In order to gather public opinion on the 2024 draft constitution, the People’s Democratic Organisation for Independence and Socialism (PDOIS) is planning to go on a nationwide tour, according to Hon. Halifa Sallah, the party’s leader and secretary general.
Mr. Sallah underlined that the executive arm of government cannot unilaterally impose the draft constitution on the people of The Gambia while speaking at a press conference discussing current national affairs. We will inform them as we travel the nation that the executive has carried out its mandate, but regrettably, that cannot be enforced. It has caused the executive’s trip to come to an end. Section 226 mandates that it declare its intentions in the form of a bill in two gazette publications, with the most recent publication occurring no more than three months following the first, according to Sallah.
He went on to say that after the measure is introduced, the legislators take over the task of draughting the legislation. The National Assembly and, eventually, the people—through a referendum—are the real creators of the constitution; the president does not have the authority to enact legislation.
“And then, within ten days of the most recent publication, introduce in the National Assembly.” Now that it has been introduced, the bill is being crafted by the legislators. Laws are not created by the executive. Since the people ultimately create the constitution by a vote, the National Assembly is involved in the legal-making process,” he claimed.
No Gambian who genuinely understands the rights of citizens and the function of the National Assembly would argue that the president has the power to impose constitutional provisions on the country or the National Assembly, he explained, even though a bill has been introduced and everyone is free to voice their opinions—whether regarding consultation, lack of consultation, or even referring to it as Barrow’s bill or the cabinet’s bill.
No Gambian who is aware of the rights of citizens and the responsibility of the National Assembly would argue that the president has the authority to enforce constitutional provisions on a country or National Assembly. A bill has been introduced, and we can all say whatever we want about consultation, nonconsultation, the Barrow’s bill, the cabinet bill, etc. Although they are only intents, the president and his executive branch may have them. Now that the law has been tabled as necessary in the first reading, the executive can simply make proposals; the next step is what matters most,” he stated.
Sallah also took stock of the history, pointing out that the 1970 and 1997 constitutions lacked a term restriction, allowing Presidents Jawara and Jammeh to hold office for several years. The first president remained in office for over 30 years because there was no term restriction in 1970. The 1997 constitution had no term restriction, which is why the previous president served for 22 years. He remarked, “We were only able to bring about the change to give the country a new start by rallying the Gambian people regardless of party affiliation.”
The coalition that aimed to bring about change in the 2016 elections was formed because, as he explained, these laws were self-perpetuating. Those were the fundamental faults. Self-perpetuating laws that brought the coalition together to effect a change, where we will ensure a level playing field for multi-party contest, defend the fundamental rights and freedoms of the citizens, raise their awareness, enable them to take ownership of power, and ensure that a transition would be natured that will prepare the Gambian people for a new political dispensation where power will truly emanate from their consent and no one will govern without any limitation by the constituti
