has power to appoint or dismiss members of his cabinet or to dismiss his entire cabinet. President Jammeh has done this many times before without query and he may continue to do so.
What many readers have been asking is whether by dissolving the cabinet and appointing another he has constituted a new cabinet, which shall continue after he has assumed office. The answer to this question is in the negative.
It is clearly spelt out in section 71(4) (a) of the Constitution that "the office of Secretary of State shall become vacant on the assumption by a person of the office of President." This means that as soon as the President assumes office upon being sworn in all Secretaries of State will lose their positions. In other words, the President will have to appoint a new cabinet. In short, the cabinet that the President formed on Thursday 19th October 2006 will automatically dissolve when he assumes office. This means that the President must appoint a new cabinet when he assumes office.
Source: Foroyaa Newspaper Burning Issue
Issue No. 99/2006, 13-14 November, 2006
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Cornelius
Sweden
1051 Posts |
Posted - 15 Nov 2006 : 12:58:51
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“The answer in the negative”, perhaps technically only since the life of the present cabinet can be prolonged, by re-appointment.
Can he not re-appoint the same Cabinet that he appointed on 19th October, when re resumes office as president of the Gambia?
In that case the present cabinet team is informed, ready, able, and roaring to continue it’s work uninterrupted by mere technicality of time, when he is again sworn in as president or he may even appoint a new cabinet.....or
am I also missing something here?
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 15 Nov 2006 : 16:45:46
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Cornelius thanks for your posting. You are right in every thing you said. I cannot see why even holding out somebody as minister cannot suffice since the word 'appointment' does not necessary have to be expressly made. It can also be done impliedly. The constitution does not exclude the later.
So, yes, the idea that the president would have to dissolve cabinet again is a narrow theoretical interpretation. In practice, that is not necessary owing to the facts you rightly stated in your posting but why bother, Cornelius? Has it not occurred to you that the author of this piece is non other that a self-style perfectionist fat cat constitutional lawyer aka political Ayatollah? His talibeehs will be preying on you soon. So watch out. As for me, don't worry. I am immune.
God save the Gambia.
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