By Yusef Taylor, @FlexDan_YT
http://go.culinaryinstitute.edu/how-to-block-spam-emails-on-apple-iphone/ https://pittsburghgreenstory.com/newyork/qmul-thesis-guidelines/15/ enter site maximor men natural viagra 4 thesis topics in architecture in india enter site source site cheap business plan writer service for university top resume writing services does cialis work for multiple occasions argumentative essay topic http://mcorchestra.org/209-best-resume-writing-services-2012/ https://creativephl.org/pills/viagra-online-no-precription/33/ https://sigma-instruments.com/natural-viagra-nz-17256/ custom writings review see how to write a interview essay source online editing service https://reprosource.com/hospital/rush-limbaugh-viagra-2006/72/ biology as coursework essay customer relationship marketing click here thesis sentence meaning http://www.naymz.com/resume-writing-service-is-it-worth-it/ https://heystamford.com/writing/homework-help-social-studies/8/ https://www.dimensionsdance.org/pack/3115-where-to-buy-cialis.html examples good ap history essays where is the best place to buy viagra online? https://scfcs.scf.edu/review/biodiversity-essay-writing/22/ cheap assignment editor service for college On Wednesday 10th June 2020, the Gambia Government’s Spokesperson, Ebrima Sankareh issued a press release declaring that “a state of public emergency continues to exist in the whole of The Gambia” … “for a period of twenty-one days”. The presser which he signed highlighted that “all the Emergency Regulations issued under the Emergency Powers Act shall continue to apply during the period of the state of public emergency”.
This Executive decision came five days after the President announced a relaxation of some of the Emergency Regulations, sending mixed signals to the Public. Last week a Facebook post from the Gambia’s official State House page read “following the easing of some of the Emergency Regulations by the government, the markets are open with strict guidelines to observe”.
By the evening of June 5th, President Barrow led an entourage to his home town, Mangkamang Kunda, drawing criticism from some who say the President used his Executive Powers to visit his home town and inaugurate his new building only to declare another 21-day State of Public Emergency (SoPE) after his return.
Is Spokesperson SoPE Declaration Constitutional?
Several concerns have been raised on the constitutionality of the Spokesperson declaring a SoPE instead of the President. Looking through the section on “declaration of the state of public emergency” in provision 34 of the 1997 Constitution shows that only the President can declare a SoPE.
1997 Constitution, 34 (1) “The President may, at any time, by Proclamation published in the Gazette, declare that – (a) a state of public emergency exists in the whole or any part of The Gambia; (b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.”
Coursing through the Constitution it can be observed that even Parliament cannot declare a SoPE, Parliament can only extend the SoPE declared by the President. This highlights the importance of the President’s decision to declare a SoPE as an important Presidential authority to be exercised exclusively by a democratically elected President.
It’s clear that the Constitution does not say the Spokesperson may declare a SoPE by issuing a press release, nor does it say the President may issue a press release. Provision 34 (1) demands two to be completed to declare a SoPE; a proclamation of the SoPE by the President published in the Gazette. If these two haven’t been done the constitutionality of the Spokesperson’s declaration of a fourth SoPE will be questioned and open to challenge.
Emergency Regulations tied to SoPE Declaration
The main reason for declaring a SoPE is to give the President the right to enforce the Emergency Powers Act during periods of war and national emergency. The Emergency Powers Act gives the Executive the authority to restrict the movement of people, impose curfews and other limitations which would be impossible outside a SoPE and that infringe on citizens fundamental human rights.
The first section of any Emergency Regulation identifies the duration which that Regulations is enforceable. Provision 1 (3) from the Emergency Regulations on Transportation highlights that it “shall subsist until the end of the Proclamation of a” SoPE issued on 26th March 2020. This highlights that any Emergency Regulation expires when its associated SoPE expires.
Difference between 3rd and 4th SoPE Declaration
The Executive’s authority to declare a SoPE and Parliaments authority to extend a SoPE is evidenced in the President’s declaration for a third SoPE which read “accordingly, I have also re-issued the emergency regulations that were in force before the state of public emergency expired. They include the regulations declared on 26th March 2020 and extended by the National Assembly on 3rd April 2020.”
Since the third SoPE concluded on 9th June 2020 the Emergency Regulations for that period also expired on the same day.
The Executive’s fourth SoPE declaration is quite different in that it seeks to “continue” and extend an expired Emergency Regulations. The press release read that “all the Emergency Regulations issued under the Emergency Powers Act shall continue to apply during the period of the state of public emergency”.
Since only the National Assembly can extend any SoPE and associated Emergency Regulations, it would be prudent for the President to follow the precedence set in the third SoPE declaration and simply re-issue a new set of regulations instead of attempting to extend an expired emergency regulation.