By Binta Jaiteh
Debate is still on-going on the access to information bill 2019 at the National Assembly by the members, as Justice Minister appeared to respond to questions asked by members of the Assembly.
Justice Minister Dawda Jallow told lawmakers that the failures to provide information requested by the information holders is a separate issue those offenses are listed but this offense may likely commit by public officers.
“This are personal liabilities even if you are the head of the agency, you destroy information remember you have the intention to deny rights is access. You are not supposed to deny access to information but in a circumstance where you cannot give there are arrangements for that,” he said.
“You can have minimum and maximum to leave the court in between because is the court that is looking at the perpetrator and put it to consideration. Whether the person has regretted it or not and then can determine if he will be punished. It is convenient to say D1000 you are not giving the court any latitude to go beyond that amount that becomes the minimum price
“If this is a specific intend crime somebody who is found liable on this crime. Notwithstanding having intended and committing the crime, the person may regret it completely even during trial. If the court is convinced of the remorsefulness of the victim, the court will be reminded to be lenient to give the person a second time. If you put the punishment in such a way that it will not have any distraction whether is 50,000 or 1 million it means anyone found liable will pay to that penalty the court cannot do anything below that,” he added.
He explained that the custodian of this information are public servants if they are charged under this offense and convicted citing that even if you deemed the punishment to be light by the virtue of the conviction, adding they will lose their job because is a criminal conviction.
Some of them, depending on their status at work places, the fact is carrying a criminal conviction and losing your job that even is more serious than the fine on this clause. So, they have double punishment facing, he said.
Honorable Allagie Mbowe, National Assembly member for Upper Saloum also made significant points while Honorable Ousman Sillah, member also said there is need to reduce the fines on custodians because conviction alone is punishment as we all are trying to deter from hijacking information to be accessed.”
