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 Politics: Gambian politics
 The proposed Judicial Officers Bill
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Momodou



Denmark
11604 Posts

Posted - 01 Jul 2024 :  09:51:24  Show Profile Send Momodou a Private Message  Reply with Quote
Essa M. Fall's reaction

Dear fellow Gambians,

I am deeply dismayed by the recent developments surrounding the proposed bills in the National Assembly aimed at increasing the remuneration for judicial officers and members of the National Assembly. The profound shock and discontentment I feel have led me to stand in solidarity with those angered by it and protest against this concerning decision.

I am a huge proponent and firm believer that ALL public officers should receive fair compensation to lead dignified lives, free from the burdens of poverty, allowing them to focus on their responsibilities without the worry of meeting their families' basic needs. Furthermore, I advocate for equitable pay for the work done and a transparent system of remuneration, as these principles are vital in combating corruption and motivating public servants.

Unfortunately, the current discussions on salary increments reveal a significant abuse of power and misplaced priorities favoring the privileged few at the expense of those in lower levels of our society. How can we justify a situation where the Speaker of the National Assembly receives D245,000 per month, while a police officer earns only D3000-3500? Such disparities are not only devoid of compassion but are also unjustifiable, underscoring the skewed priorities of the present government.

Amidst the challenges faced by ordinary Gambians due to the high cost of living, it is disheartening to see a focus on benefiting the wealthy minority rather than addressing the pressing needs of the majority. This system of "YEKALANTE" further perpetuates severe inequality, marginalizes the most vulnerable in our society and erodes confidence. It is therefore imperative for the government to remember that they are servants of the people, not themselves, and to prioritize the welfare of all citizens.

I express my solidarity with the underpaid workers of The Gambia in rejecting the exploitation of the nation's limited resources. Furthermore, such unjust practices tarnish the government's reputation and erode public trust. I urge for a return to pragmatism, sound reasoning, empathy, and compassion in governance. Greed, selfishness and utter lack of compassion for the downtrodden MUST STOP.

In closing , to those who cannot pay rent- I feel your pain; to those who cannot pay school fees for your children, I feel your pain; to those who cannot give food/fish money to your families, I feel your pain; to those who cannot buy needed medicine, I feel your pain; and to those experiencing other hardships, I feel your pain. And to all of you, I offer my unwavering support and assurance that real SYSTEM change for a better Gambia is on the horizon.

Sincerely yours,
Essa Mbye Faal
#Turnaround

A clear conscience fears no accusation - proverb from Sierra Leone

toubab1020



12306 Posts

Posted - 01 Jul 2024 :  16:22:08  Show Profile Send toubab1020 a Private Message  Reply with Quote


"I offer my unwavering support and assurance that real SYSTEM change for a better Gambia is on the horizon."

The Snippet above relates to the posting made by Essa Mbye Faal and Posted - 01 Jul 2024 : at 09:51:24

==================

It is a fact of the working of politics in the whole world that the anomalies which the writer has highlighted are
inbuilt into POLITICS worldwide..

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou



Denmark
11604 Posts

Posted - 01 Jul 2024 :  20:06:04  Show Profile Send Momodou a Private Message  Reply with Quote
Kandeh warns passing Judicial Officers Bill could end Barrow’s reign
The Standard: JULY 1, 2024

By Omar Bah

https://standard.gm/kandeh-warns-passing-judicial-officers-bill-could-end-barrows-reign/

Mamma Kandeh, the leader of the opposition Gambia Democratic Congress, has issued a stern warning to President Adama Barrow that the passing of the Judicial Officers Remuneration Bill will end his presidency.

The controversial bill was first tabled in September 2023, seeking to make provisions for the enhancement of the salaries, allowances, and pension entitlements of judicial officers. It also seeks to regulate the conditions of service of judges of the superior court and judicial staff. It was, however, thrown out by members of the National Assembly, who voted 21 against 18 to ditch it.

- Advertisement -
But the government introduced it again last month as the Judicial Officers Remuneration and Other Entitlements Bill, 2024.

Commenting on the bill in an audio shared with The Standard, Mr. Kandeh warned that the government should be mindful of pushing Gambians to the limit.

“This is our government; this country belongs to all of us. You must not underestimate the people who elected you into office. The unbecoming behaviour of this government is getting out of hand now. Enough is enough,” Kandeh said.


He said the bill is inconsiderate of the plight of the Gambian people, especially at a time when the world is battling with economic challenges.

“Mr. President, if you are not careful, this bill will cost you your presidency, and it will be a blunder for you,” Kandeh advised.

On the drafters of the bill, Kandeh said: “People cannot sit there and unabatedly continue milking our resources. You are only thinking of how to improve your living standards, to the detriment of our young people. This was not the reason you were elected. The Gambian people are tired of this nonsense.”

Kandeh said he hopes the National Assembly will not be ill-informed enough to pass the bill.

“I want to tell all the National Assembly Members that this bill is not in the interest of the Gambian people. If you allow it to pass, it may result in unforeseen consequences. I am very serious about this. We are tired of your ill-advised actions. You cannot continue to only care about how to fatten salaries to the detriment of a country’s future. That cannot happen,” he said.

Kandeh reminded the National Assembly that a good number of Gambians are going to bed every night with empty stomachs.

“The plight and wellbeing of the people should be the preoccupation of every serious government. I want to advise the National Assembly to remember that it is us who put them there, and our interest should supersede any other interest,” he added.

The GDC leader concluded by apologising to Gambians for his hash words but maintaining he meant everything he said because the situation calls for drastic measures.

A clear conscience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
11604 Posts

Posted - 02 Jul 2024 :  11:54:52  Show Profile Send Momodou a Private Message  Reply with Quote
No To Salary Increments for Top Public Officials!
By Madi Jobarteh

In the Gambia, the President, Ministers, National Assembly Members and Judges are the highest paid public servants. They are not only well paid, but they are also well served and protected with numerous lucrative incentives and benefits that would be difficult to justify, morally, legally and economically. Furthermore, these public officials are entrusted with immense powers, privileges and immunities which are enough to make them lords over the people. Yet. consistently these officials continue to demand an increase of their salaries, incentives and benefits.

The only reason these officials are showered with such lucrative salaries, incentives, benefits and privileges is for only one purpose: to serve the best interest of the Gambia. That is, to ensure that the rights of Gambians are protected, and their needs are fulfilled so as to guarantee freedom, prosperity and hope for the people. But sre the performing that function effectively and efficiently as required by law. NO.

The wealth of the country is not the property, and for the benefit of only a few people. Rather the wealth of the country belongs to all Gambians. In fact, those who work in the State are servants of the rest of the population. Their task is to utilize public wealth in such a way as to provide better life, freedom and hope to the people. Hence the purpose of the State is to serve the people and not to serve only a few bunch of public servants.

Unfortunately, since Independence, officials of the State have subverted the purpose of the State towards themselves to serve their selfish interest at the detriment of the interests of the majority of the people. Not only have they sought to legalize and legitimize unjustified and unethical incentives for themselves, but also corruption, inefficiency and incompetence is rife within the State in total contravention of the Constitution and other laws of the Gambia. Not only do these State officials ignore corrupt practices but they also encourage and protect corruption and its perpetrators to the severe detriment of the majority of Gambians. It has to stop.

For example, while they impose huge taxes on the people and take huge loans in the name of the people and receive huge grants on behalf of the people, the Executive has failed to effectively and efficiently manage the economy such that most Gambians will be out of poverty.

Despite rising taxes, loans and grants, there is no commensurate increase in the availability and delivery of public goods and services. Instead, the cost of living continues to increase while there are limited opportunities for employment, investment, and economic wellbeing which is why Gambians are eager to flee their country by any means possible to seek greener pastures elsewhere.
Meantime the National Assembly continues to fail to play their oversight function as effectively as required by the Constitution to ensure that they discipline the Executive. Rather NAMs have turned the parliament into a theater to defend the Executive and their political party and selfish interests instead of standing up for the best interest of citizens.

The Judiciary on the other hand has failed to ensure that there are dignified and equipped courthouses with all the tools necessary to ensure quick access to and efficient delivery of justice to the people. Visit the courthouses from Banjul to Basse to realize how ill-equipped, unfit and poorly maintained courtrooms are. Consequently, Gambians found it difficult to enjoy the protection of houses of justice as court processes are unnecessarily long. What then is the interest of the Chief Justice and the Judiciary? Is it to deliver justice to Gambians first and foremost or is their interest to secure their lives and future at the detriment of the people?

There should be a 10-year moratorium on salary increment for the President, Ministers, NAMs and Judges. Rather, Gambians should insist that they perform and deliver their functions as set out in the Constitution. These officials are already hugely catered for and there is no moral, legal or institutional justification to shower them up with any more incentives. The national cake is not for them alone when most of the public servants are paid a pittance.

Rather, Gambians must demand that the Executive, Legislature and the Judiciary stop perpetrating corruption, mismanagement of public resources, and waste. They must be told to abide by and uphold the Constitution in the performance of their functions. So far, they are underperforming woefully thereby turning the Gambia into a highly indebted poor country where deprivation, injustice, insecurity and lack of opportunities are rife thus threatening national cohesion and stability.

For The Gambia Our Homeland

A clear conscience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
11604 Posts

Posted - 04 Jul 2024 :  23:37:57  Show Profile Send Momodou a Private Message  Reply with Quote
Press statement

Section 142 (1) of the Constitution of the Republic of The Gambia 1997 on Remuneration of Judges provides that “a judge of the superior court shall be entitled to such salary, allowances, and on retirement such gratuity and pension, as may be prescribed by an act of the National Assembly”. The Judicial Officers (Remuneration and Other Entitlements) Bill 2024 soon to be tabled before the National Assembly by the Honourable Attorney General and Minister of Justice for the 2nd time, seeks implementation of this provision of the 1997 Constitution for judges, as well as other judicial officers.

The tabling of the Bill has generated concerns from the public as to the entitlement of judicial officers to the conditions of service contained in the bill, necessitating the issuing of this statement to explain the rationale for the bill and its purport for better understanding and appreciation of all. While acknowledging citizens’ unfettered right to scrutinize and critique the bill, the GBA encourages careful and objective reading of it. This we hope will help bring clarity to the discussion of the bill based on the facts and the context.

It is important to note that the purpose of the bill is to provide structured legal framework to govern the compensation and benefits of judicial officers. Unlike, other arms of Government, the judiciary does not have specific legislation as required by the constitution to govern the its remuneration and benefits.

It is important to state that the bill does not contain any provision to increase the salaries of Judicial Officers as such the enactment of this bill will not result in the increment of the salary of judicial officers as widely reported in the media.The Bill rather provides that the Judicial Service Commission shall whenever government conducts public service pay review, inquire into the adequacy of the emoluments payable to judicial officers and submit report to the President for approval. The Bill stipulates that any increase in salary of judicial officers shall take into consideration amongst other things the financial conditions of the Government.

The Bill spells out the conditions of service of Judicial Officers (including judges of the superior court) whilst in office and after they leave office upon retirement or death. It is worth reminding that judicial officers are public officers and by virtue of their employment, receive remuneration ie salary with allowances, provision of security, transportation and accommodation etc. The novelty of the Bill is that it provides pension benefits to Judicial Officials in the Gambia taking into account the peculiarity of their role, and the restrictions Judicial Officers face after retirement. Judges by the ethical rules governing the legal profession, cannot engage in any other type of work during their tenure in office and after
retirement on the bench, they cannot return to practice law. The pension benefits proposed in the Bill are in line with pension benefits in the subregion and the commonwealth.

The enactment of the bill will enhance the overall efficiency of the judicial delivery and preserve the integrity of judicial officers. The unique responsibility entrusted to them as the final arbiter of disputes in civil and criminal matters, interpreters of the law in constitutional matters, and the diligent exercise of their duties, assures the maintenance peace, stability and social harmony. It is also a fact that the enactment of the bill will help attract knowledgeable and experienced Gambian legal practitioners with integrity to judicial service.

The GBA as part of its mandate promotes and safeguards the independence of the judiciary, which is integral to maintenance of the rule of law and delivery of justice. The GBA is of the view that it is in the public interest to ensure the Gambia’s judiciary is independent, efficient and well-resourced to deliver justice. The enactment of the Bill will reinforce the independence of the Judiciary and help retain and attract best of legal minds to the bench which will positively impact the administration of justice.

Lawyer Neneh Chan
President
The Gambia Bar Association

A clear conscience fears no accusation - proverb from Sierra Leone
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toubab1020



12306 Posts

Posted - 08 Jul 2024 :  15:41:27  Show Profile Send toubab1020 a Private Message  Reply with Quote
#Headlines
GBA issues statement on Judges Entitlements Bill 2024
Jul 8, 2024, 12:11 PM

Section 142 (1) of the Constitution of the Republic of The Gambia 1997 on Remuneration of Judges provides that “a judge of the superior court shall be entitled to such salary, allowances, and on retirement such gratuity and pension, as may be prescribed by an act of the National Assembly”.

The Judicial Officers (Remuneration and Other Entitlements)Bill 2024 soon to be tabled before the National Assembly by the Honourable Attorney General and Minister of Justice for the 2nd time, seeks implementation of this provision of the 1997 Constitution for judges, as well as other judicial officers.

The tabling of the Bill has generated concerns from the public as to the entitlement of judicial officers to the conditions of service contained in the bill, necessitating the issuing of this statement to explain the rationale for the bill and its purport for better understanding and appreciation of all. While acknowledging citizens’ unfettered right to scrutinise and critique the bill, the GBA encourages careful and objective reading of it. This we hope will help bring clarity to the discussion of the bill based on the facts and the context.

It is important to note that the purpose of the bill is to provide structured legal frame work to govern the compensation and benefits of judicial officers. Unlike, other arms of Government, the judiciary does not have specific legislation as required by the constitution to govern its remuneration and benefits.

It is important to state that the bill does not contain any provision to increase the salaries of Judicial Officers as such the enactment of this bill will not result in the increment of the salary of judicial officers as widely reported in the media. The Bill rather provides that the Judicial Service Commission shall whenever government conducts public service pay review, inquire into the adequacy of the emoluments payable to judicial officers and submit report to the President for approval. The Bill stipulates that any increase in salary of judicial officers shall take into consideration amongst other things the financial conditions of the Government.


"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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