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Momodou
Denmark
11734 Posts |
 Posted - 06 Mar 2007 : 12:33:17
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Foroyaa Editorial
DOES THE PRESIDENT HAVE THE CONSTITUTIONAL MANDATE TO OPEN PARLIAMENT?
No Is The Answer!!
In a country which is a constitutional monarchy, sovereignty resides in the monarch. Hence the provision of services are deemed to be done under the jurisdiction of the monarch. In such countries you may have state opening of parliament. The king or queen would come to parliament and address the members and then declare the session open.
The Gambia is however a Republic. There is separation of powers between the executive, legislature and judiciary. Parliament opens when the members elect a speaker and deputy speaker and are sworn in.
After the first sitting which marks the election of speaker and deputy speaker subsequent sittings like the one held on Friday shall be "at such times as the National Assembly shall appoint." Emergency meetings may be requested for by the president or by 1/4 of the members. There is no provision for a state opening of parliament.
What exists in the constitution is what exists in all Republics, that is, "the state of the Nation address."
In short, the executive in a Republic is required to report to parliament at least once a year on the policies of government for debate. In this way, parliament can have an input in shaping government policy.
This is stipulated clearly under Section 77 (1) of the Gambia Constitution. It reads "The President shall at least once in each year attend a sitting of the National Assembly and address a session on the condition of the Gambia, the policies of the government and the administration of the state."
This should be a period for contemplation for all National Assembly members in particular and the Nation at large.
The farmers should be wondering what policies government intends to put in place to purchase the groundnuts. The unemployed should be waiting to find out what the government intends to do to ensure that they have employment. The families with members who are detained without trial would want to know what the government policy is with regards to their release. Those who are imprisoned for long years would want to know whether the president would exercise his prerogative of mercy. The students at the Gambia College would want to know whether they will be housed in the campus or are going to reside in town at a cost that will undermine the ability of the poor students to continue their education as teachers.
Those who travel would want to know government policy on migration. We can go on and on.
What is rather strange is that the whole coming of the president to the parliament was transformed into an APRC party activity with young people mobilized from everywhere to accompany the President to parliament. One wonders what would have happened if the opposition also invited their supporters and drummers to accompany them to the National Assembly as a show of support. What is also evident is the transformation of the seat of the Speaker into the green colour of the APRC. One would wonder what would happen if each member of the opposition were to paint their seats into their party colours.
Those in the majority in the National Assembly should be sensitive to the concerns of the minority instead of imposing their will on them.
The Executive and the legislature which derive authority from consent should be mindful of creating standards of best practice which will be of benefit to them in particular and the society in general when they no longer find themselves in the majority.
Those who are empowered to decide for the whole Nation should not be partisan in thinking and action. They should do what the whole nation would appreciate irrespective of party affiliation. The transformation of the grounds of the National assembly into a party atmosphere is a wrong start for a legislature which is supposed to be separate from the Executive and charged with the responsibility of scrutinizing the Executive without fear or favour, affection or ill will. The standing ovation and clapping by National assembly members themselves either confirms that they do not know what is written in the Standing Orders or that they prefer not to show any respect for their rules.
This behaviour should not continue if the National Assembly is to earn the respect it should have.
Foroyaa hopes that those concerns will be taken into consideration by the Executive and the legislature. History will be written someday. Let justice guide our actions.
Source: Foroyaa Newspaper Burning Issue
Issue No. 026/2007, 5-6 March, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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