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kobo
United Kingdom
7765 Posts |
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kobo
United Kingdom
7765 Posts |
 Posted - 19 Jun 2014 : 00:22:53
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1. CHIEF JUSTICE TASKS SEYFOS “Codify Customary Law and Proceedings at District Tribunals”
SOURCE: Foroyaa Published June 8, 2014
By Kebba Jeffang
Honourable Ali Nawaz Chowttan, the Chief Justice of the Gambia has urged District Chiefs across the Gambia during the annual “mansabengo” to start codifying customary law and the proceedings at their various district tribunals. The programme was held at the Lower River Region headquarters, Mansankonko, on Saturday 14 June, 2014.
In addressing the forty district chiefs in the country, he said all the chiefs from now on should adopt the system of recording their proceedings since records on print can serve different purposes. He said the chiefs are very important and experienced, but having their proceedings on record would have a lot of advantages. He opined that records can serve a purpose even if they are not there, either after death or upon removal or at any time it is needed. He said it can also help litigants to appeal their cases at the High Court whenever they wish to do so.
He added that there is an urgent need for codification so that justice can be exercised and that nobody would be discriminated for lack of justice. He said chiefs are the fulcrum of civilization especially in the rural areas; adding that people have trust in them and therefore any case before them for adjudication must be fairly done.
He said since the chiefs apply customary law, it should be written down to avoid burying valuable information. He urged for proper recording system for the purpose of the future. He added that culture is something that needs to be preserved for the younger generation. He assured them that they would soon organize training sessions for the chiefs as part of building their capacity by strengthening their understanding of judicial matters. He said from now on district tribunals are expected to present their records of proceedings at the High Court any time an appeal is filed.
He said that since law is fixed and determined, it is important to bring it into print. He said all these are efforts to make sure the Gambian judiciary becomes the best but this can only be achieved if the judiciary works harder and one way to do so is to ensure that justice prevails.
2. Related Daily Observer News
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Edited by - kobo on 19 Jun 2014 00:23:30 |
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kisley
United Kingdom
214 Posts |
Posted - 19 Jun 2014 : 10:06:53
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quote:
We must jealously protect our cultural values- SG tells 7th ‘Mansa Bengo’
I got half way through reading this drivel and just lost interest.
"petty foreign aid"
"The Gambia has been able to develop under the inspiring and courageous leadership of President Jammeh without much external support, "
" we shall continue to prosper with the support of the Almighty Allah”."
What can you say..what hasn't been said a million times before!!!!!!
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kisley
United Kingdom
214 Posts |
Posted - 19 Jun 2014 : 10:09:16
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| "Two hands working can do more than a thousand clasped in prayer" |
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kobo
United Kingdom
7765 Posts |
Posted - 19 Jun 2014 : 20:52:11
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THE CHIEFS, MONARCHY AND THE REPUBLIC
Source: Foroyaa June 19, 2014
It was in 1889 that the British and French colonial powers agreed to define the boundaries and identity of current day Gambia.
In 1894 a juridical instrument known as Gambia Protectorate Ordinance was introduced. It provided for the exercise of powers by Commissioners and Native authorities in the protectorate. The Colony and the protectorate were to be under the Crown. The protectorate was divided into districts. The Administrator or Governor representing the Crown had the power to “alter the boundaries of any district and may dismiss any head chief and appoint a successor.”
The role of a chief was made evident. He was “responsible to the administrator for the good order of his district …” He was also “the President of the native court of such districts.”
Native was defined in the ordinance as “all persons resident in the protected territories other than the subjects of a civilised power.”
This is the origin of Chiefs and the district tribunal under the colonial monarchy.
Now that the Gambia is a Republic, sovereignty resides in the people. Section 1 Subsection (2) of the Constitution reads “The Sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this Constitution
Section 120 also establishes the Independence of the judiciary. Hence under the Republic Chiefs cannot be heads of tribunals and be under the executive at the same time.
Hence, the real subject of discussion should be the role of Chiefs under the Republic. The role cannot be the same as that under a monarchy. There is definite need for constitutional and legal reform to define the role of chief under a Republic. |
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7th ‘Mansa Bengo’ at Soma LRD
