|
Momodou
Denmark
11828 Posts |
 Posted - 27 Apr 2006 : 13:59:12
|
THE POWER TO DISSOLVE PARLIAMENT VESTED WITH THE PRESIDENT
In tabling the bill seeking for the amendment of section 96 of the constitution, SOS Sheikh Tijan Hydara told Deputies that in meeting the task of improving the quality of life of individuals in our communities as well as the quality of life of the nation, we must constantly respond to the challenges of the time, so as to be more relevant, more capable and better placed. SOS Hydara told Deputies that ours is a democracy influenced by our communal peculiarities as well. He pointed out that as the days pass by, we need to change our laws to enable us to be more responsive, more pragmatic and dignified. He argued that we have in the constitution of The Gambia, the process of electing public officials especially the office of the President, members of the National Assembly, and members of Councils. SOS Hydara further indicated that section 96 of the constitution avails them the opportunity to seek for an amendment to fill the yearning gap to be used, in the public interest. He said the amendment to fill the yearning gap is in other countries found in their constitutions, which are vested in their Prime Ministers. He noted that since there is no Prime Minister in The Gambia, it is appropriate to vest this power in the President of the Republic. SOS Hydara indicated that the proposed amendment is that “Notwithstanding sub-section (1) of section 96, the President may in the public interest declare by order, published in the Gazette that a general election of all the members of the National Assembly, shall be held on such a date as he/she shall determine. “SOS Hydara indicated that the provision which will be introduced as amendment to this bill and circulated to all the members of the National Assembly, is to be effected thus: “Provided that the President shall not exercise his/her power under this sub-section, if the time for a general election of all the members of the National Assembly under subsection 1, is less than 18 months.” SOS Hydara indicated that this amendment seeks to empower the electorate to have control over their elected representatives, especially if they are not representing their interest. He told Deputies that they should not be afraid of elections by rejecting this amendment. He called Deputies to make individual and collective sacrifice in the national interest.
In seconding the motion, the majority leader and member for Upper Fulladu West, Hon. Churchill Falai Baldeh, indicated that he has no problem with the amendment of section 96 of the constitution. “This is so,” he said, “because I have no doubt in my mind that the President would not exercise this power if it is not in the interest of the nation. I therefore call on Members of the National Assembly to unanimously enact the bill.”
On his part, the National Assembly Member for Sandu, Abdoulie Kanaji Jawla, indicated that section 96 of the constitution states that “There shall be a general election of all the members of the National Assembly which shall be held three months after the date of election to the office of the President.” Hon. Jawla indicated that his concern is that with this new amendment, if the President calls for a general election 3 months before the end of the life of Parliament, would the National Assembly Members be entitled to their benefits? SOS Hydara told him that National Assembly Members would be paid their benefits for the number of years they served.
On his part, the member for Serrekunda East, Hon. Fabakary Tombong Jatta, indicated that in regard to section 96, there is no deletion to be made but to insert: “The power to dissolve Parliament by the President.” He pointed out that to dissolve Parliament and go back to the people for election is not a problem, but that the tenure of Parliament cannot be prolonged; that this is found in other constitutions and we are members of the Commonwealth.
On his part, the member for Sami, Hon. Edrisa Samba Sallah, pointed out in regard to section 96 of the constitution that the IEC has the power to dissolve Parliament and fix elections dates and that that power should be left with the Independent Electoral Commission.
On his part, the member for Jarra West, Hon. Kemeseng Jammeh, indicated in regard to section 96, that it should be left as it is. He pointed out that this particular section should not be amended to give power to the President to dissolve Parliament as he wishes. He pointed out that contrary to what the Secretary of State for Justice has said that this amendment is going to empower the electorate, section 92 of the constitution has given power to the electorate to recall their representatives since they are the ones who elected them. Hon. Jammeh called on his colleagues to be more emphatic, critical and objective in their consideration of this amendment. “I strongly believe that this section should left as it is,” he concluded.
Source: Foroyaa Newspaper Burning Issue
Issue No.32/2006, 27-30 April, 2005
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
Topic Locked
