Showing posts from October, 2020

COLUMN | UDP’s Lawyer Ousainou Darboe — Is He Barred From Running For the Presidency?

By Pa Louis Sambou    General public discourse has for sometime regularly featured the subject of the UDP Secretary General, Lawyer Ousainou Darboe’s eligibility to run for the Presidency under the existing Constitution. The public interest in this particular subject has since been exacerbated following the voting down of the now historical draft Constitution whose section 94(1)(d) was designed to put this very issue to rest. However, as it turned out, the draft Constitution was ironically put to rest instead — rendered ‘dead’ as “reform pessimists” (according to Justice Jallow) would say or, in a ‘coma’ as reform fantasists steadfastly believe.     Never-mind which of the above metaphoric characterisations is a more fashionable description of the status of the much discredited framework, what’s clear is, as per section 22(1) of the Constitutional Review Commission (CRC) Act, the CRC stands dissolved as of 22 October 2020 and by default bringing to an end the legal effectiveness of key

REJOINDER | Response to Mai Fatty’s Comments on Draft Constitution Published on Standard Newspaper on 12 October 2020

Rejoinder: ‘Christians’ complaints over draft should be taken seriously’   By Pa Louis Sambou  Having come across the above captioned article which was published on  Standard newspaper on 12 October 2020 , I have reason to address a few fundamental inaccuracies, inaccuracies which I shall interrogate in the full knowledge that I will yet again attract more pathetic allegations from fellow citizens of “inventing prejudice”, fellow citizens some of whom unfortunately and ironically self – identify as ‘human rights’ activists. I never thought I’d ever have to say this but, the uncomfortable truth is, the spectacular unveiling of closet bigots among us (Gambians) is about the only good thing to show for the over D116 million investment on the now historical draft Constitution.    The article in question quoted Mr Mai Fatty as having said that:    “There is no provision in the draft Constitution that legally compels, mandates or subjects non-Muslims to sharia courts’ jurisdiction. Any imput

CIVIC EDUCATION | The Winners and Losers in The Draft Constitution - Facts over Myths

    By Pa Louis Sambou     Public and Civil Servants   1997 Constitution   More Info  Draft Constitution   More Info    Allowed  to have another job       Not Applicable    Not allowed  to have any other job       Draft Section 27(1)                        VERDICT  =                              LOSERS     Fundamental human rights      1997 Constitution   More info  Draft Constitution   More info    Courts  have no  discretion on the application of international human rights law when interpreting Constitution             Courts  have  option to disregard international human rights law when interpreting the Constitution     Permitted under draft section 10(3)      State  can only   restrict 5  fundamental rights     Right to Life   (section 18(1))      Right to Personal Liberty   (section 19(1))      Protection from Deprivation of Property   (section 22(2))      Freedom of Speech, Assembly Etc. (section 25(4))      Freedom of the Media, Press   (section 209)      State  can restrict 30