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Momodou
Denmark
11732 Posts |
 Posted - 29 May 2012 : 23:06:24
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LETTER TO THE ATTORNEY GENERAL BY GROUP OF SIX PARTIES
GROUP OF SIX
C/O 30 Papa Sarr Street
Churchill Town
Kanifing Administrative Area
Attorney General and Minister of Justice
Attorney General’s Chambers
Marina Parade
Banjul
23 May 2012
Dear Sir,
Re: Request for Compliance with the letter and spirit of Section 42 of the Constitution
We the signatories to this memorandum are writing to you in your capacity as the principal legal adviser of the government, in consonance with the dictates of section 72 subsection (2) of the Constitution.
Attached under the cover of this memorandum is a letter addressed to Mr Carayol conveying the content of section 42 of the Constitution, the provision which confirms that he cannot serve as a member of the Commission for more than two seven year terms.
In this regard we had requested for him to vacate the office of Chairman and member of the Commission. For your information Section 42 subsection (4) reads:
“Subject to the provisions of this section, the members of the Commission shall be appointed for a period of seven years and may be re-appointed for one further term: provided that the three of the first members (who shall be chosen by lot ) shall be appointed for lesser periods than seven years in order to provide continuity within the commission”
Mr Carayol has been a member of the Commission since the PIEC was eclipsed by the Independent Electoral Commission. The IEC has been in existence for more than 14 years. Mr Carayol’s term as Commission member has expired. It is the duty of the President under section 42 subsection (3) of the Constitution to appoint members of the Commission in consultation with the Judicial Service Commission and the Public service Commission.
In our view the Executive should be properly advised to fulfill its constitutional mandate and address a breach of its letter and spirit.
Furthermore , it is indisputable that an appointment to an office like that of a member of an electoral commission should have been done in consultation with all political stakeholders and should have been subjected to confirmation by the National Assembly.
However until the Constitution is amended after a National dialogue we strongly recommend that any new appointment to the Commission be forwarded to the Judicial Service Commission and Public Service Commission only after consultation with the Inter-party Committee.
While anticipating your positive response
We Remain
Yours in the Service of the Nation
……………………………. ……………………….. ………………………
GMC GPDP NADD
……………………………. ………………..…….
PDOIS PPP UDP
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12311 Posts |
Posted - 30 May 2012 : 17:48:43
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I can just imagine the look on he face of the Attorney General and Minister of Justice when he read this letter,shock ! indecision,and a big feeling of, What am I going to do about this ? then his legal training clicked in, OK an adjournment ?......... no...........I know I will have to study this in much more detail and do some research in the law books before I answer this,that should take at least 6 months or there again I could just say ,nothing,but, I could forward the letter to the Judicial Service Commission and Public Service Commission for their consideration who would have to abide by the judgement made by the Inter-party Committee.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 30 May 2012 17:54:11 |
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Janyanfara
Tanzania
1350 Posts |
Posted - 03 Jun 2012 : 14:05:14
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Thanks brother Momodou,
This is just the beginning. Now the world would know Justice Joberteh the way I knew him.
He is a brother in law to us so people should know I am not just bragging. This man is as crocked as "Mon taiga" itself if not more!
Justice Joberteh I knew him since when I was a kid. In fact he is married my own cousin sister. He is a sheep in wolves clothing.
I remember in 2000, when he tried to divert a white friend of mine's business by trying to including his wife as a joint partner, telling the businessman that in the Gambia a foreigner cannot do business alone therefore you must join with a Gambian.
I sent that businessman to him when some Gambians tried to swindle that innocent man's hard earned business with the help of some crocked senior police officers
But was shocked when I learnt about this and I immediately confronted him. I was even more shocked and angered when he told me the business was in the joint name of the white man and my own cousin sister and what is my problem with that and if I do not want my sister to be rich? I would leave the rest unsaid for he will live to remember me as the real son of my father.
I was not surprised when this devil was appointed minister. I would not even be surprised if he becomes vice president. Joberteh is Joberteh and he is not like any body inside his family home in Bansang. A real slave to money he is. |
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toubab1020
12311 Posts |
Posted - 03 Jun 2012 : 14:35:30
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Janyanfara ,your post may indicate that you don't like this man ?  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 03 Jun 2012 14:35:57 |
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