Halifa Sallah and Sedia Jatta at the PDOIS press conference
By Fatou Sillah
Hon. Halifa Sallah, the party leader and secretary general of the People’s Democratic Organisation for Independence and Socialism (PDOIS), has announced the party’s plans to embark on a nationwide tour to engage citizens on the 2024 draft constitution.
Speaking at a press conference addressing current national affairs, Mr. Sallah emphasized that the executive branch of government cannot unilaterally impose the draft constitution on the people of The Gambia.
“As we move throughout the country, we will tell them that the executive has done its will, but unfortunately that will cannot be imposed. What it has done is the end of the journey of the executive. It is required by section 226 to publish its intentions in a form of a bill in two publications of the gazette, and the latest publication not being three months after the first publication,”Sallah explained.
He continued, stating that once the bill is introduced, the lawmakers assume the role of crafting the law. The executive does not have the power to create laws; it is the National Assembly and, ultimately, the people—through a referendum—who are the true makers of the constitution.
“And then introduce in the National Assembly not less than 10 days after the latest publication. It is now introduced, now the lawmakers are the crafters of the law. The executive are not the makers of the law. The National Assembly are part of the makers of the law because finally it is the people through a referendum who become the ultimate makers of the constitution,” he asserted.
He explained that while a bill has been introduced and everyone is free to express their views—whether about consultation, lack of consultation, or even labeling it as Barrow’s bill or the cabinet’s bill—no Gambian who truly understands the rights of citizens and the role of the National Assembly would claim that the president has the authority to impose constitutional provisions on the nation or the National Assembly.
“A bill has been introduced, we can all say what we wish about consultation, non consultation, the Barrow’s bill, cabinet bill we can call it by any name but no Gambian who understands, the rights of citizens and the duty of the National Assembly would say that the president has power to impose provisions of a constitution on a nation or National Assembly. The president, his executive can have their intentions but are mere intentions. The executive can only propose, now that the bill has been introduced as required in the first reading, the next phase is what is crucial,” he said.
Sallah also reflected on the past, noting the absence of a term limit in both the 1970 and 1997 constitutions, which allowed Presidents Jawara and Jammeh to remain in power for decades. “No term limit existed in 1970 that is why the first president stayed here for almost 30 years. No term limit existed in the 1997 constitution that is why the last president stayed for 22 years, and it was only by galvanizing the Gambian people regardless of party affiliation that we were able to bring about the change to give the country a new start,” he said.
He described these laws as self-perpetuating, which motivated the formation of the coalition that sought change in the 2016 elections. “Fundamentally, those were the flaws. Self-perpetuating laws that brought the coalition together to effect a change, where we will ensure a level ground for multi party contest, defend the fundamental rights and freedoms of the citizens, raised 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 constitution of their mandate to two terms,” he said.