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Momodou
Denmark
11728 Posts |
 Posted - 18 Apr 2006 : 02:09:26
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BILL TO AMEND LOCAL GOVERNMENT ACT PASSED
In tabling the Local Government Amendment Bills before Deputies at the National Assembly, the Secretary of State for Local Government and Land, Ismaila Sambou, indicated that the Local Government amendment bill seeks, in line with international practice, to:-
A) re-define the title of the most senior Local Government official in the Local Government Area;
B) stream line the conduct and procedures of local Governance in consonance with national policies and programme; and
C) establish a National Council of Seyfolu and the office of paramount Seyfolu in The Gambia.
These he said will lead to the further embranchment, recognition and preservation of The Gambia's traditional rules and the creation of a more robust framework for the systematic review and resolution of disputes in The Gambia.
In his reaction to the amendment, the Minority Leader and Member for Serrekunda Central, Hon. Halifa Sallah, indicated that the objective of an amendment should be to improve; but that these amendments are meant not to improve but to undermine the decentralization process. Halifa indicated that when the 1997 constitution came into being, it stated very clearly under sector 193 of the constitution that "Local government administration in The Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy." Hon. Halifa Sallah stated that that was the fundamental objective. He pointed out that "The Constitution Review Commission was commissioned to look into the existing structure to identify short comings and recommend measures to improve local government administration. Halifa pointed out that it was realised that the commissioners had immense powers in local administration. They were chairing the Area Councils and as a result they were not accountable to the local community. They recommended in their reports that councils should be chaired by democratically elected persons and that council should have a high degree of autonomy so that they will be accountable to the electorate. Halifa pointed out that if one looks at the amendment, one would discover that there is recommendation to amend section 15 of the main Local Government Act and there he said subsection 2 of section 15 would be amended by substituting for the word "Council" with the word "Governor," Hon. Sallah asserted that section 15 (2) of the main Act states categorically that "the Chairperson shall be answerable to the council in the performance of his/her functions and shall uphold the constitution the council's by-laws and the laws of the Gambia." Halifa pointed out that here the Chairperson is answerable to the council whose members (Councillors) are elected by the people. Halifa stressed that the amendment is now telling them that the Chairperson of the council shall be answerable to the Governor.
Hon. Sallah described the move as retrogressive; that people are talking about international standards. "Establishing Monarchs? No, that's not the international standard," he observed. International standard is making elected representatives accountable to the people. "So, I think," Halifa said, "this National Assembly should not accept this type of amendment."
Foroyaa: Issue No. 28/2006, 13-16 April, 2006
At The National Assembly
SIDIA ON THE LOCAL GOVERNMENT AMENDMENT BILL
By Abdoulie Dibba
"Hon. Speaker, we must assume our roles adequately and our fundamental role is to determine laws that are suitable for our people. That is why section 100 of the constitution stipulates very clearly that if there is a dispute between the National Assembly and the Executive over any law, in the final analysis, what we (NAMs) Say is what stands. When we talk of amending laws, the fundamental objective is to move forward but not to go backwards. But here, you are telling me that you have discussed in your caucus to change that clause. But the fundamental objective of this amendment is to take power from the people and give it to the Central Government. That is why they made the chairman of the council to be answerable to the governor who is a representative of the Executive and not to the people who elect him. We must bear in mind that Local Governments are there for the people. It is their money that is making them function. So they must have a say and control over them and the only way they can do that is to elect people to represent them in those councils. That is why they are there for four years, then they go back to the people for them to determine whether or not they are doing the job they want them to do! So we here (NAMs) cannot accept anybody to take that power from the people and give it to somebody else who is not even elected by them. We must not allow ourselves to be used in a way to make a law and later bring it back to us and say that this is not what we want. And that has happened here once, twice in the life of this current Assembly. We made laws here and they came back and say no we do not want this. Sometimes even the Executive saw the need to abrogate those laws, after we have given them our consent. Are we really performing our duties? For me, we must remain legislators and our roles must be to determine which laws are suitable for our people. We must not make laws here that are going to be oppressive or take power from our people and give it to an individual to rule over them. Governor is an anachronism! So it is not anything complying with international standards. Historically, governors exist in the Franco-phone countries. Senegal has a governor in each region but once they became independent in 1960, it became an anachronism. It does not exist anywhere in Senegal anymore. And now you are trying to invent that! You are inventing history negatively!"
NAMs butted in: "Governor still exists."
Sidia: "Where?"
NAMs. "Nigeria, Senegal."
Sidia: "In Nigeria it is historically part of their system and they are there still."
NAMs: "In Senegal too."
Sidia: "Well you have to convince me" (General laughter)
Sidia continued with his speech as follow: "Admittedly, considering that they exist in Senegal, does that warrant us to import it? Because for me, it is an anachronism. Gambia is very good in inventing words. If you look at the change of names in our country, education for example: Primary now Lower Basic, Junior Secondary Technical Schools now Upper Basic, what change has the change of names brought materially? Now, we are calling the commissioners governor but the function is basically the same fundamentally. So why the need for governor? And then, how can somebody elected by the people be answerable to somebody who is appointed? You fused the executive and the local government! Putting them together!! This is what the constitution has separated and we must move forward. This constitution has started very well. What we need to change in the constitution, we are always closing our eyes to. We are always opening our eyes to those fundamental things which are positive, which are enhancing our democracy. We want to stifle them! There are provisions in this constitution which stifle democracy but changes have never affected them. This is what we should go for and not provisions that are strengthening democracy in our country. This country as I said in 1997, this country is going to be a model of democracy. But, we cannot become a model of democracy by doing what this bill is asking us to do. Democracy is still being invented. Those who think that the United Stated and United Kingdom are democracies, are still to go back to learn what democracy is. We are in the process of inventing democracy. I can say this anywhere in the world and nobody can muffle my voice. America is to build a democracy probably, they will come and learn about democracy from the Gambia. Please Hon. friends and colleagues, Mr. Speaker, we have started the creation of what we called democracy. We are on the right path. Let us not allow anybody to take us off that path. That should be our fundamental contribution to the development of humanity and the freedom that human beings anywhere require to breathe and survive. Thank you!"
Foroyaa: Issue No. 29/2006, 17-19 April, 2006
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A clear conscience fears no accusation - proverb from Sierra Leone |
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kondorong
Gambia
4380 Posts |
Posted - 18 Apr 2006 : 19:06:53
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| It looks like Sidia is echoing my postings on the title change of Commissioners http://www.gambia.dk/forums/topic.asp?TOPIC_ID=652. He saw what i saw. It is a cosmetic change with no effect of decentralisation. Good job Sidia |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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njucks
Gambia
1131 Posts |
Posted - 18 Apr 2006 : 21:02:14
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The new Local Government Act was passed i think in 2002.
it was enacted in 2002, amended 2003, amended 2004,amended 2005 and now again????
perhaps all those involved in legal, parliamentary and local government issues should really look into this document and find the real problem.
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kondorong
Gambia
4380 Posts |
Posted - 18 Apr 2006 : 21:06:27
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| It is election time and therefore, they need to sharpen it to be an effective toool for Jammeh. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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