Foroyaa has posed this question and got the following answer from Halifa Sallah. According to him, he has produced a book the content of which no single member of the bench, legal practitioner, academic or political leader has challenged.
To prove that the Constitutional Review Commission Act which gave birth to the CRC gave it a lifespan of 18 months with the possibility of extension of another six months to make it a total lifespan of two years. He indicated that the rejection of the 2020 Bill by depriving it of a three-quarters majority support of its principles killed the Bill and the CRC initiative.
He has called on the National Youth Parliament to organize a debate with any legal practitioner, academic or political leader who holds a contrary view to clarify matters to the nation.
He added that after the killing of the 2020 Bill he recommended for the government to set up a review committee and charge it with the responsibility of explaining the content of the 1997 Constitution and the 2020 Bill that was killed and called for recommendations from Gambians on the way forward to introduce a new Bill in the National Assembly. He said the government disregarded this recommendation and ended up introducing the 2024 Bill in the National Assembly after importing many provisions from the 2020 Bill, the 1997 Constitution and adding the cabinet’s own mind.
According to him, the consultation that the government failed to do can now be done by the National Assembly, to teach the Gambian people that there is separation of powers between the executive and the National Assembly. He emphasised that the Bill must go to the consideration stage before the National Assembly members could propose to include all the provisions of the 2020 Bill that are deemed appropriate to include, and reject all the provisions included that are not reasonable and justifiable to be included in the Constitution of a Republic.
He added that the National Assembly of 2025 must know that it can only enable the Gambian people to engage in a debate on the draft constitution in a meaningful way if it goes beyond the second reading to the committee and consideration stage.He indicated that the members of the National Assembly are to vote on the principles and not the content of the Bill with regard to the second reading which is scheduled for 27th March.
He emphasised that every honest Gambian knows that the 1997 Constitution has provisions which are archaic and do not confirm with standards and principles of constitutional governance in West Africa in particular and Africa in general. Hence the principle that constitutional reform is necessary should not be a source of dispute or controversy. The dispute should come in the committee and consideration stage.
Needless to say, the National Assembly members who support the government do not have three-quarters majority to allow approval in the third reading without the support of the other National Assembly members. He concluded that any member of the bar or bench, academic, political leader or sovereign Gambian who does not want the Bill to go the committee stage for a debate on its content cannot be said to be interested in making the National Assembly to do what the executive has not done.
The executive failed to consult as it should have but the National Assembly can now open up consultation with the people to check and dismantle any machination of the executive. Those who advise the National Assembly members not to go to the committee stage so that they will engage in consultation with the people are counselling them to do just what the executive has done. Representatives who do not want to consult the people on a matter that constitute the very foundation of their republic cannot be seen to be defenders and promoters of the aspirations of the Gambian people and their sovereignty.
He added that he will call a press conference to address the issue of diaspora registration, the 2020 and 2024 constitution making controversies, the issues of assets recycling, the trade deficit and rising cost of living and other connected matters.
