Tags
Adama Barrow, Fatoumatta Tambajang, Gambia Coalition, Gambian Politics, New Gambia, Sait Matty Jaw
Source: http://www.gambia.smbcgo.com
On 1st December 2016, Gambians went to the polls to change the government of Yahya Jammeh and usher in a new and democratic Gambia. Jammeh was defeated and forced into exile after a rocky tussle; and alas, a new Gambia was ushered in. Now that Jammeh is gone, the new government led by Adama Barrow has started appointing its cabinet.
The first appointment, although highly welcomed by many Gambians, has contravened section 70(2) of the 1997 Gambian constitution which states that “a person shall be qualified to be appointed as Vice President if he or she has the qualifications required for the election of the president under section 62”
Section 62 (1)(b) of the aforesaid constitution clearly states inter alia that a person shall be qualified for election of president if “he or she attained the minimum age of thirty years but not more than sixty-five years;”
Mrs Tambajang, as of the appointment, is above 65 years old. She is categorically unqualified based on the cited sections of the Gambian constitution.
The big question is what was the coalition thinking? Were they depending on the declared state of emergency as a legal basis to appoint her? If that is the case, I am sure that they are aware that the imposition of this state of emergency in Jammeh’s final days was termed as illegal and irrelevant by their own, as it was considered a ploy to extend his term. Where we go from here, is up to our legal luminaries to shed light on. What’s clear is that we need an explanation.
This new development has undoubtedly started a debate among Gambians. Some argue that the constitution was amended by Jammeh and as such they see no reason why this should be a problem. However, others argue that the current government must adhere to the whims of the Gambian constitution, until it is reformed or amended to suit the current reality. I am with the latter group.
I am not saying that Tambajang is not qualified or cannot do the work. We know very well what she is capable of doing. She was very instrumental, as a neutral person, in bringing the various parties together and even chairing the coalition convention etc.
Fifteen years ago, long before most of us joined the struggle to liberate our country, she had already decided that The Gambia will not progress under Jammeh. She took part in the demonstration that led to the arrest of UDP party leader Ousainou Darboe. Whereever the movement for democracy called, she was present. Equally, she has laudable experience in the public sector, having served under Jammeh as Minister of Health briefly. She also has experience working for the UN. Indeed she deserves to be VP as much as any other Gambian with the required qualifications and competencies.
However, we have a constitutional crisis that prevents her from being made the VP. We cannot allow the rules to be bent or even ignored. Until we fix this missing link, we call on Barrow and his government to respect the constitution as it is.
Let it be clear from now on. We did not remove Jammeh for Barrow to continue to govern without due process. We voted for change and we voted for rule of law. The Gambia must move forward from here and we will not at any point allow the constitution to be ignored for whatever purpose. We are watching you and every move you take will be scrutinized.
Gambia Forward
Sait Matty Jaw 
You couldn’t be clearer Mr. Jaw, the 1997 Constitution is not Yaya Jammeh’s constitution nor that of the APRC regime, rather it is the constitution of the republic of the Gambia PERIOD. Their is no ambiguity in it, and thus its letter and spirit must be respected at all cost. Their is certainly a lot that needs to be changed in it, but until that change is legally effected, nothing changes. I equally have great respect for madam Tambajang, her qualification, experience and patriotism are impeccable, but the law is the law. I am personally disappointed by the narrative of those trying to justify her appointment. Ironically, some of them are the very people who for the past years and decade, dedicated their time and resources to fight a regime that does everything but respect the constitution: Shameful and hypocritical!
However i have hope in the coalition, and i regard the appointment as a serious oversight issue. Also, i am sure that Madam Tabajang her self will not want to be party to anything that will breed constitutional crises and further contradict her cause for the past two decades.
Thanks for your take. You have clearly expanded on my points. I hope they will be able to address this issue as quickly as possible. The fact that Gambians are debating about it shows a new beginning for the country.
The constitution is the supreme law of the land and is not ex President law,therefore we should respect it in full not leaving an iota or an atom of its provision out.
The position of VP is not the only position available in the new Gambian government where she can fit in well if she’s interested in serving the Gambia. Let us not set a bad precedent from the word go.