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Momodou
Denmark
11604 Posts |
 Posted - 02 Sep 2013 : 20:59:22
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ARE ALL EXECUTIVE ORDERS LEGAL?
Foroyaa: Published on Monday, 02 September 2013
The executive order given that rural youths should not be allowed to play football during the rainy season has led overzealous traditional rulers to call for the arrest of youths who decide to play football in their villages. These young people are held for a while and then released without charge. They are asking Foroyaa whether this is lawful and Foroyaa’s answer is that any arrest effected just because the youths are engaged in a football match at a football field is illegal .
Executive orders fall under subsidiary legislation. Such orders must be prescribed by law . Hence when they are issued, the enabling law must be quoted and the orders must be published in the Gazette. Any executive order that has no law providing for it and is not published in the Gazette is unlawful and anybody who arrests and detains a person on the basis of that order could be sued for arbitrary arrest and detention.
Football and other recreational activities have nothing to do with farming. Farm work takes place on specific days and at specific time relative to the stage of crop production. Youths often take their farm chores into consideration when planning their recreational activities. It is an old adage that all work and no play makes the youth a dull person. Human beings need recreation especially physical training just as they need food to eat to be healthy. People do not engage in sports just to become future stars. Most play football for recreation.
The sports that should be banned in schools is wrestling. One could see how tribalism is being nurtured by giving the young wrestlers tribal identities and making them represent tribes rather than a Nation.
This could lead students to support the wrestlers on the basis of tribe and victors could also enjoy tribal sentiments at the larger society if the activities are put on TV. The objective of multiculturalism is not to pit tribes or ethno-linguistic groups against each other but to show their equality in diversity and their mutual contribution to the National Identity. Hence sports in school should not have any tribal or ethno-linguistic characteristics.
It is individual competition on a non contact sport or group competitions on the basis of houses or schools.. The youth have all rights to claim that they are being discriminated. According to section 33 of the Constitution subsection (1), “All persons shall be equal before the law.” Subsection (2) adds: “Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.” What then is discrimination? Section 33 subsection (4) states:
“In this section, the expression “discrimination” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privilege or advantages which are not accorded to persons of another such description.”
Hence if rural youths are being restricted from playing football, the restriction is based on their origin and status as rural youths . Hence they have every right to go to the High court for redress if they are arrested and detained for allegedly playing football at the football field.
Source: Foroyaa
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A clear conscience fears no accusation - proverb from Sierra Leone |
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