Mob justice is populist justice outside the ambit of procedures and just laws. It is different from substantive justice because of adherence to the principles of fairness in the dispensation of justice. There is presumption of innocence and the right to fair hearing before an independent and impartial tribunal.
Suffice it to say, to take information from the people without guiding them on the principles of a democratic republic and enact laws based on such opinions amount to mob law making. The history of universal suffrage teaches that voters were first restricted to males who were owners of property. It was out of a bitter struggle for the right to vote to be extended to women in particular and to citizens at large regardless of whether they were owners of property or not.
The republic affirmed the equality of all citizens and accord them the right to elect and be elected to establish governments based on consent. Hence ownership of property or money should not be the basis for having the right to elect or be elected. This is why section 26(b) of the Gambian Constitituion asserts,
“Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions – (b) to vote and stand for elections at genuine periodic elections for public office, which elections shall be by universal and equal suffrage and be held by secret ballot.”
Hence the right to elect or be elected should not be unreasonably denied to citizens. It is therefore ridiculous to claim that Gambians who claim to know their rights and their constitution would recommend a deposit of 1 million dalasi just to stand in a presidential election. To introduce such a law is to subvert section 26 of the Constitution and the values of the democratic republic. It is to deprive competent and honest Gambians who delivered services to their country for decades in the public service without saving much money the right to seek the office of president just because they do not have anyone to patronise them to stand.
It is the height of political illiteracy to subject the right to elect or be elected to the cash one has in an account. Any country that has such a law can only claim to have formal democracy but cannot claim to have the substantive democracy of a republic. Foroyaa will strongly recommend for Gambia not to have such a law. Wherever it exists any democratic transformation should lead to its overhauling. This is how matters stand.
