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Momodou
Denmark
11835 Posts |
 Posted - 24 Apr 2007 : 13:03:36
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Foroyaa Editorial:
THE PRESS RELEASE IS UNCONSTITUTIONAL AND UNLAWFUL
ATTORNEY GENERAL SHOULD GIVE ADVICE!!
According to Section 6 of the Constitution, it is the duty of every citizen to defend the Constitution. Infact Section 207 subsection (3) indicates very clearly that "The press and other information media shall at all times be free to uphold the principles, provisions and objectives of the Constitution, and the responsibility and accountability of the government to the people of the Gambia."
The Executive has sworn to defend the Constitution without fear or favour, affection or ill will. Section 193 subsection (1) of the Constitution states that "Local government administration in the Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy."
Section 193 subsection (4) adds that "It shall be the object of the local government system that as far as possible, issues of local policy and administration shall be decided at a local level and that local government authorities shall cooperate with the central government in adopting a policy of decentralisation."
Section 194 of the Constitution makes it mandatory for the Local Government Act to have a provision for the "direct election of the Mayor or Chairman (chairperson) of the authority"
Section 12 of the Local Government Act states that "The Chairperson of a City Council or Municipal Council shall be known as the Mayor or Mayoress, as the case may be."
Section 13 adds that "A Chairperson shall be elected by Universal adult suffrage of all eligible voters in the local government area." According to Section 11 of the Act the Councils comprise elected and nominated members. According to subsection (2) of Section 11 "The nominated members are supposed to be proposed by civil organisations or interest groups they represent, and appointed by the Chairperson with the approval of the Secretary of State."
What is strange with the two municipalities is that the elected Mayors have been pushed aside and were replaced with Acting Mayors who are nominated members of Council.
Furthermore, the nominated member who had been acting as Mayor in the KMC has now been removed and replaced with a person whose nomination as a member is yet to be announced and who was up to the time of his appointment a member of the IEC. The question now arises. Has he been removed as an IEC Commissioner or has he resigned. If both had not happened then Section 17 subsection 3 (1) disqualifies him to be a member.
In short, Section 17 subsection (3)(i) of the Local Government Act states that "A person shall not qualify to be elected or nominated as a member of a Council if he or she is a member of the Independent Electoral Commission."
It is also an irony that the two elected Mayors must still be holding office and should be paid incomes if the situation is considered objectively.
In short, Section 20(1) of the Local Government Act makes provision for removal for abuse of office, corruption, misconduct, physical or mental incapacity for discharging duties.
The amended version provides for suspension pending a commission of enquiry. However, if the Chairperson is suspended it is the deputy who should act or "a councillor, appointed by the members of the council from among the elected councillors shall act as Deputy Chairperson."
Hence if the first and second Mayors of the KMC are still under suspension then what has happened to the requirement of the law for the Deputy Chairperson to act?
If they are removed then where does Section 23 of the Local Government Act stand? This section states "Where an elected member of a council ceases to hold office under Sections 19 to 22 of this Act, a by election shall be held within two months to elect another person to replace him or her, except that where he or she ceased to hold office within six months before the end of his/her tenure of office no by election shall be held."
Foroyaa holds that the Constitution and the Local Government Act are being flouted by the Executive with regards to the administration of Banjul and Kanifing municipalities. The newly commissioned Acting Mayor of KMC should contact the Attorney General for advice if he is still a member of the IEC and if he is not nominated as a member of the council in accordance with the Local Government Act.
What may have been in line with the amendment of the Local Government Act which weakened the autonomy of the councils is to create the post of Local administrator and appoint Mr. Njie to perform such oversight role. As it stands much confusion looms over the mandate for his appointment.
The Attorney General should either make public comments to rectify us if we are wrong or step in to guide the actions of the Executive and make the necessary public announcements with speed.
Source: Foroyaa Newspaper Burning Issue
Issue No. 46/2007, 23 - 24 April, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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