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Momodou
Denmark
11739 Posts |
 Posted - 12 Jan 2008 : 22:38:33
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Foroyaa Editorial:
ARBITRARY DECLARATION OF PUBLIC HOLIDAYS
History is the greatest judge of all times. It records all significant evidence with indelible ink. It is certain to pass its judgment. Those leaders who behave like public trustees will be absolved and those who live like lords will be discarded into the dustbin of history. Those who have the unique opportunity to lead should examine their every step to ensure that it accords with the letter and spirit of democratic governance.
The first lesson to learn is that in a Republic presidents are presiding public officers and not monarchs or rulers. If they happen to be males their wives do not become queens. If they happen to be women their husbands do not become kings. Presidents have no heirs. Their children are equal in birth with all other children and do not become first children. Their families are not first families and their wives and husbands are not first ladies or husbands.
All children in a sovereign Republic are born equal in right and self worth. A president’s child is not different from any other child. They all deserve equal treatment before the law.
In a sovereign Republic, the president is accorded powers which are stipulated by Law. Any exercise of power outside of the bounds established by law becomes arbitrary. The declaration of a public holiday is no exception.
One may now ask,: Could a public holiday be declared on behalf of a president on a stage, as Youssou Ndour had done during the APRC’s celebration after the presidential election? Is it proper to declare a public holiday to commemorate the birth of a single child to the exclusion of all others?
First and foremost, it must be stated that the declaration of a public holiday to commemorate the birth of one child constitutes a gross violation of section 33 of the constitution.
Section 33(1) reads: “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.”
Subsection (3) proceeds to indicate: “Subject the provisions of subsection (5), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.”
Sub section 4 defines the expression “discrimination” to mean “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 privileges or advantages which are accorded to persons of another such description.”
It is our view that other Gambian children are subjected to discrimination by affording one child privileges under law, which the other children are not afforded. What do we mean?
Public holidays can only be declared under the law. The Public Holidays Act encompasses a schedule providing for statutory public holidays such as the festival of Id el Fitr (Koriteh), Festival of Id El Adha (Tobaski), Festival of Maulud Nabi, Christmas day, New Year’s Day, Good Friday, Feast of Saint Mary’s (Sang Marie), the
Assumption and Independence Day.
The executive is further empowered by the Act to appoint special days to be public holidays by notification in the Gazette.
This leaves no room for arbitrary decisions. It also conveys the need for some degree of permanence in commemorating a given day as a public holiday. Of course, this is the reasonable thing for the law to do so that enterprises could plan better and avoid losses in the millions because of the closure of their institutions.
We hope the Gambian people can now distinguish the difference between leaders who behave like humble servants of the people and those who are rulers. A nation gets the type of leaders or rulers that they put in office with their votes.
Those who succumb to intimidation and inducement get rulers and those who express their freewill without fear or favour in accordance with the best dictate of their mind and conscience get leaders and servants. This is the verdict of history and it is irrevocable.
Source: Foroyaa Newspaper Burning Issues
Issue No 004/2007, 9 - 10 January 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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