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Draft Constitution Section 36: Enabling People’s Exercise of Rights or Entrenching State’s Urge to Curtail Rights?

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By Pa Louis Sambou Just when one thinks that all bad news is exhausted, more and more nasty surprises keep emerging from the horizon. One would have expected the media and press fraternity likewise Gambian civil society to promptly zone in on this one but, approval of the draft Constitution by the latter (and passive endorsement cum apathy with respect to it by the former) suggests that they perhaps have not taken notice of what is an extremely concerning provision in the draft Constitution. I speak of section 36 of course which is a completely unprecedented constitutional concept in our jurisdiction. Section 36, effectively states that the State can restrict and limit the exercise of any fundamental human right (except for 3 out of the 31 specific rights under part two of the draft) as long as the State passes a law for such purposes. Without any doubt, such a broad-brush provision, or anything similar to or akin to it does not exists in either the abrogated 1970 Constitution or the c

My Interview: Risks posed by Draft Constitution - 12 July 2020 with Christian Panorama

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Tambadu Bows Out: A Safe Pair of Hands or a Mis-sell?

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  By Pa Louis Sambou    I am sure very few would have predicted such high-profile resignation this close into election year.  Given the circumstances surrounding the myriad of ‘pies’ under the custodianship of Ba Tambadu’s brief, I doubt his resignation would have conferred any favours to the health of such matters. The same can certainly not be said of our ‘Bus driver’; it’s often said that assumptions are the mothers of all cockups but, with this one, it’s a safe bet - one can safely assume that the resignation was one which President Adama Barrow received with incandescent joy. One gets the impression that Ba Tambadu isn’t really signed up to the  lousy white horse  stuff or, if he is, he’s probably an NPP ‘heretic’ so, I doubt his resignation is in any way a blow to President Barrow personally, politically or at all as some commentators opined. A fair assessment of the short but colourful time in office of Ba Tambadu as Attorney General is one which must take into account not just