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Alhassan
Sweden
813 Posts |
 Posted - 16 Apr 2007 : 16:09:23
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Maple,
What is wrong about the warnings? Do you wish things to remain the same? Ofcause things must be put to the right track. If Jammeh , who is the head of the shed, does not tackle these problems who is there to do so? Even the Judges and lawyers are corrupt. In my opinion, he said it at the right time and place. |
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Karamba
United Kingdom
3820 Posts |
Posted - 16 Apr 2007 : 19:41:02
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Alhassan,
Yes, there is/are something(s)wrong with the warning. The position of president came to be by permit of an orderly system in a democratic process. It is not correct that Jammeh in seeking for political mandate will act as though he believes and respects orderly dispensation of things. Once the voting is over, he does everything outside the permits of law and order. As president, Jammeh needs nobody to remind him that whatever he says or does has both political and policy implications. Inasmuch as nobody is permitted to spring on Jammeh's high chair of president to act in that capacity, it is equally out of order that he chooses to do or say things out of context and out of place; infringing on the responsibilities of others. That I can recognise in lot of things Jammeh does. There is a system that makes his position special. It is not personal to him. He must learn to observe and behave according to rules. The socalled presidential prerogatives is still not a jungle affair. |
Karamba |
Edited by - Karamba on 16 Apr 2007 20:07:23 |
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Karamba
United Kingdom
3820 Posts |
Posted - 16 Apr 2007 : 19:41:02
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Alhassan,
Yes, there is/are something(s)wrong with the warning. The position of president came to be by permit of an orderly system in a democratic process. It is not correct that Jammeh in seeking for political mandate will act as though he believes and respects orderly dispensation of things. Once the voting is over, he does everything outside the permits of law and order. As president, Jammeh needs nobody to remind him that whatever he says or does has both political and policy implications. Inasmuch as nobody is permitted to spring on Jammeh's high chair of president to act in that capacity, it is equally out of order that he chooses to do or say things out of context and out of place; infringing on the responsibilities of others. That I can recognise in lot of things Jammeh does. There is a system that makes his position special. It is not personal to him. He must learn to observe and behave according to rules. The socalled presidential prerogatives is still not a jungle affair. |
Karamba |
Edited by - Karamba on 16 Apr 2007 20:07:23 |
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Alhassan
Sweden
813 Posts |
Posted - 16 Apr 2007 : 21:07:00
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Karamba,
You might have more information about what goes on So I cannot say you are wrong. I just here people complaining at home because their cases have been taking too long time without a decision. There is too much adjornment without justification. |
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Alhassan
Sweden
813 Posts |
Posted - 16 Apr 2007 : 21:07:00
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Karamba,
You might have more information about what goes on So I cannot say you are wrong. I just here people complaining at home because their cases have been taking too long time without a decision. There is too much adjornment without justification. |
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Karamba
United Kingdom
3820 Posts |
Posted - 16 Apr 2007 : 22:03:12
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Alhassan,
I am totally with you. My point of observation is that it does not have to be president warning about issues like that. There has to be a competent judicial process that is self propelling so that where there are lapses, the system of checks and balances will pick on what goes wrong. At the moment, president Jammeh seeks to subject the whole population fearing him. Between the populace and the president, the relation deserves to be more than what Jammeh takes it. The role of president is special. I have great respect for that position and would have no doubt other good citizens hold even greater respect. If Jammeh behaves in such manner as to induce disrespect for the position of PRESIDENT that is a different matter. Alhassan, I will be happy to see you or some better understanding Gambian take up the job of PRESIDENT. Anyone who takes on such a responsible position must accept the responsibility it takes. In the case of Jammeh, he fails to recognise and to respect protocols. That is where he falls out of grace with concerned Gambians. |
Karamba |
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Karamba
United Kingdom
3820 Posts |
Posted - 16 Apr 2007 : 22:03:12
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Alhassan,
I am totally with you. My point of observation is that it does not have to be president warning about issues like that. There has to be a competent judicial process that is self propelling so that where there are lapses, the system of checks and balances will pick on what goes wrong. At the moment, president Jammeh seeks to subject the whole population fearing him. Between the populace and the president, the relation deserves to be more than what Jammeh takes it. The role of president is special. I have great respect for that position and would have no doubt other good citizens hold even greater respect. If Jammeh behaves in such manner as to induce disrespect for the position of PRESIDENT that is a different matter. Alhassan, I will be happy to see you or some better understanding Gambian take up the job of PRESIDENT. Anyone who takes on such a responsible position must accept the responsibility it takes. In the case of Jammeh, he fails to recognise and to respect protocols. That is where he falls out of grace with concerned Gambians. |
Karamba |
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Sister Omega
United Kingdom
2085 Posts |
Posted - 17 Apr 2007 : 01:31:36
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Of couse it is the Presidents duty to keep the Judicary in check. They are not above the law it is the Governments duty and the legislator to pass laws and it is up to the Judiary to enact those laws otherwise you will have a system of anarchy. Karamba is that what you are advocating?
Peace
Sister Omega |
Peace
Sister Omega |
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Sister Omega
United Kingdom
2085 Posts |
Posted - 17 Apr 2007 : 01:31:36
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Of couse it is the Presidents duty to keep the Judicary in check. They are not above the law it is the Governments duty and the legislator to pass laws and it is up to the Judiary to enact those laws otherwise you will have a system of anarchy. Karamba is that what you are advocating?
Peace
Sister Omega |
Peace
Sister Omega |
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kayjatta
2978 Posts |
Posted - 17 Apr 2007 : 08:47:15
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Sister Omega , the judiciary does not "enact" laws , they only interpret laws created by the legislature (Statutes), executive orders , administrative regulations, etc,etc. with regards to the constitution.
But that is besides the point I want to make here. There are some misconceptions about the president's speech that particularly worries me and I want to clarify two of them.
The first one is that many people think that the Chairman's speech about the real or perceived problems of the judiciary promotes the rule of law.My contention is that the speech itself is okay but the threat to fire magistrates and judges is very problematic for the existence of rule of law. Magistrates and judges cannot dispence justice fairly if they have to worry about their job security.Can you imagine the Prime minister of U.K. threatening to fire judges ?
The second one is that many assume that the faster cases go through the court system the more and better justice is served; this is quite falacious. The president's desire to rush cases through the courts could actually put more people behind bars than it would set them free.
I know defence attorneys can be notorious for delaying tactics, but usually judges are tough with them without jeopadizing the rights of the accused.
In my opinion the president's speech , although it may be well-intentioned, could lead to the creation of kangaroo courts .If you think about this in the light of the case of Fatou Jaw manneh and others , it is very worrying. |
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kayjatta
2978 Posts |
Posted - 17 Apr 2007 : 08:47:15
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Sister Omega , the judiciary does not "enact" laws , they only interpret laws created by the legislature (Statutes), executive orders , administrative regulations, etc,etc. with regards to the constitution.
But that is besides the point I want to make here. There are some misconceptions about the president's speech that particularly worries me and I want to clarify two of them.
The first one is that many people think that the Chairman's speech about the real or perceived problems of the judiciary promotes the rule of law.My contention is that the speech itself is okay but the threat to fire magistrates and judges is very problematic for the existence of rule of law. Magistrates and judges cannot dispence justice fairly if they have to worry about their job security.Can you imagine the Prime minister of U.K. threatening to fire judges ?
The second one is that many assume that the faster cases go through the court system the more and better justice is served; this is quite falacious. The president's desire to rush cases through the courts could actually put more people behind bars than it would set them free.
I know defence attorneys can be notorious for delaying tactics, but usually judges are tough with them without jeopadizing the rights of the accused.
In my opinion the president's speech , although it may be well-intentioned, could lead to the creation of kangaroo courts .If you think about this in the light of the case of Fatou Jaw manneh and others , it is very worrying. |
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Alhassan
Sweden
813 Posts |
Posted - 17 Apr 2007 : 09:23:33
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kayjatta,
I like your name but disagree with you in some points. It is true that it is dangerous to rush cases, but they should not go on for ages without decisions. If the same things that happens with the judiciary in the Gambia happens in Bratain then I am sorry Tony Blair will intervein. |
Edited by - Alhassan on 17 Apr 2007 09:24:35 |
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Alhassan
Sweden
813 Posts |
Posted - 17 Apr 2007 : 09:23:33
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kayjatta,
I like your name but disagree with you in some points. It is true that it is dangerous to rush cases, but they should not go on for ages without decisions. If the same things that happens with the judiciary in the Gambia happens in Bratain then I am sorry Tony Blair will intervein. |
Edited by - Alhassan on 17 Apr 2007 09:24:35 |
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kayjatta
2978 Posts |
Posted - 17 Apr 2007 : 11:40:12
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Alhassan , you are right that cases should not drag in court for ages. Matter of fact there is a saying that "animals consume one another by killing and eating one another's flesh , human beings consume one another by due process of law". Lenghty trials can exhaust both sides of the dispute. However , I do not think the problems in the judiciary can be solved by executive bullying , because in the first place the executive should not have the power to fire judges and magistrates; to do so or attempt to do so undermines the rule of law. That is why the concept of separation of powers came to exist.
Some of the solutions to the backlog in Gambian courts are highlighted in my previous writing on this topic down this page, you may want to refer to it. |
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kayjatta
2978 Posts |
Posted - 17 Apr 2007 : 11:40:12
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Alhassan , you are right that cases should not drag in court for ages. Matter of fact there is a saying that "animals consume one another by killing and eating one another's flesh , human beings consume one another by due process of law". Lenghty trials can exhaust both sides of the dispute. However , I do not think the problems in the judiciary can be solved by executive bullying , because in the first place the executive should not have the power to fire judges and magistrates; to do so or attempt to do so undermines the rule of law. That is why the concept of separation of powers came to exist.
Some of the solutions to the backlog in Gambian courts are highlighted in my previous writing on this topic down this page, you may want to refer to it. |
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