In contemporary Gambian society, as well as across various African nations, a notable challenge arises from the growing perception of civil disputes as criminal acts. This misinterpretation fosters an environment in which public institutions and media outlets are increasingly utilized to address personal grievances. Disputes such as those involving debts, landlord-tenant relations, failed business contracts, employment issues, or personal relationships are commonly misconceived by citizens, who often neglect the appropriate legal avenues for resolution.

This deficit in legal knowledge not only burdens law enforcement agencies but also congests the justice system, thereby exposing innocent individuals to public humiliation, damage to their reputation, and unjust treatment.

The functions of law enforcement are explicitly defined: their core responsibilities entail the prevention and investigation of crime, the maintenance of public order, and the safeguarding of lives and property. They are not tasked with roles such as debt collection, contract enforcement, marital counseling, rent recovery, or acting as mediators in personal disputes. 

Generally, failure to repay a loan is classified as a civil matter unless it can be demonstrated that criminal fraud has occurred. Disputes over contract breaches are to be resolved in the court system. Tenant-landlord conflicts are governed by tenancy laws and established legal procedures. Employment-related disagreements, such as those pertaining to wages, benefits, or wrongful termination, should be addressed through labor mechanisms and judicial proceedings. Similarly, disputes regarding land ownership necessitate judicial examination based on incontrovertible evidence and legal documentation.

Furthermore, issues related to personal relationships should not be conflated with criminal activity. An individual cannot be coerced into marriage based solely on financial support or payment of educational fees. The dissolution of a romantic partnership, regardless of its emotional toll, does not constitute a criminal offense, nor does emotional distress automatically invoke criminal liability.

Compounding the misuse of law enforcement is the troubling trend of individuals escalating private disputes directly to social media platforms, online discussions, radio broadcasts, television programs, and journalists prior to utilizing conventional legal channels.

Recent years have witnessed a rise in public accusations leveled against individuals via media appearances, Facebook live sessions, WhatsApp exchanges, online publications, and radio discussions. These accusations frequently pertain to private civil conflicts that have not undergone proper investigation, judicial scrutiny, or afforded the accused an opportunity to respond.

This trend poses significant risks for several reasons.

Firstly, it undermines the principle of natural justice, which is foundational in any democratic framework. Every individual possesses the right to a fair hearing before any judgment or condemnation is rendered against them. Public denunciation based on a singular narrative is unjust.

Secondly, broadcasting allegations prior to thorough investigation can inflict permanent harm on reputations, familial structures, businesses, and careers. Even when such claims are ultimately disproven, the collateral damage from public allegations typically persists.

Thirdly, media trials blur the lines between allegations and verified facts. Public sentiment can be swayed by emotional appeals, sympathy, popularity, or political loyalties, rather than by substantive evidence and procedural justice.

The media itself bears a critical responsibility in this context. Journalism is fundamental to democratic governance and serves as a societal watchdog. Yet, the practice of responsible journalism mandates fairness, balance, verification, and strict adherence to ethical standards. Journalists and media organizations must exercise prudence prior to disseminating accusations related to private matters, especially when only one perspective has been presented.

Professional journalism necessitates efforts to engage all involved parties, independently verify claims, and ensure balanced reporting. The public’s right to information must be weighed against an individual’s right to fairness and the preservation of reputation.

Media platforms should not replicate courtrooms where unverified allegations are treated as truth. Moreover, journalists ought not to become instruments in personal vendettas, familial disputes, business conflicts, political rivalries, or relational disagreements.

It is essential for society to advocate that individuals pursue justice through appropriate legal frameworks rather than engage in public shaming. The courts are designated to ascertain facts, lawyers to articulate legal arguments, judges to render impartial verdicts, and the media to disseminate information—not to supplant the judicial process.

To address these issues, an increase in legal education, heightened respect for due process, and a recommitment to ethical journalism are imperative. Citizens must recognize that not every disagreement constitutes a crime, nor should every grievance devolve into a public spectacle.

The efficacy of the rule of law is contingent upon the respect for institutional boundaries and the adherence to legally established processes by citizens. Law enforcement should concentrate on criminality. Courts should adjudicate civil disputes. Journalists must report with responsibility. And citizens should be informed of their rights and responsibilities.

A flourishing democracy is characterized by the resolution of justice founded on evidence and law, rather than succumbing to public pressure, social media influence, or one-sided narratives.

The Gambia warrants a society wherein disputes are addressed equitably, institutions operate with professionalism, and every citizen enjoys the protection of due process along with the presumption of innocence.

— Editorial Board, Jarra News Media

Leave a Reply

Your email address will not be published. Required fields are marked *