|
Momodou
Denmark
11662 Posts |
 Posted - 07 Jan 2013 : 09:30:36
|
PRESIDENT APPOINTS MINISTER AND DEPUTY MINISTER FOR PRESIDENTIAL AFFAIRS
IS THE PRESIDENT ADVISED ON THE UNCONSTITUTIONALITY OF THE APPOINTMENTS
Foroyaa Editorial: NO. 4, 2013
A press Release was issued and broadcast over Radio and TV that the president has appointed Mr. Mustapha Charles Camara as Minister of Presidential Affairs with effect from 31 December 2012.
It added that Mr. Madi Jatta, who was recently appointed as Acting Secretary General and Head of the Civil Service, has been confirmed in the position and further appointed as Deputy Minister of Presidential Affairs, also with effect from 31 December 2012.
The Question now arises: How is the Head of the Civil Service selected?
The answer is simple. Section 168 of the Constitution reads:
“(1) The President, acting in accordance with the advice of the Public Service commission, shall appoint a person holding an office in the public Service on permanent terms to be the Head of the Civil Service. The Head of the Civil Service shall be the competent authority for the Civil Service.
(2) The Head of the civil Service shall not hold any other office of profit or emolument in the service of The Gambia.”
If the position of Deputy Minister is not a mere title without any relevance; if it is a position that entitles the person to an income from the coffers of the country, then it is in violation of Section 168 of the Constitution and should be revoked. This is the first point.
Secondly, Section 151 of the Constitution demands that any sum of money to be withdrawn from National Coffers or the Consolidated Fund should be provided for by law. In short, Section 152 calls for the submission of an estimate and its approval by the National Assembly before it is put as part of the Appropriation Bill, which if approved and assented to, becomes the Appropriation Act. This Act provides the money that should be allocated to meet the allocation to items provided by the estimates. If one looks at the details of the estimate for the Office of the President one is bound to discover that there is allocation for the Secretary General but no mention of Deputy Minister. Furthermore, there is provision for 4 Permanent Secretaries for the Office of the President but there is no provision for a Minister for Presidential Affairs.
We hope the National Assembly will have the courage to inform the President that they have not allocated any sum for a Minister and Deputy Minister of Presidential Affairs and should come to them in a transparent manner to create a Ministry and seek for funds to pay its Minster and staff. Furthermore, the post of Deputy Minister is alien to the Constitution which has not provided for any Deputy Minister to act on behalf of a Minister as a member of Cabinet. We hope the Attorney General will review our contentions and advise the president accordingly. Rule of law dictates that the executive should abide by the dictates of the Constitution.
Source: Foroyaa
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
Topic Locked
