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Momodou
Denmark
11832 Posts |
 Posted - 13 Aug 2007 : 21:47:20
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Foroyaa Editorial
Focus on Local Government and Traditional Rulers
This week a chief in Sierra Leone amazed many Gambians when he said over the BBC that people of his type should not openly take sides in politics.
He emphasised that he is a traditional leader who should earn the respect of all members of his district regardless of their party affiliation.
In the same vein, all those interviewed emphasised that they were not interested in tribal affiliation; that they needed leaders who can promote the general welfare.
This confirms that the system that is put in place can facilitate the liberation of a people or ensure their domination.
During the debate supervised by the Constitutional Review Commission, Foroyaa did explain that unlike many West African countries where the colonialists had compromised with traditional rulers who governed territories with many districts and left them to rule those territories as paramount chiefs, in The Gambia the traditional rulers were overthrown and colonial appointees put in their places. We explained that the Protectorate Ordinance empowered the commissioners to give orders to the chiefs of districts for the general administration of such districts. The commissioners recommended the appointment of chiefs and governors gave approval.
The chiefs and advisers could recommend the appointment of a headman or Alkalo to be approved by commissioners.
Foroyaa explained that the Provinces and Districts Tribunals Acts maintained the authority of Commissioners, Chiefs and Alkalolu or headmen; that an administrative decision was made to introduce elections by heads of compounds or chiefs and Alkalolu where disputes existed to fill vacancies, but that the President reserved the power to remove chiefs.
We recommended for the separation of the judicial powers of the Commissioners and Chiefs from their executive powers, and the introduction of universal suffrage principles in elections of Chiefs and Alkalolu, instead of maintaining property qualifications.
The Constitution of the second Republic did not separate the judicial functions of chief with their executive functions.
Hence the contradiction still remains.
In short, chiefs are still the Presidents of district tribunals and many Alkalolu or headmen are court members. Commissioners still have review powers over decisions by members.
Section 120 of the constitution states that district tribunals are part of the courts of The Gambia.
It states under section 120 subsection (3) that:
"In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this constitution and the law and, save as provided in this chapter, shall not be subject to the control or direction of any other persons or authority."
On the aspect of universal suffrage, the constitution of the Second Republic introduced universal suffrage.
A vacant post of chief had to be filled by universal suffrage.
However, this provision was amended in 2001 and the President was empowered by the constitution and the Local Government Act to appoint and remove chiefs while the Secretary of State for Local Government is empowered to appoint and remove Alkalolu or headmen and women.
Now chiefs and Alkalolu openly declare their support for the APRC and take part in party functions. Now commissioners are transformed into governors and the amended Local Government Act makes each council to be "answerable to the governor."
The APRC regime did not stop there. It has pioneered a law which establishes a National Council of Seyfolu which consists of "the paramount Seyfo and all the Seyfolu in The Gambia."
Are we heading towards democracy or monarchism? Is the system of democracy being nurtured or is it failing. Are the traditional rulers carrying out their functions independent of political dictation or under political dictation? The answer is too obvious to the state.
Source: Foroyaa Newspaper Burning Issue
Issue No. 94/2007, 13 - 14 August 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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