Africa-Press – Gambia. Indeed, every genuine Gambian who loves and cherishes his/her citizenship should condemn the recent decision by the government of President Adama Barrow to withdraw its support for Ba Tambadou’s candidature for a judge at the International Court of Justice (ICJ) in favour of a non-Gambian. That is the height of self-betrayal.
Regardless of whatever Tambadou may have been accused of doing or failing to do in the disposal of former President Yahya Jammeh’s assets, which still remain mere accusations, there is no justification to deny a Gambian citizen an opportunity to serve in such a prestigious international position.
Therefore, while I fully agree with the United Democratic Party (UDP) leader, Ousainu Darboe’s public condemnation of the government decision, but I differ with his approach. There was absolutely no need for him to try and make political capital out of the issue, which he seems to have done in this particular instance. Otherwise, what was the point in mentioning the ethnic group that Tambadou belongs to, when there was absolutely no reason to do so? Therefore, even the dumbest person saw that Mr Darboe was unfairly using Tambadou’s predicament to score some political points against the Barrow administration.
While I am not in any way defending Tambadou’s alleged role in the asset disposals, or whatever else he may be accused of, the fact remains that he served this country to the very best of his ability, with dedication and decorum. We can recall that he sacrificed quite a lucrative international appointment with the UN Tribunal for Rwanda to return and serve the new administration for a fraction of the pay and other privileges he had been enjoying. Also, whatever one may say about him, Tambadou has so far served as the most effective Attorney General and Minister of Justice we have ever had in this country since independence, effectively steering it through a difficult transition. Therefore, he certainly deserves much more than the type of treatment he is getting from this administration.
Having worked with him, both in cabinet and other fora, I know how much Tambadou loves this country and how far he is prepared to go to sell the country’s positive image. As such, the government’s decision to ditch him for a non-Gambian sounds like the betrayal of the century.
Demba Ali Jawo
Kanifing
The law is in favour of GALA to be registered under its preferred name as such
Dear Editor,
The Companies Act is a law that caters for the registration of both business companies and nonprofit organisations. Chapter 11 of the Act refers to nonprofit organisations as ‘registered associations.’ Obviously, a business company and a nonprofit organisation are diametrically opposed. They are two totally different entities such that they should not have been joined in one legislation. Doing so only has the potential to harm nonprofit organisations which is now unfolding before our eyes in the wake of the GALA registration debacle.
Registered associations are nonprofit organisations, otherwise called civil society organisations (CSOs) or non-governmental organisations (NGOs) or even charitable organisations. They come in various forms such as professional bodies, trade unions, faith-based organisations among others with diverse interests, objectives, scope, and other characteristics. These organisations or associations are usually formed by individuals or groups with shared vision and mission. They neither seek political power nor financial or economic profit hence they are outside the realm of the state and the market.
In the Companies Act, Section 567 relates to the incorporation of associations, i.e., CSOs. It states that these associations can be formed “for any religious, patriotic, philanthropic, historical, artistic, fraternal, athletic, educational, literary, scientific, social, developmental, cultural, sporting or charitable purpose.” This Section captures GALA just like any other CSO in this country.
Section 16 in Chapter 2 of the Act concerns the name of a company, and not an association. It refers to only business companies. There, it states that a company cannot have in its name words like, “National”, “State”’ “Government”, “The Gambia” unless if the Registrar agrees.
However, the area that relates to associations such as GALA is in Chapter 11, entitled ‘Registered Associations’. Section 566(1) of this Chapter states categorically that, “This Chapter applies to a non-profit company.”
More importantly and for the matter at hand, it went further to state in subsection 2 that, “When a provision of this Chapter is inconsistent with, or repugnant to, any other provision of this Act, the provision of this Chapter, in so far as it affects a registered association to which this Chapter, applies, supersedes and prevails over the other provision of this Act.”
Clearly, to deny GALA’s registration based on name as mentioned in Section 16(2) is both inconsistent with and repugnant to Chapter 11 and in particular Section 567 which is about the incorporation of associations. This is because Section 567 recognises GALA as a nonprofit association and not a business company as contemplated under Section 16 in Chapter 2. Chapter 2 relates to business companies and is entitled, ‘Formation and Operation of Companies’.
GALA’s registration as an association is provided only under Chapter 11 as a nonprofit company. Considering the foregoing then, Chapter 11 and its provisions supersede and prevail over Chapter 2 and its provisions because the subject matter here is a ‘registered association’.
For purposes of clarity, I repeat Section 566(2) under Chapter 11:
“When a provision of this Chapter is inconsistent with, or repugnant to, any other provision of this Act, the provision of this Chapter, in so far as it affects a registered association to which this Chapter, applies, supersedes and prevails over the other provision of this Act.”
In light of this, I hereby call on the Ministry of Justice to accept the documents and register Gambians Against Looted Assets (GALA) as a legally and legitimately constituted body with an appropriate name according to the Companies Act.
Madi Jobarteh
Kembujeh
Source: The Standard Newspaper | Gambia
For More News And Analysis About Gambia Follow Africa-Press
