By Lama S. Jallow
On Friday 3rd April 2020, Gambia’s Lawmakers approved a motion to extend the State of Public Emergency (SoPE) for 45 days as opposed to the Government’s initial request for a 90 day extension. The motion was tabled at the National Assembly after a recommendation by the National Assembly Standing Committee on Human Rights and Constitutional matters for the SoPE to be halved from 90 days to 45 days.
It could be recalled that on 27th March 2020, President Adama Barrow announced a State of Public Emergency calling for a closure of all non-essential food outlets and businesses. The SoPE accompanied several restrictions on public gatherings and limited public transportation to half of their passenger capacity.
NA Committee Reviews Justice Minister’s 90 Days SoPE Motion
Before approval of a SoPE of 45 days, Justice Minister, Hon. Abubacarr Tambedu laid a motion for an extension of the SoPE for 90 days on Thursday, April 2nd 2020. Appearing at the National Assembly, Hon. Tambedu cited section 34 (2) of the 1997 Constitution which states that “a declaration made under this section shall lapse at the expiration of a period of seven days, or if the National Assembly is not in session, twenty-one days, beginning on the day on which the proclamation is published in the gazette unless, before the expiration of that period, it has been approved by a resolution of the National Assembly supported by the votes of not less than two-thirds of all members thereof” to back his request.
The Justice Minister went further to clarify that the SoPE is different from a lockdown as presumed by many but was quick to add that the situation will affect all the sectors in all ways.
Soon after the Justice Minister laid the motion, Hon. Halifa Sallah, National Assembly Member (NAM) for Serrekunda drew the National Assembly’s attention to section 53 (c) of the National Assembly’s Standing Orders for the session to be adjourned and the motion laid to be sent to the relevant committee for further scrutiny. The session was adjourned for the relevant committee to review and make recommendations to the National Assembly.
When the session resumed the following day, the Vice-Chairperson of the Human Rights and Constitutional Matters Committee, Hon. Suwaibou Touray gave a breakdown of the recommendations made by the NA Committee. He did note that different views were made on the extension which was trimmed down to 45 days. Hon. Touray highlighted that the committee observed that restrictions were imposed by the Governments regulations, however, there was no compensation.
In response Finance Minister, Hon. Mamburry Njie confirmed that the Government had nothing on the table to compensate citizens for the hardships imposed by the regulations, however, he assured Parliament that the government will look into providing a relief package for most vulnerable.
Hon. Touray speaking on the committee’s recommendations highlighted that they advised the Government to be flexible in the collection of rates, tax or revenue from the public considering the SoPE and regulations imposed by the Government. The committee further advised the Finance Minister and the relevant Ministries such as Health, Trade, Tourism, Transportation and Interior to collaborate with the Justice Ministry to come up with a compensatory mechanism to provide a relief package for the most vulnerable during the times of restrictions.
NAMs Express Dissatisfaction “No Relief Package”
After the Committee’s recommendations were read out some Parliamentarians expressed dissatisfaction with the 45 days extension prompting some NAMs to question the Government’s readiness and capacity to provide relief for vulnerable families. Hon. Bakary Camara, NAM for Kiang Central said Covid 19 is a deadly Pandemic but the decision of the SoPE is another critical situation stating that most of the vulnerable people survived from hand to mouth.
Hon. Sallah, NAM for Serrekunda emphasised that the proclamation by the president had a different interpretation that needs to be clarified by the Government especially on those selling essential goods amongst others for the regulations to be understood. Hon. Sallah maintained that ninety days is not ideal for the state nor the lawmakers because they don’t know what is ahead of them.
Hon. Saikou Marong, NAM for Latrikunda Sabiji questioned the government preparedness for the emergency period. “If you ask people to stay at home for a period of ninety days you should equally tell them on what basis you want them to stay” he stated. Marong recommended for Parliament to extend the SoPE for one week to allow the Government additional time to prepare and return to the Parliament with more concrete plans.
Minority Leader, Hon. Samba Jallow for Niamina Dankunku and Hon. Salif Jawo, NAM for Jakadou both highlighted that the decision placed the National Assembly in a difficult situation especially considering the financial constraint of the citizenry. Hon. Jawo disagreed with the committee’s recommendations for 45 days as all the recommendations did not accompany any relief package for the citizens survival.
In response, Finance Minister, Hon. Mamburry Njie told lawmakers that the D500 million Dalasis announced by the Government is ready for disbursement for coronavirus treatment, however, the spending is not a free for all. He further explained that the Health Ministry had only spent D11 Million out of the D12 Million set aside earlier.
Minister of Health, Dr Ahmadou Lamin Samateh disclosed that he initially requested for a lockdown to control the Pandemic but after considering the resources needed, they decided against that decision.
Attorney General, Tambedu emphasised that the Government’s proposal is not to enforce a lockdown but to ensure restrictions and other measures to contain the pandemic. In his view, the regulations will protect the public from opportunistic retailers who want to exploit the price of basic commodities.
The session ended with a number of NAMs calling the Speaker to order as the 45 days extension was approved without a relief package. Even though a good number of NAMs were insistent that a relief package should have been passed together with the motion for a 45 days extension, the Speaker brought the sitting to an end.