By Louise Jobe
Senior Lawyers Lamin J. Darboe and Abdoulie Fatty representing the Brikama Area Council have written to the Inspector General of Police, the Director of National Road Authority and Director of Physical Planning and Housing concerning the demolition in the Brikama Market.
The Lawyers asked the police and the two other government agencies to stop the demolition exercise and engage the Area Council to find a solution that is lawful, fair, and equitable. The letter stated that failure to adhere to the demand would lead to a court action against them.
The letter was dated 20 November 2023. In the letter, the two lawyers said the agreement the Area Council had with the task force was for the clearing of the road linking the hospital to the highway to pave smooth access for the ambulances. The lawyers said the understanding of the Area Council was that the demolition would only be limited to the feeder road linking the hospital to the highway.
The Lawyers said on 8 November 2023 the task force descended into the Brikama Market and carried out substantial demolition, which extended to feeder roads within and around the market. The Lawyers said the Area Council had informed them that the demolition had caused disproportionate destruction and immeasurable to the market vendors, some of whom had been in occupation of their stalls since the 1970s.
The Lawyers stated that the National Roads Authority Act of 2007 vests the National Roads Authority and the National Roads Fund the responsibility for the administration, control, and maintenance of all national roads in the Gambia. They further stated that section 79 of the Local Government Act of 2002 provides a definition of secondary road to mean “any road, which borders off a trunk road or highway to which the public has lawful access and which does not form part of the National Road Network.”
Also, section 80 subsection 1 of the Local Government Act makes provision for Local Road Authority mandating the Councils to establish local road authority for their areas of jurisdiction, which shall be responsible for the upkeep and maintenance of all secondary roads. Section 80 subsection 3 provides that a Local Road Authority may perform the same functions in relation to secondary roads in its area as vested in the National Roads Authority in relation to the National Road Network.
The two Lawyers said the power to maintain and control secondary roads falls within the purview of the local councils and not the central government because the law provides that secondary roads do not form part of the national road network. The lawyers pointed out that section 35 of the NRA Act provides that the NRA should cooperate fully with government departments, agencies, and other public authorities in the discharge of its functions.
The lawyers said the second schedule of the Local Government Act puts the control, maintenance, and building of markets among others on the local councils. The lawyers stated that the local councils for the control and management of public vehicle parking. The lawyers argued that the system of local governance accords the local councils with a high degree of autonomy. They said the revenue generated from the markets and the car parks are the lifeblood of councils in the exercise of their development agenda and programmes.
“The Brikama Area Council is the owner, manager, and administrator of the Brikama Market and Car Park. As the custodian of these facilities, there was a statutory and public law duty on the task force to engage and dialogue with the Council to find practical solutions to mitigate the risk and extent of the damage while at the same time meeting the objectives of the Task Force. Failure to carry out this exercise without the involvement of the Council renders this exercise defective in its operations and irregular in law,” the two lawyers stated.
The Lawyers also stated that the Task Force did not give adequate notice to the Brikama Area Council, the traders in the market and car park, private homes within close proximity to the market, and all individuals individually and collectively aggrieved by their action. They said the Task Force was under duty to put the affected parties on formal notice. The duty to serve the affected parties is indispensable as per the Development Control Regulations (Legal Notice 15 of 1995). The Lawyers said the law requires the notice to be served to the owners of the stalls and every other person the order will likely affect.
The Lawyer requested the maps and the sketch plans, survey plans, and all other documents relied upon in the exercise, if available.
