By Bakary Touray Jr
The Attorney General (AG) and Minister of Justice Ba Tambadou Esquire, has sought the parliamentary “blessing” for the extension of the Gambia’s State of Public Emergency to 90 days as the nation is making strenuous efforts to neutralise the deadly coronavirus within our shores.
However, following the referral of the AG’s “Motion for the Extension” to the National Assembly Select Committee overseeing Human Rights and matters relating to the supreme law of the land, and its recommendation for the requested 90 days to be reduced to 45 days, and the ensued debate on the issue by the plenary, the legislature settled for a 45-day State of Public Emergency, throughout The Gambia.
Tabling the Select Committee’s report before the Assembly, Hon. Suwaibou Touray, Member for Wuli East who doubles as Vice Chairperson of the Human Rights and Constitutional Matters Committee, reported that the subsidiary legislations referred to their Committee were: Restriction on Public Transport Emergency Powers Regulations 2020; Essential Commodities Emergency Powers Regulations 2020; Restriction on Open Markets and Shopping Areas Emergency Regulation 2020; and Closure and Restriction on Non-essential Public Emergency Powers Regulation 2020.
The PDOIS member noted that legislators have advanced concerns such as whether Presidential Proclamations had followed the due process, proclamation and subsidiary legislations were published in a gazette, the 90 day extension is justifiable, and also whether the restrictions imposed are reasonable, justifiable under a democratic society.
Hon. Touray said the committee noted inter alia, that the 21 days proclamation implied that the National Assembly was not in season, and that the mentioned subsidiary legislations were published in the Gazette, each subsidiary legislations imposed restrictions on the enjoyment of fundamental human rights and freedoms, and that the restrictions were imposed by the regulations but without compensation.
The Select Committee, as he informed his colleagues, was of the view that commercial businesses should not be totally banned, but only opening and closing times should be restricted.
The Wuli East NAM submitted that there had been divergent views among them, but they finally agreed to recommend for 45 days.
However, the lawmaker added, it’s equally advised to take note of the seriousness of the pandemic; and the committee also recommended that the deputies approve the motion, but with reduction from 90 to 45 days. And also for the Justice Ministry to make reflection on some amendments in the regulations to better clarify the restrictions and provide definitions therein.
“The Committee also recomm
