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Momodou
Denmark
11641 Posts |
 Posted - 21 Jun 2013 : 10:03:51
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WHEN LAW FAILS TO GUIDE EXECUTIVE CONDUCT EXECUTIVE ORDER BECOMES THE LAW
Foroyaa Editorial: Published on Wednesday, 19 June 2013
ARE THERE PRESIDENTIAL POWERS TO ORDER ANYONE TO BE ARRESTED AND DETAINED FOR MORE THAN 72 HOURS?
Section 17 of the Constitution commands that the executive and its agencies to respect and uphold the fundamental rights and freedoms of those resident in the Gambia. No president has the constitutional and legal authority to order the torture, arbitrary arrest and detention of any person. No president has the legal mandate to order any person to be subjected to slavery, servitude or forced labour.
A president has no legal mandate to, restrict the freedom of speech, movement, assembly, worship, association of any Gambian citizen in the Gambia. Under the constitution, no Gambian could be restricted from moving about and residing in any part of the Gambia. Section 25 Subsection 2 of the Constitution states that “every person lawfully within the Gambia shall have the right to move freely throughout the Gambia, to chose his or her own place of residence within the Gambia and to leave the Gambia” There should be no division of the Gambia into rural and urban areas in terms of implementation of law as long as a state of emergency is not declared. Youths have freedom of association and training is a route to good health.
Hence a healthy life is to balance work, learning, training and recreation. No executive order is legitimate that seeks to ban lawful physical exercise and recreation. The Chiefs and Alkalolu of this country should know that there is a constitution and they are not above it.
They are not immune to be sued if they violate the right of any person resident in the Gambia. The law gives everyone in the Gambia who believes that any of his or her rights and freedoms is violated to go to the Supreme Court for redress. Gambians who are given judicial or administrative responsibility should determine how far they should go to implement executive order.
Since executive order is not bound by legal restraints one could easily try to read the mind behind the directives and exceed the bounds of law and justice. In that case, if the action becomes an embarrassment to the state the person who implemented an order would end up answering for it. Some do claim that all these words of wisdom are falling on deaf ears. Words of wisdom are meant for both government and the governed who determine who should govern. Hence every happening is stored in the library of destiny to guide governments that want legitimacy and people who want good governance.
Let the truth be spoken to power no matter how it reacts. Sooner or later the truth must prevail to set us free. A clear example is the case of the Jahally Pacharr trio. We have done our best to indicate why the state should have filed nolle prosequi to discontinue the false information charge after the Attorney General introduced the amendment to the section to include petitions addressed to the President.
Nonetheless they were convicted leading to mass dissatisfaction in the area. It is not a surprise that a Press Release has been issued by the Office of the President to pardon the trio. Those who ignore the truth on one day will come to recognise it at another day. The ambassadors of truth should never surrender or retreat.
Source: Foroyaa Editorial
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11641 Posts |
Posted - 22 Jun 2013 : 11:40:24
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THE NEED FOR GENERAL PARDON OF ALL THOSE CHARGED OR CONVICTED AS A RESULT OF A PETITION TO THE PRESIDENT
Foroyaa Editorial: Published on Friday, 21 June 2013
It was traumatizing for the farmers of Jahally Pacharr to have the newly elected President of their cooperative society charged for allegedly giving false information to the President and sentenced to three months imprisonment. He along with two other members of their cooperative were serving their sentence when the president started his tour. Once he had his prayers at Jahally he inquired about the case and promised to ensure their immediate release.
Now a Press release has been issued indicating that the trio has been pardoned. They are back with their families. The constitution has been very wise in not including political office as a permanent office in the civil service. In short, a permanent office in the civil service is filled by appointment by the Public Service Commission. Once appointed, the person is entitled to work up to one’s retirement age.
This is different from a political appointment by the people through election of President, National Assembly member or direct appointment by the President to be a Vice President or Minister. Political representatives have the duty to have direct link with the people and to take note of their concerns. This is why many people used to take the initiative to petition Ministers, National Assembly members and the President as a matter of last resort to transmit grievances.
However, once people hear that they could be taken to court for petitioning the President they become dissuaded from writing. Unfortunately many of such people do not have the means to take a lawyer to go to court. Hence they sit with their pain voicelessly.
Take the case of the young man by the name of Serekunda who was hit by a vehicle that was part of the President’sConvoy. He has been treated in hospital and has since been released but has been essentially disabled. How could such a young person have his problems known if he does not go to a scribe to write a letter to the President? In short, many people who are disabled or who cannot read and write would have to go to someone else to write for them. Errors in such letters should always be allowed taking into consideration that many farmers cannot read and write and cannot fully screen what is written on their behalf.
Foroyaa is of the view that the president should pardon all convicted prisoners under the charges of giving false information to the President. The Attorney General would also do a great service to the nation if other accused persons charged for such an offence are also discharged. The farmers could also be advised to resort to alternative dispute resolution measures to resolve their village contradictions.
Contradictions among the people should be resolved amicably.
Source: Foroyaa Editorial |
A clear conscience fears no accusation - proverb from Sierra Leone |
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