Date Printed: 01/14/2009
JTS Box Number: IFES 27
Tab Number: 10
Document Title: CONSTITUTIONS OF THE COUNTRIES OF THE WORLD: THE GAMBIA Document Date: 1991
Document Country: GAM
Document Language: ENG lFES ID: CON00055
II *I~ 6 456~II ~ II~~II~ D 4 II~II~I D D - C • CONSTITUTIONS OF THE· COUNTRIES 1 J OF THE WORLD
Editors ALBERT P. BLAUSTEIN & GISBERT H. FLANZ
• The GAMBIA by ALBERT P. BLAUSTEIN & STEVEN A. HOLT 1 ..I
• Issued October 1991 Oceana Publications, Inc. Dobbs Ferry, New York
i," • THE GAMBIA
No.1 OF 1970
Assented to in Her Majesty's name this Twenty-fourth day of April, 1970.
A.S.JACK, Acting Governor-General.
15 THE CONSTITUTION OF ERRATA Sect ion (1) (h) sub!>! it L:! " ror "('t:O.0.
S,·ction (2) I i ne~ II 6. I? move out t (> in line vith 2 of that 1'111 I'.'g'> 'Fl 1 i ne 2 after "all P' add "or ever' THE REPUBLIC OF THE GAMBIA and "roCt.",! i, 1"'I',e 15 S,~ction 17. I inc 6 5ublltilule "I for "p"r"f r I •• I I inc 5ubstitut.;o "I for "I'''r,)f 1'1,,' mnrr,inill note ;ldd "JIl'Hl?," "r'rCl< iden! .
Secti,.," 33 maq~inal nOle add ")/1987" "President" Section J3 (I) I inc I substitute "1 election" f"l ~lecti". Section 33 (1) (e) lint' after "as" ".I I in" after "elect i ,ldd "~o" I in<' substitute "1 for "of r" I inc 9 subst i t.ute "I for "orr" Sf'ction 33 (2) I joe substitute "I for "of r" f'.If:'· l6 Section )1 (I) line substitute "f for "of r" 8 1 inc 6 substitute "{ ior "ofr" :'t ion (6) (a) line 2 subst i tute "I., " for "hf'ufr ... " "( in" 1', lIlar~innl nOtc .:ldd "3/1982" I "President" S"ction )', (I) ! inc substitute "f, for "ofr" I'",,' ) , I inc SL:~stitutt' "f. ic.r "ofr"
Sect io~ 3\ C1,lrginai nOtc 1';:;1';" I • .:. Sect I'm '0 marginal note add "3/1982" t· "?resident" !'-'hr 1,"1 S('Ct ion rna rg i n.li note add "1/1971" b " "Secretaries" 16 17 No. I [ 1970. I' .II~" >., ,r , :) (d) fo," m.• rgin"] nOl.' ~j '" I '''" subrllilute the fullowinp. The Constitution of the Republic of The Gambia maq::,inal note: "3/l91l1 3/1982" . CHAPTER I - TIlE REPUBLIC Page Section r.I;]r .... inal note add "1/1973" below b" "bus i ness" " 1. D~r.l~ration of the RepUblic. P.I/-:e 59 Seci inn C'. (I, i I~ ) add marJ.',inal nOI ,. "1~/l979" 2. Publ ic Seal. Page 66 Sec I \ on ::'J:~:~l: :-::e : -' ~~ 1:: 21. Protection of freedom of conscience. : ~ :: . : ,,:: ::'iilq,,::-.lr.: ~.~'.t: 11. Protection of freedom of expression, "Sections "1 61(6), 64(J), 7"(2), 92, 99(9), 110(1). 1/1987" . 19 18 No. li970. No. I [1970. The ConslitutiOl; of the Republic of The Gambia The Constitution of the Republic of The Gambia 2 3 23. Protection of freedom of assembly and 40. S~IDry and allowances of President. association. 'I. Protection of President in respect of 24. Protection of freedom of movement. legAl proceedings during oUice. 2j. Protection from discrimination on the CHAPTER V - THE EXECUTIVE grounds of race. etc. 42. F.xecutlve power. 2 •. Derogations from fundamental rights aod freedom under emergency powers. 43. Establishment of offices and functions of Vice-President, Ministers and 27. Protection of persons under Parliamentary Secretaries. emergency laws. 44. Permanent Secretaries. 2B. Enforcement of protective provisions. 4S. Appointment of MinIsters and Parliamentary 29. Declaration of emergency. Secretaries. 30. Interpretation and savings. ,.. Tenure of office of Minister Parliamentary Secretary. CHAPTER. IV - 11IE PRES IDENT 47. Attorney-General. PART 1 48. Dlr('r.tor of Public Prosecutions. Office of President 49. Cabinet. 31. Office of President. '0. Collective responsibility. PART I I ,1. Oaths to be tairen by Ministers and The First President of The Gambia PArliamentary Secretaries. 32. First President ". Secretary to the Cabinet. PART III S). Constitution of and appointments of public oificeo. Election, Tenure and ConditIons of Office of the President ". Prerogative of mercy. 3J. President's qualifications. S>. Advisory Committee. 34. Election of President after dissolution CHAPTER VI - PARLIAMENT of ParI illlllent. PART I JS. Returning Orficer elections of Pres ident. " CompOSition of Parliament 3 •. Assumption aod tenure of office. ,.. Establishment of Parliament. 37. Removal of President 00 grounds of House of Representatives. incapacity. ". 'B. Qualifications for membership of House 3B. Removal of President fo, violation of of Representatives. Constitution 0' gross misconduct. >0. Disqualifications for memberShip of House 39. Vacancy in office of President. of Representatives. 20 21 .. No. U970. No. J The Constitutioll oj file Republic of The Gambia [ 1970. 4 The Constitution o/the Republic 0/ The Gambia 6U. Election of clccteJ memb~rs. 83. Regulation of procedure in House of 61. Constituency Boundaries Commission. Representatives, etc. 62. Constituencies. PART II I 63. Chief's rcprcscrtative members. Summoning, Prorogation and Dissolution 64. Supervisor of Elections. 84. Sessions of Parliament, etc. 65. Nominated members. as. Prorogation and dissolution of Parliament. 66. Tenure of seats of members of lIouse of 86. Representatives. Summoning meetings or ,h. House or Representatives. 67. Speaker. 87. General Elections. 68. Deputy Speaker. CflAPTER VI I - 11lE JUDlCA111RE 69. Clerk of the House of Representatives and his stafr. PART I 10. Decision of questions as to membership The Court of Appeal and the Supreme Court of House of Representatives. 88. Establishment of Court of Appeal. PART II 89. Establishment of Supreme Court, L~gislation of Procedu.re in ilouse of R\!presentnttves 90. AppOintment of Judges of the Court of Appeal and Supreme Court. 11. Legislative power of Parliament. 91. Tenure of office of Judges of the Court 12. Alternation of this Constitution. of Appeal and Supreme Court. 73. Titles of honou,_ etc. 92. Oaths to be taken by Judges of the Court of Appeal and Supreme Court. 14. ofiice of Chief. 93. Reference to Supreme Court in cases 11. O::th to be tat_en by member of House of involving interpretation of Constitution. Representatives. PART II J;. Presiding in the House of Representatives. Subordinate Courts and Courts-Hartial 11. Quorum in Heuse of Representatives. 94. Establishment of other Courts. Use of English in HQuse of Representatives. PART III \'oting ir. House of Representatives. Appeals Unqualified persor.s sittin,!!. cr \'oling. 9,. Appeals on Constitutional questions and 81. Restrictions Wilh rega rd '0 certain questions relating to fundamental rights. fin~r.ci~l me~sures. 9 •. Other Appeals from Supr~e Court and 82. President's rir,ht to attcnd and to address Court of Appeal. Housc of Repre5enlatives. 91. Appeals from subordinate courts and courts martial. 22 23 [ 1970. 1I970. '. I The Constitution oflhe Republic o/The Gambia NO_._'~1~n~e~C~o~nS~I~it~U~lj~On~of~lh:e~R::ep~U:b=/:jC~o:if~T~h~e_G_a_m__ b,_·a ______ CHAPTER X _ TRANSITIONAL PROVISIONS 98. Supplementary. inscrUUlents. Repeal of constitutiOnal PART IV 118. Judicial Service Commission 119. Existing laws. 99. Judicial Service Commission. 120. Existing officers. IQO. Appointment, etc., of Judicial officers. 121. parliament. Miscellaneous transactional provisions. 122 . CHAPTER VIII - FINANCE decisions Appeals in respect of. certain 101. Restriction on laxation. 123. aftecting pensions beneftts. fad 1 itate 102. Consol ida ted Revenue Fund. C III ulsory retirements to 124. a~p~intment of local candidates. 103. Withdrawals from Consolidated Revenue Fund or other public funds. relat.ing to func- Transitional provisions public service 125 . existing 10L. . Authorisation of expenditure frOll!: tions of Consolidated Revenue Fund by appropriation. authorities. 10'L Authorisation of expenditure in advance 126. Legal proceedings. of appropriation. Appeals to the Judicial Committee. 127, Crown. 106. Contingencies rund. Prerogatives and privileges of the 128. 107. Remuneration for certain officers. Rights. liabilities and obligatiOns. 129. 108. Public debt. 130. Public Seal. 109. Director of Audit. CHAPTER II - MISCELLANEOUS CHAPTER IX - TIlE PUBLIC SERVICE 131. Resignation. 110. Public Service Cocnmission. concurrent 132. Re_appointments and Ill. Appoinlmenl, etc., of public oflie!.!ls. ments. 112, [Jireetor of Audit. 133. Interpretation, Short title and CQIDIDenCement. It 3. Principal l'cple:.cntollivcs of The C,lInbia 134, abroad. n d take provisions for til.. Permanent Secretaries. Secretary to the AN ACT to. est.abli9,h 'h R 0 ~bliC of The Gambia. Cabinet and Establishment Secretary. the ConstItutIon ate ep Date of cOllllllenCelllenl. 24th April. 1970. Ii). Pulice force. Enactlllent. ENACTED by The Parliament of The Gambia lit. .•'ensions I" ..'s and protection of pensions rights. Chapter I 117. Power to withhold pensions, etc. Declaration THE REPUBLIC of th~ Ct~PTER X - TRANSITIONAL PROVISIONS Republic. The G"mbia is a Sovereign RepubliC. \. sha 11 be such publiC Seal. 2. The public Seal of t.he Rep,;,blic device as Parliament. shall prescribe. 24 25 £ No, [1970. TII(' COI1,\'rifllfiol1 0/111(' ReplIhlic o/Tlte Gambia No. I [ 1970. The COllstitution of the Republic of The Gambia 9 Chapter II an application under this subsection, but an applica tion may be made on his behalf by his parent or CITIZENSHIP guardian. "", 50n~ .,h.., 3. (I) Every p£'r!lon" who, having been born in I.e, 0"", ~ L' L The G,Lmbia, is on l71h february, 1965 a Citizen (2) Any woman who, on 17th February 1965, H'"S on 18th ur the United Kingdom and Colonies or a British has been married to a person _ prOlect~d person shall become a citizen of The Gnmbia on 18th february, 1965: (.) who becomes a citizen of The Gambia by Provided that a person shall not become 8 virtue of section 3 of this Constitution; citizen of The Gambia by virture of this subsection 0' if - neither of his parents (b) who, having died before 18th february nor any of his 1965, would, but grandparents was born in The Gambia; for his death, have 0' becOllle 8 citizen of The Cambia by virtue of that section II .. nd Il (b) neither of his parents was naturalized eRn,b,I" \" in The Cambia as a British subject under but whose IIUIrriAge has been terminated by death the Brilish Nationality Act. 1948, or or dissolution before 18th February 1965 shall before that Act came into force. be entitled, upon making application in such man~er ss May be prescribed by or under an Act of Parlta ment, to be regl~tered as a citizen of The Gambia. ; (2) Every person who, On 17th February, 1965, , a citizen of the United KingdomandColonies_ (3) Any wOUlan who, on 17th February 1965, (,) having become such citizen under has been married to a person who becOines, or would British • the but for his death have beCOMe, entitled to be regis Nationality Act 1948 by virtue of hi s having been natural ised ;n tered as a citizen of The Gambia under subsection Gambia Th. (I) of this section but whose marriage has been British subject before that Act came" into• force; terminated by death or dissolution before 18th 0' February 1965 or is so terminated on or after that (b) having become such a citizen by virtue date but before 18th February 1967 and before that of his haVing been naturalised or person exercises his right to be registered as registered in The Gambia under that Act, a citizen of The Gambia under subsection (I) of sha II become a cit i zen of The Gambia this section, shall be entitled, upon making an on 18th February 1965. application before the specified date in such man~er as may be prescribed by or under an Act of Parlia 0) Every person who, having been born outside ment, to be registered as a citizen of The Gambia. The Gambia. is on 17th February 1965 a cithen of the Unit.ed Kingdom and Colonies or a British (4) In this section "the specified date" protected person, shall, if his father becOines, lIleans - or would but for his death have become 8 citizen (If The C<1l::bia by virtue of subsection (I) or sub (.) in relation to a person to whom subsection section (2) of this section, become a citizen of (1) uf thi!! section refers, 18th February The Gambia on 18th February 1965. 1967; and 1,. (I) ALlY person who, but for the proviso to (b) in r('lation to a woman to whom subsection l'r" iL .,'" 10 sUI'Seclion (l} of section J of this Constitution, (3) or this section refers, 18th February h" r"r,iH,:r.,y subSection shall be entitled, upon making application two years cOlll!ll.enclng with the termination '";, t"" ('[ co,, before the specified date in such manner as may of her marriage (whichever is the later), 'wet iun wi,h be prescribed by or under an Act of Parliament, II". r.,~,.,bi,l to be re~istered as a Citizen of The Gambia: 01" such later date as may in any particular case la"ln,"" I III It be prescribed by or under an Act or Parliament. I'ruvided th.lt i! person who has not attained 19b~. t h~ ap.e of twenty-one yeilrs 5. Every person born in The Gambia arter 17th Pe~sons bo, tJho (other than a woman is or has been :narried) may not himself mske February 1965 shall become a citizen of The Gambia in The C .. ml, at the date of his birth; afte~ I1Ll, r"b~ua~y l'l 26 27 ..( ... ,ot-- [1970. No. No. J [ 1970. The ConstitutioJ1 ufthe Republic a/The Gambia 10 The Constitution ofthe Republic of The Gambia II Provided that a person shall not become a of Representatives. citizen of The Gambia by virtue of this section if at the time of his birth - 9 •. (I) Parliament may malee provision for the Powen of acquisition of citizenship of The Gambia by persons Parl1SlIK"nt. neither of his parents is a citizen of who are not eligible or who are no longer eligible The Gambia and his father possesses such to become citizens of The Gambia under the provisions ioununity from suit and legal process of this Chapter. as is accorded to the envoy of a foreign sovereign power acccedited to The Gambia: (2) Pari lament may make provision authorising or the Minister to deprive of his Citizenship of The Gambia any person who is a citizen of The Gambia (b) his father is a citizen of a country otherwise than by virtue of section 3, section with which The Gambia is at war and the 5 or section 6 of this Constitution. birth occurs in a place then under occupa tion by that country. (3) Pari iament may make provision for the renunciation by any person of his citizenship of Personl born 6. A person born outside The Gambia after 17th The Gambia. outside The february 1965 shall become a citizen of The Gambia C... bla after at the date of his birth if, at that date, his 10. (1) If the Minister is satisfied that any Deprivation 17th r"brU;]fY father is a citizen of The Gambia otherwise than citizen of The Gambia has at any time after 17th of citizen,,1 l?bS. by virtue of this section or section 3(3) of this February 1965 acquired by registcation, nsturalisa on acquisi· Constitution. tion or other voluntary and formal act (other than tion Or ~x<', msrriage) the citizenship of any country other o;:h~ of rllo':l Harriage to 7. Any woman who is married to a citizen of The t.han The Gambia, the Minist.er may by order deprive of oth.n cit cltl'Zc'n of Thl! Gambia or who has been married to a man who was, that person of his cit.izenship. zen,hip. Gambia. during the subsistence of t.he marriage, a citizen of The Gambia shall be entitled, upon making applica (2) If the Minister is satisfied that any t i on in such manner as may be prescr i bed by or citizen of The Gambia has at any time after 17th under an Act or Parliament, to be registered as February 1965 voluntarily claimed and exercised a citizen of The Gambia. in a country other The Gambia any rights available to him under the law of that country, being rights Co",,"on- 8. (1) Every person who, under this Constitution accorded exclusively to its citizens, the Minister "".,,,Ith citi:.. n or any Act. of Parliament., is a citizen of The Gambia may by order deprive that person of his citizenship. ship. or who, under any enactment for the time. being in force in any country to which t.his sectIon ap 11. (1) Be fore any order is made under sect ion Proc~dttr('" f' plies, is a citizen of t.hat country shall, by virtue 10 of this Constitution or under a law made in of that citizenship, cave the status of a Common depriv. .H Ion pursuance of section 9(2) of this Constitution of ci{ iz"n~1 IJeallh citizen. depriving a !'eninn o( his citizenship of The Gambia, the Minister shall give that person notice in writing (2)· .Every person who is a British subject informing him of the ground on which the order ·\;ithout citizenship under the British Nationality is proposed to be made and of his right to have Act 1948 or who continues to be a British subject his case referred to a committee of enquiry. under se~tion 2 of that Act, shall, by virtue of that status, have the status of a Commonwealth (2) If any person to whom notice is given c i ti zen. applies to have his case referred to a committee of enqUiry the Minister shall, and in any other (3) The countries to whi~h this section applies ca~e the Minister may, refer the case to a committee arc ~he United Kingdcm and Colonies, Canada, of enqUiry which he shall appoint for that purpose Australia, New Zealand, India, Pakistan, Ceylon, and which r:hall consist of a chairman who shall Chana, Malaysia, r.Jj~eria, The Republic of Cyprus, be selected by the Chief Justice {rom among persons Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago, who are entilled to practise as a barrister or Uganda, Kenya, Hstald, Halta, Zambia, Singapore, a solicitor in The Gambia and two other members Guyana, Botswana, Lesotho, Barbados, Mauri t ius who shall be selected by the Minister. and Swaziland. (3) Where any case is referred to a committee (4) Subsection (3) of this section mav from under this section, the committee shall hold an time to time be ammended by resolution of the House enquiry in such manner as the Minister may direct 28 29 No. No. I [ 1970. [1970. The Constitution oJthe Republic oj The Gambia " The Constitutiol1 (11111(' Repuhlic of The Gambia 13 .lOd submit its report to the Minister; and t.he (e) protection fOf the privacy of his home Minif't •.-r ~.h:llt hnve rC/!,ilru to the report in detcnnin and other property and from deprivation inr, .... 11<·thcr to mllkc the order but shall not be of property without compensation, obi i)\"d to act in [)ccord;mce with any recommendation conl;.!incd in t.he rcport. the provisions of. this Chapter shall hllve effect for the purpose of affording protection to those 12. (\) In this Chapter - ri~hts and freedoms subject. to such limitations Jnl"q'r,,' of that protection as are contained in those provi tJt ion "Sr i t i sh protected person" means a person sions. being 1 lllli tat ions designed to ensure thlll who is a British protected person for the the enjoyment of the said rights and freedoms by purposes of the British Nationality Act 1948; any person does not prejudice the rights and freedoms ood of others or the public interest. "the Minister" means the Minister who is 14. (1) No person ~hall be deprived of his life PTol .... , I for the time being responsible for matters intentionally save In execution of the sentence Tight ,,' relating to citizenship of The Gambia. of 8 court in respect of a criminal offence under the law of The Gambia of which he has been convicted. (2) For the purposes of this Chapter, a person (2) Without prejudice to any I iability for !lOrn aboard il registel'ed ship or aircraft, or aboard (d) in order to prevent the commi~sion by Chapter /II that person of a criminal oifence, if he dies as the result of a lawful act of PROTECTION OF FUNDAMENTAL RIGHTS war. AND FREEDOMS IS. (1) No person shall be deprIved of hi~ personal r, nt •· .. t r·'''''.,,,,,,n'.l I 13. Wh~rl'af' every person in The Gambia is entitled liberty save as may be authorized by law in any of r 'j'h , :):1" S ,In'; to tht.! fUl'1dJmental rights and freedoms, that is of the following cases, that is to say:- pt·T1W".l , r (>('Ubjccl to respect for the rights and freedoms of a court, whether established for The of 0~h<:rs and for the public interest, to each Gambia or some other country. in respect ,11ld .11 I of the follOWing. namely _ of a criminal offence of which he has been convicted; (:1) life, liberty, security of the person and the protection of the law; (b) in execut ion of the order of the Supreme Court or the Court of Appeal punishing (h) freedom of conscience, of expression hiM for contempt of that court or of and of assembly anci association; and 30 31 "', [ 1970. No. [1970. No. I The Constitution of the Republic of The Gambia 14 The Constitution o/the Republic of The Gambia " another court or tribunal; ht. pr •• ence would otherwil. be unlawful. or detllined (c) in execution of the order of a court (2) Any penon who h arrested lIIade to secure the fulfilment of any ahall be inforllled a. loon 8S realonabl, puclicable, the rea.on. obligation imposed on him by law; In II language th~t he understanda. of for hi_ arreat or detention. (d) for the purpose of bringing him before a court in execution of the order of (3) Any perlon who ta arreated or detained - 8 court; (0) for the purpose of brinrtng him before (.) upon reasonable suspicion of his having • court in execution 0 the order of cOllllllitted, or being about to CCJallllit, a court: or a criminal offence under t.he law of The Cambia; (b) upon raasonable luspic{on of hh having committed, or betng about to coacit, (0 under the order of a court or wi th the • criminal offence under the law of The consent of his parent or guardian, for Cambts: his education or welfare during any period ending not later than the date when he and who ts not rele.sed, shall be brought withoUl attains the age of eighteen years; undue delay before a court. (0) for the purpose of preventing the spread (4) Where any person fa brought before a of an infectious or contagious disease: court in a.acution of the order of a court in any proceedings or upon suspicion of hts having committed (h) in the case of a lerson who is, or ia or being about to commit an offence, he IIhllll not reasonably suspecte to be, of unsound be thereafter further held in custody In connection mind, addicted to drugs or alcohol, or with those proceeding. or that offence save upon a vagrant, for the purpose of his care the order of a court. or treatment or the protection of the community; (5) If any peraon arrested or detained as mentionad in .ubeection O)(b) of this section (j) for the furpose of preventing the unlawful is not triad withtn a reasonable time, then, without entry a that person into The Cambia, prejudice to any further proceedings that may be or for the purpose of effecting the expul brought agaln.t him, he shall be released either sion, extradition or other lawful removal unconditionally or upon reasonable con"ditions, of that person from The Cambia or for Including in particular such conditions as are the purpose of restricting that person reasonably neces.ary to ensure that he appears while he is being conveyed through The at a later data for trial or for proceedings prelimi Cambia in the course of his extradition nary to trial. or removal as a convicted prisoner from one country to another; or (6) Any person who is unlawfully arruted or detained by any other person shall be entitled (j) to such extent as may be necessary in to compensation therefor from that other person the execution of a lawful order requiring or from any other person or authority on whose that person to remain within a specified behalf that other person was acting. area within The Cambia, or prohibiting him from being within such an area, or 16. (1) No peuon shall be held in slavery or Prot"c:t ' 33 32 No. [1910. Tl:l' COl1stitutioll (lftltt' RepuhiiL' (~r The Gambia . not a . rt of the oril!inal text, i... hcing inserted at Ill' {Editor'lI Note: A h~ank .page:. ~h. h rt of the official Gambian print in I' int so that the margmal tnSCnplrons, W Ie are pa :11 ~ntinue 10 fall in their appropriale places on Ihe outside of each page.) (b) labour required of uny person while he is lawluliy detained that, 'hough not r.!quired in consequence of the sentence or ord"'1" of " court., is reasonahly neces l;ary in th\! intl'reSts of hygiene or for the m,lintenilnce of the place i1t which he is detained; (c) ony labour required of a member of a disciplined force in pursuance of his duties BS such or, in the case of a person who has conscientious objections to service as a member of a naval, lJIilitary or air force. any labour that that person is required by law to perform in place of such service; (d) any labour required during any period of public elJlergency or in the event of any other elJlergency or calaai ty that threatens the life Bnd well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the cirCWIIStances of any situation arising or existing during that period or as a reSult of that other emergency or calamity, for the purpose of dealing with that Situation: or (e) any labour reasonably required as part of reasonable and normal corrununal or other civic obligations. ""'I"L:"", '1-"..- In- 17. (!) No perSon shall be subjected to tortur" or inhumiln or degrading pwnishment or ether treat 1''',,",1;> ment. ~ Te.H",<'n!. (2) Not h i nr, con til i ned in or done under the duthority of any law shall be held to be inconsistent With or in contravention of this section to the extent that the law in question authorises the 34 35 uno. No. I [ t9,(J No. The Constitution of the Republic of The Ga",ha The Constitution olthe Republic o/The Gambia " 18 (iv) in the executiqn of judgments or infliction ot any description of "l..';i·::l~~l"lt "~'''t. was lawful in The Cambia on 23rd April. :';,,}. orders of a court in proceedings for the delermination of civi I rights or oblip,ations; Protection 18. ( 1) No property of any descril'tit;.r. ~ha:' ! frOlll depri- b, ta1r:en possession of compulsorily ar"l no .. ight vat10n of over interest (v) in circumstances where it is reason 0' In 8~y such propert~· shall b, ably necessary so to do because property. acquired compulsorily ,n any part of n.,," Gambia except by under th, the property is in a dangerous 0' provisions of • lao .hat - state or injurious to the health of human beings, animals or plants: (a) requires the payment of adequate cOtDl-'ensa tion therefor; and (vi) in consequence of any law with respect to the limitation of actions: 0' (b) gives to any person claiming such comoenaa tion a right of access, for the determina tion of his interest in the property (vi 1) for so long only as may be necessary and the amount of compensation, to the for the purposes of any examination, Supreme Court, investigation, trial Of inquiry or, in the case of land, fOf the purposes of the carrying out thereon of work of soil conserv (b) to the extent that tr.e law in quefi.t ion (ii) by way of penalty for breach of makes provision for the tal in,!'. of POSS'!'; the law, whether under civil process sion or acquisition of any of the foIJo'oinf'. or after conviction of a criminal property (including an interest in or offence under the law of The Gambia: a ri~ht over property) that is to say:- (iii) as an incident of a lease, tenancy, (i) enemy property; mortgage, charge, bill of sale, pledge or contract; 36 37 [197fl No. I [ 1970. No. 20 The Constitution of Ihe Republic of The Gambia The Constitution of the Republic of The Gambia 19 I •. (I) EKcept with his owo consent, 00 person Protecti,,, (i i) property of a deceased person, sha II be subjected search of his person .1g<1i~H a person of unsound mind or a person '0 'he 0' hi s property 0' ,h. entry by others 00 hi s (a) that is reasonably required in the (i i i) property of a person adjudged bank interests of defence, public safety, rupt or a body corporate in liquida- public order. public Illorality, public tion, for the purpose of its health, town and country planning, the administration for the benefit development and utilisation of miner(ll of the creditors of the bankrupt resources, or the development or or body corporate and, subject utilisation of any property for a purpose thereto, for the benefit of other beneficial to the cOl!ll!lunity; persons entitled to the beneficial interest in the property; or (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; (d that authorises ao officer 0' agent of (iv) property subject to a trust [or ,h. Government of Th. Gambia, a local the purpose of vesting the property ~overnment authority 0' • hody corporate in persons appointed ns trustees established by law fo, publ ic purposes under the instrument creating the '0 enter 00 the premises of .ny person trust or by a court or, by order io order '0 inspect those premises 0' of a court, for the purpose of anything thereon fo, ,h. purpose of aoy giving effect to the trust. tax, rate 0' do. 0' in order '0 carry 00' work connected with any property that i, lawfully 00 those premises and tha t belongs '0 that Government, authority (3) Nothing contained in or done t.:nder the 0' body corporate, a< ,h. case may be; authority of any Act of Parliament shall be held 0' to be inconsistent with or in contravention of this secti?n. to the extent that the Act in question (d) that author i ses, fo' ,h. purpose of en for- make!' provIsion for the compulsory taking of posses cin~ che j~Jd!',"ment DC order "r a court ssion of .any property, or the compulsory acquisition io any civil proceed i ngs, the senrch of any Interest. in or right over property, where of any person 0' property by order of premises by that pr?perty, I~tercst or right is held by a body a court 0' entry upon aoy <70rpor.ate established by laH for public purposes such order, In which no moneys have been invested other than moneys provided by i'ariinment. ::tnd ('xc .... pt so fnr ns that provision or, as the case may be, anything done under the ,Iuthority thereof is shown not to be reasonably justiCiable in a democratic society. (~) rhe provisions ()f this section !'hall 20. (1) If any person is charged with a crimin(ll apply In relation to the compulsory taking of poss .... s I'nwi5i"n~ offence, then, unless the charge is withdrawn, lO seC"l ,. sion of property of any description and the compul the case shilll he nfforded a fair hearing within sory acqui<;ition uf rights over and interests in protect in" reasonable time by an independent and impartial of !.~,".. such property by or on behalf of the RepUblic. court establ ished by law. (2) Every person who is charged with a criminal offence - 38 39 No.1 No. [197U. [ 1970. The Constitution o/the Republic 0/ The Gambia 21 The Conslillllioll of the Republic uf The Gambia 21 (a) (~) No person who shows thiH. h.e has bee~ shall be presumed to be innocent until (rit'd l>y .J ';":"!I'l'tell t court f.).r a l-rlllllll.d of,fence he is proved or has pleaded guilty; :H1d either convicted or acquitted shall aga!". be (b) tried for that oHence or for any other .c r II!! Ina I shall be informed 8S soon a. reasonably ~f nee of which he could h;tve been convlcted at practicable. in a language that he under ~hcc trial for that offence, save upon the .order stands and in det.ail, of the nature of of a superior court in lhe coufhlie of ~pp7al ~~ the offence charged; review proceedings relating to t e conVICllon acquittal. (e) shall be given adequate time and facilities for the preparation of his defence; (6) 1\,) person shall be tried for a criminal (d) offence if he shows that. he has been pardoned for shall be permitted to defend himself that offence. before the court in person or. at his own expense. by a legal representative (7) 1'>0 person who is tried for a criminal of his own choice; off ~'nct: sh ..1f I be cornpe lied to give evidence at t.he trial. (e) shall be afforded faCilities to examine in person or by his legal representntive (f!) An}' court or other adjudicating authority the witnesses called by the prosecution 'rcscribed hv law for the determination of ~he before the court. and to obtain the attend ~xi~tence or 'extent of any civil right or .obligatlon ance and carry out the examination of shall b., eSlablished by law and shall be Independent witnesses to testify 'on his behalf before and impart.ial; and .... here proceedings for such a the court on the same conditions as those detcr~ination are instituted by any perso~ before applying to wi tnesses called by the prose such a coer! or other adjudica.ting .au~hol"lty. the cution; and ClIS.;> sh;lll he j!;iven II fair hellrlng .... Ithln a reason ~blc lime. Cf) shall be permitted to have wit.hout. payment the assistance of an interpreter if he (9) Except with t.he agreement of all . the cannot. understand t.he language used at P 41 40 [1971 No. I [ 1970. No. 1', The Constitution of the Republic of The Gambia The Constitution ofth' Republic of The Gambia 2J (2) Except with his own consent (or, if (11) Nothing contained in or done under the he is a minor, the consent of his guardian) no authority of any law shall be held to be inconsislent perSOn nttending any place of education shall be with or in contravention of • required to receive religious instruction or to take part in or attend any rei {gious ceremony or (a) subsection (2)(8) of this section to observance if that instruction, ceremony or the extent that the law in question imposes observance relutes to a reI igion other than upon any person char~ed with a criminal his own. offence the burden of proving particular facts; (3) Every religious cOllllllunity shall be entit led, at its own expense. to establish and maintain (b) subsection (2)(d) of this section to places of education and to manage any place of t~e extent that the law in question prohl_ education which it wholly maintains; and no such blts legal representatIon in proceedings community shall be prevented from providing religious b efor~ a court, by whatever name called instruction for persons of that community in the administering customary law or before course of any education provided at any places another court on appeal from such a court; of education which it wholly maintains or in the cour~e of any education which it otherwise provides. (c) subsection (2) (e) of this section to the extent that the law in question imposes (4) No person shall be compelled to take reasonable conditions that must be satis· any oath lIhich is contrary to his religion or belief ~ied if witnesses called to testify on or to take any oath in a manner whiCH is contrary ehalf of an accused person are to be to his religion or belief. ~;id their expenses out of public funds; (S) Nothing contained in or done under the authority of any Jaw shall be held to be inconsistent (d) subsection 0) of this section to the with or in contravention of this section to the e)Ctent that the law in queation authorises extent that the law in question makes provision a court to try a member of a diSCiplined which is reasonably required - ~orce for a crIminal offence notvlthstand safety, Ing any trial and conviction or acquittal (.) in the interests of defence, public of that member under the dJscipl inary public order, public morality or publ i C I aW of tha t force, so, however. thi.! t health; or any .co~rt s~ trying such a member and convictIng .hlm shall in sentencing him (b) for the purpose of protecting the rights to .any pun18hment take into account any and freedoms of other persons, including punIshment avarded him under that discipli the right to observe and practise any nary law. religion,without the unsolfc:lled interven· tion of members of any other rel!gion, i I (12) In the case of any person vho is heJd (~) awful detention the prOVisions of subsection and except so far as that provision or, as the , pa.ragraphs (d) and (e) of subsection (2) and case may be, the thing done under the authority ~ubsectlo~ (3) of this section shall not a I thereor is shown not to be reasonably justifiable In relation to his trial for a criminal Off~~c~ in 8 democratic society. undlder. the Ihaw regu.lating the discipline of persons he In suc detention. (6) References in this section to a religion shall be construed as including references to a . (~3) In this section "criminal offence" means religious denOl:lination. and cognate expressions a criminal offence under the law of The Cambia. shall be construed accordingly. Protection of Protedion of 21. (1) E~cept with his own consent, no 22. (1) Except vith his own consent, no person shall be hindered in the enjoyment of his freedom fuedom of freedo. of l=hall be hindered in the enjoyment of his f~:~~: express ton. conac tence. o~ con,science. including freedom of thought and of expression, including freedom to hold opinions o re igion, freedom to change his religion or without interference, freedom to receive ideas beli hfef and h freedom, eith."• a I one or in cOt!lmuni ty and information without interference, freedom to v t ot era, and both in publJc and In private .:OIllII1unicate ideas and information without interfer· ~o fIIanih~est and propagate his rei igion or bel ieC n wors 1P, teaching, practice and observance. 42 43 No. (1970. [ 1970. No. J n The Constitlifiun <~r lhl' Repuhhc (~r Tht GamMa The Constitulion o/Ille Republic 0/ The Gambia " done uIHkr tho.> (b) t.hat. is reasonably required for the purpose (?) Nothinr, contained in or done under h of protecting the reputations, rights a~t:'Il:·llY .of Hny 1:11; shall be held to be inconsist~n~ and freedoms of other persons or the l'lt 1 O! In ~~ontr;J'~cnr.ion of this section to th private lives of persons concerned in o.>n'-'~II ~I'at the !a\~ in question lII.lkes provision _ e legal proceedings, preventing the disclo sure of informotion received in confidence, for the imposition of· restrictions on maintaining the authority and independence ~he . movement or residence within The of the courts or regulating the technical t;~rnhl;l of any person or on any person's administration or the technical operation ~I~~t to ~eoJve. The Cambia that are reason of telephony, telegraphy, posts. wirelss ilIJ.)'. requl rec In th~ interests of defence broadcasting or television; or puhllc safety or public order; , (c) that imposes rest.rictions upon publ ic fol' th... iMposition of restrict.ions on officers, and except so far as that provi the. muve!:lcnt or residence within Th sion or, as the case may be, the thing Gambia or on the right to leave The Cambi: done under t.he authority thereof is shovn uf perso:-'\!; ~enerally or any class of not to be reasonably justifiable in a pers~ms in the interests of defence democratic society. ~ubl'c safet~, p.ublic order, public moral: Ity or publIC nealth and except so far 23. (1) Except with his own consent, no person Protection of shall be hindered in' the enjoyment of his freedom b:. t~~! r~~~~Si:~ne or~nd:: :~: ~~:~or~~; freedOD of of assembly and associat.ion, that ia to say, hia thereof is shown not to be reasonably ...elllbly and right to assemble freely and associate with other ;us(,ifi;Jhl .... in a denl)cr 45 44 • ~).' " ...... ,~ '"~~ '>' ~ / ~ ~' . .. '!;:. . . No. J [ 1970. The Constilutioll of the Republic of The Gambia No. I [1970. 27 The Constitlltion of tire Republic of The Gambia " (e) for the impOsition of restrictions on the acquisition or use by any person Dla~e any provIsion that is discriminatory eicher of land or other property in The Gambia; of itself or in its ef[ect. (f) for the imposition of restrictions upon (2) Subject to the previsions of subsections On th.. the movement or residence wi thin The (6) (7) and (8) of this seccion, no pe['son shall grounds o( Gambia or on the right to leave The Gambia be ~reatC'd in a discriminatory manner by any person rac;~ Ct.) If any person whose freedom of movement (b) with respect to persons who are not citi has been restricted by virtue of such a provision zens of The Gambia; as is referred to in subsection (3)(u) of this section so requests at any time durin~ the period for the application,in che case of persons of that restriction not earlier than three months of any such description as is mentioned after the order was made or three months after in subsection (3) of this section (or he last made such a request, as the case may be, of persons connected with such pers0'.ls), his case shall be reviewed by an independent and of the law with respect to adoption, impartial tribunal presided over by a person marrioge, divorce, burial, devolution appointed by the Chief Justice from among persons of property on death or other like matters who are entitled to practice as a barrister or which is the personal law of persons a soliCitor in The Gambia. of that description; (5) On any review by a tribunal in pursuance (d) ror the app) fcacion of customary law of subsection (t.) of this section of the case of with respect to any matter in the case any person whose freedom of movement has been re of persons who, under that law, are subject stricted, the tribunal may make recomrnendiltions to that law; or concerning the necessity or expediency of the con tinuation of that restriction to the authority (c) whereby persons of any such description by whom it was ordered: as is mentioned in subsection (3) of this section may be subjected to any Provided that authority, unless it is otherwise disability or restriction or may be !C provided by law, shall not be obliged to act in corded any privi lege or advantage wh~ch accordance with any such recommendations. having regard to its nature and co speCial Prot .. ction circUClstances pertaining to those persc;>ns from dr. (I) Subject to the provisions of subsections or to persons of any other such descnp ".(t.l. 0) and (7) of this section, no law shilll tion. is reasonably justifiable in a criminal ion democratic society. 46 47 ( [1970. [ 1970. No. No. I The Co"slitl/lio" oflhe Republic of The Gambia The Constitulion of the Republic of The Gambia 2. JO (a) he ~hall. as soon as reasonably practicable and in any case not more than seven days (5) Nothing contained in any law ahall be aft("r the commencement of his detention held to be inconsistent with or in contravention I! .... furnished with a statement in writin~ of subsection (1) of this section to the extent ~n il ~anguar,c that he understands specify that it makes provision with respect to standards In~ In detail the grounds upon which or qualifications (not being standards or qualifica he is det.ained; tions specifically relating to race. tribe, place of origin, political opinions. colour or creed) (b) not more than fourteen days after the to be required of any person who ts appointed to commenc~ment of his det.entlon a notifica or to act in any office in the public service. tion shall be published in 't.he Official any office in a disciplined force, any office in Gazet.te st.ating that he has been detained the service of a local government authority or and giving particulars of the provision any office in a body corporate established by law of law under which his detention is for publiC purposes. authorised; (6) Subsection (2) of this section shall (c) not more than one month after the commence not apply to snything which is expcessly or by ment of his detention and thereafter necessary implication authorised to be done by during his detention at intervals of any such provision of law as is referred to in r.ot more than six months, his case shall subsection (4) or subsection (~) of this section. be reviewed by an independent and ilnpartial tribunal established by law and presided (7) NothinS contained in or done under the over by a person appointed by the Chief authority of any law shall be held to be inconsistent Justice from among persons who are entitled with or in contravention of. this section to the to practice as a barrister or a solicitor extent that the law in question makes provision in The Gambia; whereby persona of any such description as is men tioned in subsection (3) of this section may be (d) he shull be afforded reasonable facilities subjected to any restriction on the rights and to consult a legal representative of freedoms guaranteed by sections 19. 21. 22, 23 his own choice who shall be permitted and 24 of this Constitution being such a restriction to make representations to the tribunal as is authorised by section 19(2). section 2l(~), appointed for the review of che case section 22(2). section 23(2) or paragraph (a) or of the detained person; and paragraph (b) of section 24(3). 88 the case may be. ( .... ) at the hearing of his case by the tribunal 3ppointed for the review of his case . (8) Nothing in subsection (2) of this section he shall be permitted to appear in person shall affect any discretion relating to the institu or by a legal representative of his own tion, conduct or discontinuance of civil or criminal choi-:e. proceedings in any court that is vested in any person by or under this Constitution or any other (2) On .flny review by a tribunal in pursuance law. of tid!;. ~'.·CLlon of tbe caSl' o[ '!- .detained pcr~on, th\.' trllH"llal may make recommendfltions concerning Derogation. 26. Nothing contalned In or done under the autho t~\.' nece~sity or expediency of continuing his deten frQIII fund, rity of an Act of Parliament shall be held to be t.on to. th~ authority by which it was ordered but ment.l right. inconsistent with or in contravention of section u~less It IS otherwise provided by law, that autho~ and freedom 1~ or section 2~ of this Constitution to the extent r~ty sl~,Jll not be obliged to act in accordance under emer that the Act authorises the taking during any period \~l~h fin>' such fec0m!nendations. gency PO""u. of publ ic emergency of measures that are reasonably justifiable for dealing with the situation that (1) t\othing cont 48 49 No. I [ 1970. No. I [1970. The Constitution o/the Republic 0/ The Gambia 31 32 The Constitution o/the Republic o/The Gambia case of a person who is detained, if any other desirable for t.he purpose of enabling t.hat court. person alleges such a contravention in relation more effectively to eXercise the jurisdict.ion confer- to the detained person), then, without prejudice red upon it by t.his section. to any other action with respect to the same matt.er which is lawfully available, that person (or that (6) The Chief Just.ice may make rules with other person) may apply to the Supreme Court for respect to the practice and procedure of the Supreme redress. Court: in relation to t.he jurisdiction and powers conferred on it by or under this sect.ion (including (2) The Supreme Court shall have original rules with respect. t.o the t.ime within which applica jurisdiction - tions may be brought and references shall be made to the Supreme Court). (a) to hear and determine any application made by any person in pursuance of subsec 29. (1) The president DIay, at any time, by procla Dec:141r4ltion tion (1) of this section; 'and mation which shall be published in the Official of .,_rgen"y Cazette, declare that - (b) t.o determine any question arising In the case of any peraon which is referred (a) a stste of public emergency exist.s for to it in pursuance of subsection (3) the purposes of this Chapt.er; or of this section, (b) a sit.uation exist.s which, if it Is allowed and may make such orders, issue such writs and to cont.inue, may lead to a stste of public give such directions as It may consider appropriate emergency. for the purpose of enforcing or aecurlng the enforce ment of any of the provisions of sectiona 13 to (2) Every declsration made under subsect.ion 27 (inclusive) of this Constitution: (1) of this section shall lapse - Provided that t!:le Supreme Court may decline in the case of • declarat.ion ~d. when to exercise powers under this subsection if Parliament is Sitting, at t.he expiration it satisfied'to that adequate means of redress of a period of seven days beginning with for "the contravention alleged are 0' have been the date of publication of the declara- available to the person concerned under any other tion; and law. (b) in any other case, at the expiration (3) If in any proceedings in any subordinate of a period of twenty-one days beginning court any question arises as t.o the contravention wi th the date of publ ieat.lon of the decla of any of the. prOvisions of sections 13 to 27 (inclu ration, ~ive) of thIS Constitution, the person presiding In that court may, and shall if any party to the unless it has in the meantime been approved by proceedings so requests, rO!fer the question to a resolution of the House of Representatives sup the Supreme Court unless, in his opinion the raising ported by the votes of two-thirds of all the voting of the question is merely frivolous or vexatious. members of t.he House. (4) Where any question is refer~ed to the (3) A declaration made under subsection (1) Supreme Court in pursuance of subsection (J) of of this section may at any time be revoked by the this section, the Supreme Court shall give ita President by proclamation which shall be published decision upon the question and the court in which in the Official Gazet.te, the quest i on arose sha II dispose of the case in ~ccordance ~ith that decision or, if that decision (4) A declaration made under subsection (1) IS the subject of an appeal under sec,tion 95 of of this sect.ion that haS been approved by a resolu this Constitution to the Court of Appeal or to tion of the House of Representatives In pursuance the Judicial Committee, in accordance with the of subsection (2) of this section, shall, subject. decision of the Court of Appeal or, as the caae to the provisinns of subsection (3) of this Bection, may be, of the Judicial Committee. remain in force so long as thst resolution remains in force and no longer. (S) Parliament may confer upon the Supreme Court such powers in addition to those conferred (S) A resolution of the House of Representa by th i s sect ion as may appear to be necessary or tives passed for the purposes of t.his section shall 50 51 No. I [ 1910. No. [1970. The Constitution oj/Ire Republic of The Gambia 33 J4 The Cultslilutiotl of fhe Republic of Tlte Gambia remain in force fOT twelve months OT such shorter (c) 11 prison service: period as may be specified therein: "1(~1\" 1 rcprcsC'ntat ivc" mc:tns a person ent i tIed Provided that any such resolution may be ex to practise as a barrister or a solicitor in The tended from t.ime to time by a further such ClImb i a; and resolution, supported by the votes of two-thirds of all the voting members of the House, each "member", in relation to a discipl tned force, in extension not exceeding twelve months from the cludes any person who, under the law regulating date of the resolution effecting the extension; the diSCipline of that force, is subject to that and any such resolution may be revoked at any time diSCipline. by a resolution supported by the votes of a majority of all the voting members of the House. (2) In this Chapter "3 period of public emer gency" means any period during which (6) Any provision of this section that a declaration made under subsection (1) of this section (a) The Gambia is at war; or shall lapse or cease to be in force at any particular t.ime is without. prejudice to the making of a furt.her (b) a declarat.ion is in force under subsection such declaration whet.her before or after that time. (1) of section 29 of this Const.itution. (7) The President may summon the House of (3) In relation to any person who is a member Represent.at.ives to meet for t.he purposes of subsec of a disciplined force raised under as Act of Parlia tion (2) of this section notwithstanding that Parlia ment, nOLhing contained in or done under the autho ment then stands dissolved, and the persons who rity of the dhciplinary law of that. force shall were members of the House of Representatives immedia be held to be inconsistent with or in contravention tely before the dissolution shall be deemed, for of any of t.he provisions of t.his Chapter other those purposes, still to be members of t.hat House than sections 14, 16 and 17 of this Constitution. but, subject to the provisions of section 67(4) of this Constitut.ion (which relates to the elect.ion (I.) In relation to any person who is a member of the Speaker of the House of Representatives). of a diSCiplined force raised otherwise than as the House shall not, when summoned by virtue of aforesaid and lawfully present in The Gambia, nothing this subsection, transact any business other than contained in or done under the authority of the debating and voting upon a resolution for the pur disciplinary law of that. force shall be held to poses of subsection (2) of this section. be inconsistent with or in contravention of any of the provisions of this Chapter. Interpnta )0. (1) In this Chapter, unless the context other t ion and wise requires - savings "contravention". in relation to any requirement. includes a failure to comply with that requi rement. and cognate expressions shall be construed accord- ingly; "court" means any court of law having jurisdiction in The Gambia other than a court established by a diSCiplinary law, and includes the Judicial Commit tee and in sections 14 and 16 of this Constitution 8 court est.ablished by 8 disciplinary law; "discipl tnary law" meana a law regulating the disci pline of any diSCiplined force: "diSCiplined force" means - (a) a naval, military or air force: (b) a Police Force: or 52 53 No.1 [ 1970. No. [1970 The CUllstitutioll a/the Rel'ublh: of The GamMa n J6 rhe Constitutioll of the Republic 0/ rhe Gambia of President shall complete and duly sign the nomina Chapter IV tion papers prescribed by Or under an Act of Parlia ment and delivered to the Returning Officer on THE PRESIDENT or before the day appointed for close of nomination. Part I (3) No person shall be accepted as a candidate OFFICE OF PRESIDENT ofr election to the office of President unless his nOfl'lination papers are accompanied by one hundred Office of 31. There shall be a President of the Republic signstories or thumb impressions of persons whose President. of The Gambia who shall be Head of State and names oppear on the voters register and are qualified Commander-in-Chief of the armed forces of the as voters ofr the purposes of elections to the Republic. House of Representatives. Part II (4) The election of the President shall be on the terms of universal odult suffrage and shall INCUMBENT PRESIDENT be conducted in a manner prescribed by this section TO PERFORM FUNCTIONS OF PRESIDENT UNTIL and subject thereto by or under an Act of Parliament. NEW PRESIDENT ASSUMES OFFICE (S) An election to the office of President Inculllbent 32. Notwithstanding the dissolution of Parliament shall be held at such places and begin on such President and not until the person elected President under date as the Supervisor of Elections may by publica to perfona the new provisions of sections 33 and 34 of this tion in the Cazette announce. functions Constitution, assumes office in accordance with of President. section 36 of this Constitution, the person (6) The election to the o[fice of President perofrming the functions of President immediately shall be held - beofre such election shall continue to perorrm the functions of President under this Constitution. (a) on a date not earlier than ninety days beofre the expiration of the tenn of office of the incumbent President nor Part III later than thirty days after the expiration ELECTION,TENURE AND CONDITIONS OF of such tenll; OFFICE OF THE PRESIDENT (b) in any other case within ninety days Qualt Heat ion 33. (1) A person shall be qualified ofr electi after the office of President becomes and ele-:tion to the office of President if _ vacant. of President. (a) he is a citiZen of The Gambia; (7) Every per eon who is registered to vote at an election of 8 member of the House of Represen (b) he has attained the age of 30 years; tatives shall be entitled to vote at an election to the office of President: (c) he is qualified to be registered as voter for the purposes of elections Provided that a Head Chief may vote in a Presi the House of Representatives: dential election in accordance with rules prescribed under an Act of Parliament. Provided that a Head Chief. Procedur" notwithstanding any provision of law 3~. (1) A candidate shall be declared elected for el~,,· disqualifying him to be registered as as a President if at the c10se of nomination he is the only candidate validly nominated ofr the t ion 01 a voter ofr the purposes of elections election to the office of President. Pr~£idenl . to the House of Representative,s. shall be qualified ofr election as President; (2) Where at a Presidential election there are two Or more candidates, a person shall be deemed (d) he is a person who is otherwise qualified to be duly elected as P~esident if he has the highest to be elected as a member of the House number of votes cast at the election. of Representatives. (J) Where no candidate is duly elected under (2) A candidate ofr election to the office subsection (2) o£ this section, the Supervhor 54 55 No. I [ 1970. The Conslilution of the Republic of The Gambia 37 No. [1970. )8 The Constitution 0/ the Republic 0/ The Gambia of Elections 8h811 within ten days arrange ofr a second election in accordance with 8ubsection (4) of this section at which the only candidatu ex(!cut.ion of his office as set out in the First shall be the candidates who obtained the two highest Schedule to this Constitution. numbers of votes at the previous elections. (2) The person elected President shall assume (4) A candidate ahall be deemed to be duly office on the day following the date of expiration elected at a Presidential election held under sub of ehe term of office of the last holder of that section (3) of this section if he obtains a majority office or in any ocher case on ehe day following of the valid votes cast at such election. his election. (') Where after a second Presidential election (3) The office of President shall become held under subseceion (3) of this section the t.wo vacant - candidates obtained an equal number of votes, Parlia ment shall by a secret ballot elect. one of the (a) when the term of office specified in two candidates as President. subsection (1) of this section expires; (6) The Chief Justice shall be t.he Returning (b) if the President dies while holding such Officer for the election of President. office, or reSigns from the office of President; (7) A document. which is executed under the hand and Seal of ehe Chief Justice and statu t.hat (c) if the President ceases to hold such the person nsmed therein was declared elected as office under sections 37, 38 or 39 of President, shall be prima facie evidence t.hat. the this Constitution. person nSllled was so elected. (4) At any time when The Gambis is at war Chalhn&in& 35. (1) Any question which may arise 88 to whether - and the President considers that it is not practi the elec:tion cable t.o hold elections, the House of Representatives of a Pud (a) any provision of this Constitut.ion or may by a resolution extend the period of five years dent. any law relating to the election of a specified in subsection (1) of this section for President has been viOlated; or not more than twelve months at 8 time. (b) any person has been validly elected as 37. (1) If the Cabinet resolves, upon a resolution Removal President under such provision; supporeed by the votes of a majority of all the of P~e,.i members of the Cabinee. that the question of the dent on sha 11 be referred to the Court of Appeal wi thin ~ental or physical capacit.y of the ~resident to ground. of ten days of the declaration of the resul t of the discharge the functions of his office ought to incapacity. election. be investigat.ed and informs the Chief Justice accord ingly, the Chief Justice shall appoint a board (2) Parliamene may by an Act prescribe the con!:isting of not less than three persons selected cond i t ions under whf ch any person may bring a peti- by him from Blllong persons who are qualified 8S tion under this section. ~edic31 practit.ioners under the law of The Galllbia and the Board shall enquire into the matter and (3) The decision of the Court of Appeal shall 5ha11 make a repore to the Chief Justice stating be final and no appeal shall lie therefrom to any the opinion of the board whether or not the President other coure or t.ribunal. is, by reason of any infirmity of mind or body, incapable of discharging the fUnctions of his office. (4) A declaration by the Court of Appeal that the election of the President is not valid (2) If the board reports that the President 5hall be withOUt prejudice to anything done by is incapable of discharging the functions of the the President before that declaration. office of President, the Chief Just.ice shall certify in writing accordingly and thereupon the President ASlUlIIp' )6. ( 1) A person elected to the oU ice of President shall cease to hold office. tion and sha 11 , subject to subsection (3) of this section, term of hold of fice fo, term of five years commenCing (3) Where t.he Cabinet resolves that the ques offic:e. from tho date on• which h. takes .nd subscribes tion of the !lien tal or phYSical capacit.y of the tho oath of allegiance .nd tho oath fo, tho duo President to discharge his functions ought to be investigat.ed in accordance with the provisions of subsection (l) of this section, the President 56 57 No. I [ 1970. No. [1970. The Constitution of the Republic of The Gambia 39 40 The Constitution of the Republic of The Gambia sha II, unt i I another person assumes the of f i ce or of President or the board, appoint~d in pursuance of subsection (1) of this section, reports that (b) if Parliament is not then sitting (and the President is not incapable of discharging the notwithstanding that it may be prorogued) functions of his office (whichever is the earlier), summon the HOuse to meet Within 21 days cease to perform the functions of his office and of the notice and cause the motion to those functions shall be performed by _ be considered at that meeting. (.) the Vic~-Preaident; or (2) Where a motion under this section is proposed for consideration by the HOUSe of Represen (bj during any period when there Is no Vice tatiVes, the House shall not debate the motion President. or the Vice-President is absent but the person presiding in the House shall forthwith from The Gambia or is unable, by reason cause a vote to be taken on the motion and, if of mental or phyaical infirmity, to the motion is supported by the votea of not less discharge the functions of his office, than two-thirds of all the voting members of the any such Minister as the Cabinet shall House, shall declare the motion to be passed. appoint: (3) If a motion is declared to be passed Provided that any person performing the func under subsection (2) of this section _ tions of the office of President under this subsec cion shall not exercise the powers of the President (oj the Chief Justice shall appoint a tribunal to revoke the appointment of the Vice-President which shall consist of a Chairman and or to dissolve Parliament. not less than two others selected by the Chief Justice. on. of whom shall (4) A motion for the purposes of subsection hold or shall have held high judicial (I) of this section may be proposed at any meeting office. of the Cabinet by any member thereof. (b) the tribunal shall investigate the matter (5) For the purposes of this section _ and shall report to tbe House of Represen tatives whether or not they find the (a) the Cabinet may act notwithstanding any particulars of the allegation specified vacancy in its membership or the absence in the motion to have been sustatned. of any member; (c) the President shall have the right to (b) a Certificate by the Chief Justice that appear and be represented before the the President is by reason of mental tribunal during its investigation of or physical infirmity, unable to discharge the allegstions against him. the functions of his office shall. in respect of any period for which it is (4) If the tribunal reports to the House in force, be conclusive and shall not of Representatives that the tribunal finds that be questioned in any Court. the particulars of any allegation against the President specified in the motion have not been Removal 18. (1) 1£ notice in writing is given to the substantiated. no further proceedings shall be of Presi Speaker of the House or Representatives, signed taken under this aection in respect of that dent for by not less than one-half of all the members of alleg.atlon. violation the House of Representatives, of a motion alleging of Consti that the President has committed any violation (5) If the tribunal reports to the House tution or of the Constitution or any gross misconduct and of Representatives that the tribunal finds that gross mis specifying the particulars of the alleJ!.stions and the particulars of any allegation specified in conduct. proposing that a tribunal be appointed under this the motion hsve been subscantlsted, the House IIIsy. !iection to investigate those allegations. the Speaker on a motion supported by the votes of not less :>ha 11 - than tvo-thirds of all the vocing members of the House, resolve thst the President has been guilty (,j if ParI iament is then sitting or has of such violation of the Constitution .or. ss the been summoned to meet within five days, csse may be, such gross misconduct as is incompatible cause the mot ion to he considered by with his continuance in office as President and. the House Within days of the notice; t( the House so resolves, the President shall cease 58 59 [19 No.1 [1970. No. The Constitution oJthe Republic oJ The Gambia 41 42 The Constitutioll oJ the Republic oJ The Gambia to hold office upon the third day following the (5) Any person perforcing the functions of passage of the resolution unless he sooner dissolves the office of President by virtue of subsection Parliament. (4) or this section shall cease to perform those functions if he is notified by the President that (6) No proceedings shall be taken or continued the President is about to resume those functions. under this section at any time when Parliament is dissolved. (6) For the rurposes of this section, a certi ricate of the Chie Justice that _ 39. (1) 1£ the office of President becomes vacant Vacancy ln (a) the President is incapable by reason office of by reason of the death or resignation of the Preaident. President or by reason of the President ceasing of physical or mental infirmity of dis to hold office by virtue of section 37 or 38 of charging the functions of his office this Constitution, the Vice-President shall asaume and t:he infirmity is of such a nature the office of President. that the Preaident is unable to authorise another person under this section to (2) Where the office of President becomes perform the functions of his office; ·vacant in circumstances in which there is no Vice ., President then. until a President assumes office in accordance with section 36 of this Constitution, (b) the Vice-President is by reason of physical the functions of the office of President shall or mental infirmity unable to discharge be performed by such Minister aa the Cabinet shall the functions of his office. appoint. !'lhall. in respect of any period for which it is (3) Whenever the President is absent from in force, be conclusive and shall not be questioned The Gambia or considers it desirable so to do by in any court: reason of illness or any other cause he may by direction in writing, authorise the Vice-President Provided that any such certificate as is refer to discharge such of the functions of the office red to in paragraph (a) of this subsection shall of President as he may specify and the Vice-President cease to have effect if the President notifies may discharge those funct:ions until his authority any person undet subsection (S) of this section is revoked by the President. that he is about to resume the functions of the office of President. (4) If the President is incapable by reason of physical or mental infirmity of discharging (7) The Vice-President or a Minister ahall the functiona of his office and the infirmity is not. by reason of his exerCising the functions of such a nature that the President is unable to of the office of President under subsections (2)(a). authorise another person under this section to (3) or (4) of this section, vacate his seat in. perform those functions - or be disqualified for election to. the House of Representatives. (a) the Vice-President; or 40. (1) The President shall receive such salary S .. lary ~I (b) during any period when there is no Vice and allowances, a5 may be prescribed by resolution Allo"anc. President or the Vice-President is absent of the House of Representatives; and such salary of Presl· from The Gambia or the Vice-President and allowances payable to the President are hereby dent. is by reason of physical or mental infirm charged on the Consolidated Revenue Fund. ity. unable to perform the functions of his office. such Minister as the Cabinet (2) The salary and allow3nces of the President shall appoint. shall not be altered to his disadvantage during his period of office. shall perform the functions of the office of President: (3) The President shall be exempted from personal taxation. Provided that any person performing the func Protect ;, tions of the office of President under this subsec 41. Whilst any person holds or pedorms the func tion shall not exercise the powers of the President tions of the office of President no civil or criminal Prelid~~1 proceedings shall be instituted or continued against re.peci , to revoke the appointment of the Vice-President le,.. t P" or to dissolve Parliament. lngl duo t ofUe,,_ 60 61 [ 1910. No. [1970 No. I The Constitution of the Republic of The Gambia 43 44 The Constitution (~rllre Repuhlic (i/ The Gambia or other Hinis~er or of . !' ".hile I'nrliamenl i!: d' a, ",rllamentary Secretary him in respect of anything done or oliJitted to be "1'1'0. . ISSO vet the President done by him either in his official capacity or Inl H person who W Chapter V , . (4) There shall be such of ~~~:~~:~nt~;y t;:cr~~;:yrnment andboe~~~~ ~~~~~~~ of THE EXECUTIVE the President. as may established by 42. (1) The executive power of the Republic shall Executive vest in the President and, subject to the provisiona po_r. 0) Subject t.o the of this Constitution, shall be exercised by him 50 the Vice-President. a d t hprovlslons of section the direct.ion of th P n d e other Mlnlsters under either directly or through officers subordinate e reSI ent shall be , 'bl to him, £ ~r suc h department.s of St.ate or esponSI e 0h the Government as the PreSident other business (2) In the exercise of any function conferred t. em. lIIay assign to upon him by t.his Constitut.ion or any other law, the President. shall, unless it is otherwise provided, (6) Notwithstandin h .. act in his own deliberate judglllent and shall not subsection (5) of this g . t e prO\·lsl~ns of be obliged to follow t.he advice tendered by any be responsible for sucShec~lon. the President shall other business of the Go epartments of State or other person or authority. vernment as he may deterllline. section shall prevent. (3) Nothing in this shall (7)b The funct'Ion 0 f Parilallientary Secretaries funct.ions on persons Pari iament from conferring of theiredu~~esa.ssist Mlni9ters In t.he perforlllance or authorit.ies ot.her than t.he President.. There shall be a Vice-President of The 4t.. Where any Hinister has been Establish 43. (1) responsibility for a d charged with Pe~lDo1"ent Gambia who shall be t.he principal assistant of ment of discharge of his executive of government, he shall epart~ent or departments Secreta~i'· offices and the President in the and control over those exercise general direct.ion funct ions functions. to such direction and departments; and. subjec::: of Vice (2) Where the Vice-President is performing of government shall be control, every department President. the funct.ions of the President in accordance with a .public officer whose under the supervision of Ministers section 39(1) of this Constitution, he may apPoint thiS Constitution as thfficeffis referred to in and Pa~lia a person from among the members of t.he House of secretary: e 0 ice of permanent mentary Representatives to perform the functions of Vice Secretaries. President and any person so appoint.ed may discharge Provided thatd two or more hO\ernment0 • d epartmcnts those functions accordingly: may be r-Iaced un er the supervision of one permanent secretary. Provided that a person appointed under this section shall cease to perform t.he functions of t.S. (I) Appointments to Vice-President Minister the off Ice of Appoint the office of Vice-President - shall be made by the Presi~r Parrllamentary Secretary ment of Minjste~" (a) if his appointment is revoked by the of the House of Re e~t rom among the members the Public Seal: presentatlves by instrument under .and Pil~l 1.1· Vice-President; m"ntsry S<:cretolrit·· (b) if he ceases to be a member of the HOUSe;! Provided that the Vice-President shall be of Representatives ot.herwise than by appoint~d from among the elected memb,~ .... s 0'. the reason of a dissolution of Parliament; House of Representatives b the 0' Public SeaL y instrument under (c) if the Vice-President ceases to perform The Cambia(2) If or th e V'Ice-President is absent from the functions of the office of President. or any other is incatable by reason of illness of his office, cause 0 dischaq~ing the functions (3) Notwithstanding the provisions of subsec from among the th~ President rr.ay appoint J person tion (1) of section 45, and if occasion arises e ected members of the House of £0' making the appointment of a Vice-President 62 63 [1970. No. I [ 1970. No. The COII.'1!ilUfiOli f.{lhe RepubliC" (iamhia The Constitution of the Republic of The Gambia " (~rTh(' 0' ony other 1:lw, thos., functions (other Lhan Representatives to perform the functions of the t.he House of office of Vice-President nnd any person so appointed functif)n~: ;IS m"mt,er of "r~.1 loy such 01 her may discharge those functions accordingly; Rcprcst.'nlat iv (2) The Attorney-General shall be a voting (4) The po·"'ers conferred upon till! f,ttorney member of the House of Representat i ves by virtue General by paraRraphs (b) and (c) of subsection of this subsection if he is not such a voting member (2) of this section shall be vested in him to the apart from this subsection. extlusion of any other pE'rson or authority: (3) If the person holding the office of Provided that where any other person or Attorney General is for any reason unable to perform instituted crir:dnal proceedings, the functions <:onferred upon him by this Constitution authority has 64 65 No. I [197(1 [ 1970. :"Jo. The COIlSliIUlio,; o/Ihe Republic 0/ The Gambia The Constitutio/l t!f tl1(' Rrpuhlic (If The Gambia :,.~ nothinr, in this subsection sha II preven t the the exercise of the preror;aLive of mercy). wiLhrlraw8t of those proceerlinl';!i by or at the inst:lnCe of lhat person or authority and with the leltvp 51. The Vice-President, :\ Hinister or a O.lths I" I of the court. Pari iamentary Secretary shall not enter upon the taken by duties of his oHice unless he has taken and l1inlstc, ~ 0) for the purposes of this section any subscribed the oath of allegiance and the oath and Par] i, appeal from any determination in any criminal for the due execution of his office as set out menta~r proceedin~s before any court of law or any case in the Second Schedule LO this Constitution. Secretari, stated or question of law reserved for the purposes of any such proceedings to any other court shall 52. (1) There shall be a Secretary to the Cabinet secretary be deemed to be part of those proceedin~s: whose office shall be a public office. to the Cabinet Provided that the power conferred on the (2) The Secretary to the Cabinet shall have Attorney-General by subsection (2)(c) of this section charge of the Cabinet Offlce and shall be responsi shall not be exercised in relation to any appeal ble in accordance with such instructions as may by a person convicted In any crlmlnal proceedings be 'given him by the President, for arranging the or to any case stated or question of law reserved business for, and keeping the minutes of, the Cabinet at the instance of such a person, . and for conveying the decisions of the Cabinet to the appropriate person or authority, and shall Cabinet. 49. (I) There shall be a Cabinet comprised of have such other functions as the President may the Vice-President and the other Ministers and from time to time direct. at the meetings of which the President, or i'n his abse~ce, the Vice-President, or some other Minister S3. Subject to the provisions of this Constitution Const it" appolnted by the PreSident, shall preside. and of any Act of ParI iament, the President may tion of ~, constitute offices for the Republic, make appointm.· (2) Subject to the powers of the President, appointments to any such office and terminate any to Pl,lbll .. the Cabinet shall be the instrument of pol icy and such appOlntment. Offlcu. s~al1 be responsible for adviSing the President WIth respect to the policy of the Government. S4. The President may - Prerog" tlve of (3) The Cabinet may act notwithstandinl; any (al grant to an), person convicted of any Hercy. vacancy in its membership. offence a pardon either free or subject to lawful conditions; Collect jv" 50. The Cabinet shall be collectively responsihle Responsi' to Parliament for all things done by or under the grant to any person a respite, either bi] i ty. (bl authority of the President or the Vice-President indefinite or for a specified period. or any Other Minister in the execution of his office. of the execution of any punishment imposed ~~e_ provisions of this section shall not apply on that persoe for any offence; (c) substitute a less severe form of punishment (a) the appointment and removal from office imposed on any person for any offence of Ministers of the GOVernment dnd or any penalty or forfeiture otherwise Pari iamentary Secretaries, the assi/:oment due to the Repchlic on account of any of portfolios to Ministers or uny offence. authorisation or appointment, 'IS the case may be, under subsection ()) of S5. (1) There shall be an Advisory COl!lllliltee Advisory seCt ion 39 or subsect ion (2) of sect ion on the Prerogative of Mercy which shall consist C",,,,,,,ltl'" 45 of this Constitution; of such perso'ns not being less than t':"'o nor more than four ~s may be ~ppoir.Lec by the PreSident. (b) ch. dissolution of Pari iament; (2) A member of t:he Advisory COllllilittee shall (c) tho exerc i Be of the powers con fer red hold office during the pleasure of the President. 00 tho Attorney-General by sections aod o( this Constitution; 0' " () Where any person has been sentenced to " death for any offellce, the President ~hall cause (d l ,h. matters referred to io section the question of the exercise, in relatlO!1 to that of this Constitution (which relates to". person, of the powers conferred by section 54 of 66 67 < • No. I [ 1970. No. [1970 The Constitution of the Republic of The Gambia 49 this Constitution tu be considered at a meetin~ (2) Only ,HI elected me:;11H'r or " Chiefs' of the Arlvisory Committee. represc'lU:( ive member or the Attorney-General shall he enlitlcd to vote upon any qu<:stiun b,_fore the (4) The President may determine the procli'durli' 110use uf Representatives ane the el('ctcd f::c:nlwfs, of the Advisory Committe and, if present, shall the Chiefs' representative meI:lbers and the Attorney preside at any meetin~ of the COmmittee. General arc in this Constitution collecti\'~'ly refer red to as "voting members". (5) Subject to the provisions of subSection (3) of this section, the President may refer to 58. Subject to the provisions of section 59 of QU.1lihca the Advisor}' Committee any question as to thi! this Constitution. a person shall be qualified tions for exercise of the powers conferred upOn him by slictiOl'l to be nominated for election or appointed as a ", ..",beT 54 of this Copstitution. votinr, member of the lIouse of Repre~;enti)tives or Ghip of to be Part I (b) he C (2) The legislative power of the Republ ic Cd) in the case of an elected member, he is vested in Parliament. is re;,istered in sO!:le constituency as II voter in elections of elected members (3) Pari iament shall have power to make laws of the House anc is not disqualified for the peace, security, order and F,ood F,overnment from voting in such elections. of The Gambi 68 69 No. I [ 1970. [1970. The Constitution of the R,'puhlic of The Gambia , I TIl[' COl1sfifllfiofl offll(' R('puhlic o/TIl(' Gambia (e) he is under 0 sentence of death imposed tion fo[' plpction, is n nominated member; lind no on him by n court in Th ... Gambia, or i.~ 1','rs"l1 sh,,11 bt.· 'luaJifi,.·d to be oppointed 0) No person shall be qualified to be nomina (;» Th~ election of elected members of the ted for election as a voting memher of the House !louse of Representatives shal J be based upon of Representatives, who, at the date of his nomina- universal adult suffrage, that is to say;- 70 71 No. NQ. I [ 1970. The lOIiSliflllilJn (!Flht' RI'{Jllhli(" (~f The Gamhia The Conslillltioll of the Republic ~r The Gambia \J 01 I)th.!rl.'isL· supports or tli.'l ha'. ;.1 (a) every ci tizen of The Cambia who has any t illl!.' ~;!,(lns(lrL'd or (It her .... i se support ('d, attained the a/?,e of twenty-one years ;, (;,,,did,,I(' 1"1" eleci ion as " m,.mbL·[" shall, unless he iR disqualified by "f II", Il()ll~l' of r."pl"esl'nl;ltiv('s or o! Parliament from registration as u voter :lL!y ~'uch lIouse of Hel'resL'llt;11 ives for the purposes of elections of elected eSl;d,lishl'd ;1<; afores;lid or of ;IllY locHI memhers of the House of Hepresentatives. gO\'L'rnment ;Luthority; or be entitled Lo be registered as such ,1 voter under uny Irl\~ in thut behalf, (d) he is a puhl ic ofricer. and no other person may LH! so re~ i stered: and (I,) Subject to thL' provisions of this ~;eCl ion, th.> "ffic.· of " Ilwm],,'r •• f th,· Coml1li~:!,i'.n ·.h.,11 (b) every person who is registl'red as :iI'orL's"id hL·C()!!,,' V.""'l1t - in nny constituency sholl, unless he is disquulified by Pilrliament from votin~ (a) when the order of the Commission is in thilt constiluency in any election I)ublished in the Official Galctte in of elected members of the House of accord.lnce with the provisions of sect ion Representatives, be entitled so to vote, 62(7) (If this Constitution; or In accordance wi th the provisions of any law in that behalf, ilnd no other ( h) if ;Jny circumstiJnCeS ;Jrise thut, if he person milY so vote. I.'ere not ;J member of the Com.rnission, would c:luse him to be disqu;Ji!fied to (3) In ilny election of elected members 01 lIL' appointed as such under slJbsect ion the House of Representiltives the votes sholl be (3) of this section. gi ven by bn II ot in such manner us not to disc lose how any particular person votes. ('I) The President after consultati':Jn ;':ILb the' Jo.:dicial Service Commission may remove :. member r"n~1 i- 61. (1) There shall be a Constituency tloundaries ,'f tbe Cummis::;ion from officr. only for inability Commission \~hich shall be appointed by the President to c~:erc:se tht.' fU!1ctiolls of his office (whether bound;)ries in the circumstances specified in section o2(t.) lIrisin~ from infirmity of body or mind or ilny other Cor..,., , (b) he is, or has at any tillle durinp, the (8) The COLI"~"l1i!:sion l:1ay by re,(;ulation or two years immediiltely preceding his ot hen"'; !':e :"L/~ulatc it!> own procedure lmd, I.·;th ilppointment been, nominnted as a c;mdidale the cr.n~ent of the I're<;ident, may cnnfer l'u'.... ·r!· on .,ny for elect ion as oJ member of the lIouse n:" l~;'Ol"'" .::~t i~'!> "':1 any publ ic officL'!" or of Representatives or of any such /louse dctl,,,:·it·.• :i th~' G.,\·,)rn!:lcnt of The Gat:lb:a (nr :rw of Representatives est 73 72 ',' • No, I [ 1970. The Constitution of tlu: Republic of The Gambia N'-l, " Tlu' C/Jl/stilflliOIl l~l1ht' RC{llIhlic (d'Tlic Gamhia Provided that any dt.'cision of the Commission (b) \~Il(>ncv('r ['''1'1 j:omL'nt h:)<; mnde shall require the concurrence of a majority of prov i s j on all its members, so ,IS to it! tl'r the number of the conl'tituencics into \~hich The Gambia il' divided; or Consti 62, (1) For the purpOse of the eleCtion of eJected r,,",nc;",s, members of the House of Representatives, The G,lmiJia shall. in accordance with tlie prOVisions of this (c) at such timel' (h.'ing not less than eight section, be divided into constituencies so that years and not more than ten since the boundaries of the constituencies were (,) th, number of such constituencies 1,lst reviewed) as the President, in sha II PUrSUHnCe of a resolution of the House correspond with th, number of seats in th, HOUSe of Representatives (excluding of Representatives, may from time to time appoint. th, seats of nominated members, the Attorn~y-General if he i, ne< ,n elected (5) Without prejudice to the provisions of member ,nd Chiefs' representatives members); subsection (7) of this section, whenever the "d Constituency B9undarics Commission has been, appointed (b) the boundaries in the circumstanceS specified in subsectIon (t.)(0I) of such constituencit:s or in thl' circumstances specified in suhr;ect00 sha 11, if approved th, House by of (4){1o) of this section, It shill] forthwith carry Representatives in accordance with 'he provisions out a revie\~ of the boundaries of the constituencies of subsection (7 ) of this into which The Gambia is divided and may (and in section, be such the Constituency floundaries the circul'1st:Jncr.'s specified in subsection (t.)(b) Commission "may prescribe, shedl), by order alter the bound:Jries in accordance with the provisions of this Section to such extent (2) Each constituency shall return one member as it thinks desir (3) All constituencies shall cont3in as npnrly Provided lh:lt a Commission estahl ished [)y equal numbers of inhabitants as appears to the rca son Qf the hoidin/'. of a census of the popu];lti(ln Commission to be reasonably practicable but the may, if thl' Commission conside~s thilt th.:: chanr,es Commission may depart from this principle to such in the distribution of populatIon reported on the extent as it considers expedient in order to ta!.:e account of the following factors, that is to say: census do not justify ,In alteration in the boundaI-ies, so report to the President Idthout (0) the density of enterin/', upon H reviev" of the boundari,'s of the population, and in constituencies, particular the need to ensure the adequate representation of sparsely pOpu!llted rural areas; (6) Without prejudice to the provisions of subsection (7) of this Section, wher.ever the ConstituencY I:\oundnries Commission hilS been appoint",d (b) the means of communication; in the cir~ut:lstances specified in subsection (I.)(c) (c) geo,£,raphic 74 75 [1970. No. I [ 1970. No. The COlls/itutiol1 (if/lie Repuhih: of Thl' Gamhia " (8) Any provision by Pllri iament (Ilterin~ the number of seats in the Ilouse of Representat ives ~ ~ r i ~,~: r;::l;~~ Ii i~:~s t 0Ull~t'~~. ~';~~;c i ~,~'\J h:,; ~,~tuhi'a\ i ;:I~ i i ~ ~;~: (other th,ln the se Chier,' Re 63. (1) The Chiefs' representative members shall (~) In the exercise of his functions under pre,entatiye be elected by the Head Chiefs from among their the fore~oing provisions of this seCtion. the ,"e.. bers. OWn number in such manner 85, subject to the Supervisor of Elections shall not be subject to provisions of this Constitution, may be prescribed the direction or control of any other person or by or under any law. lIuthurity. (2) In any election of the Chiefs' (7) The Supervisor of Elections sh:lIl ey. .... rcisc representative members the votes shall be given such "th<',· fun,·t ion!; in relat ion to .,I"c\ i(ln~ by ballot in such manner as not to disclose how (IJhcll".'I' 10 the fluuse of Hepl"l·s~'nl.l1.iv"s or to any particular person votes. lucal J;uvel"roment 76 77 No. I [ 1970. No. [ 1970. The Constitutivn oj thi' Republi(: vf The Gambia '9 60 The Con.Willition of the R epuMic of The Gambia (d) in the case of an elected member, if (b) if any circumstances arise that, if he he ceases to be registered as a voter were not Speaker. would cause him to in elections of members to the House be disqualified to be elected as such: of Representatives or if he ceases to be qualified to vote in such election: (c) when the House of Repr~sentatives first meets after a dissolution of Parliament: (e) in the case of a Chiefs' representative member, if he ceases to be a tle.Jd Chief: 0' Cd) if he is removed frOID oHice by resolution (f) in the case of the Attorney~General, if he is not of the House of Representat i ves supported an elected member, if he by the votes of not less than two-thirds is removed from office; or of all the voting members. (g) if he is absent from two consecut i ve (4) No business shall be transacted in the meetings of the House wi thout havin!1, House of Representatives (other than the election obtained, before the termination of either of a Speaker) at any time when the'office of Speaker meeting, from the Speaker or other person is vacant. presiding, permission to be or to remain absent therefrom: and any person vLlcatin!1, 68. (I) There shall be a Deputy Speaker of the his seat under the provisions of this House of Oeputy Representatives who shall be elected by Speake •. parllgraph shall not be qualified to be the House from among persons who are members thereof. nominated for election to the House of Representatives or appointed as a votin!?, (2) A Minister or a Parliamentary Secretary member or a nominated member during the shall not be qualified to be elected as Deputy period commencing with his vacatin~ his Speaker. seat and endin~ with the first dissolution of Parliament thereafter. (3) The Bouse of Represe:ltatives shall elect a Deputy Speaker - (2) Parliament may. in order to permit any member of the House of Representatives who h.Js (a) subject to the provisions of section been adjudged or declared to be of unsound mind, 67(4) of this Constitution. when it first .Jdjudged or declared bankrupt. sentenced to death meets in every session: and or imprisonment or convicted or reported guilty of any offence prescribed under section ')9 of this (b) when it first meets after the office Constitution to appeal against the decision in of Deputy Speaker has become \lacant. .Jccordance with any law. provide that, subject or as soon thereafter as may be con\'enient . to such conditions as may be prescribed by P.Jrliament. the decision shall not have effect (4) The Deputy Speak~r shall vacate his office ~ for the purposes of this section until such time as may be so prescribed. (a) if he vacates his seat as a member of the House of Representatives: Sr"ak<'r. 67. (1) There shall be a Speaker of the lIoulle of Representatives who shall be elected by the Cb) when the House first meets in each session; House and who must be a citizen of The Gambia. (c) if he becomes a Ministt.'r or a Parliamcnt(!ry (2) A Minister or a Parliamentary Secretary Secretary: or shall not be qualified to be elected as Speaker. (d) if he is removed frr,l:! office by r(,solutiun (J) The Speaker shall vacate his office ~ of the House of ReprCllentativcs. (a) in the CLlse of 78 79 [197i No. I [ 1970. No. The Constitution ·ofthe Republic of The Gambia 61 The COl1stitutioll oIlhe RCf'lIhlic' (~lTh(' Gambia ('J) 1';lrl iament may Il\a~l' provision with respect Decision of 70. (I) The Supreme Court shall have jurisdiction .. ""stions .:IS to hear ,lnd determine any question whether - to - to member' (a) the circumstances and manner in .\J~ich ship of (a) any person has been validly elected or and the itnposition of reasonable conditions House of Re appointed as a voting member of the House upon which any application .may b~ m~de present.:ltiYes. of Representatives; to the Supreme Court (or: the d<;termln.lllon of any question under thiS sectIon; and (b) any person has been vaUdly appointed as a nominated member of the House; powers, practice and procedure of ( b) 'ho any the Supreme Court in relation to (c) any person who has been elected as Spe,1"er appiic,ltion. of the Ilouse from among persons who are such not members thereof was qualified to (6) The determination of the Supreme Court be so elected; or of any question under this section shall not be (d) the seat in the House of any member thereof subject to appeal, has become vacant. (7) In the exercise of his functions under this section, the Attorney-General sh811 not be (2) An appJ ication to the Supreme Court for subject to the direction or control of any ocher the determination of any question under subsection (I) (a) of this section may be made by any person person or authority. qualified to vote in the election to which the application relates or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings. (3) An application to the Supreme Court for the determination of any question under subsection (I) (b) or subsection (I) (c) of this section may be made by any voting member of the House of Representat i ves or by the Attorney-Genera 1 and, if it is made by a person other than the Attorney General, the Attorney-General may intervene and may then appear or be represented in the proceedings. (4) A application to the Supreme Gourt for the determination of any question under suhsection (I) (d) of this section may be made (a) by any voting member of the House or by the Attorney-General; (b) in tho case of tho seat of an elected member of tho House, by any person registered in some constituency a voter in elections of elected members" of tho House; 0' (c) in the case of the seat of a Chiefs' representative member, by any Head Chief, and if it is made hy a person other thom the Attorney-General the Attorney-General may intervene and may then appear or be represented in the proceedings. 80 81 '.;" ."=., [1970. No. No. I [ 1970. !J!, The Constitutiol/ oj Ih(' R/!pub{ic of Tht' Gambia The Constitution Oflhe Repuhli/.: of The Gambia 63 or authority the pO\o'er to ma1.:e statutory Part II instruments, LEGISLATION AND PROCEDURE IN HOUSE OF (b) Every statutory instrument shall be published in the Gazette not later than REPRESENTATIVES twenty-e ight days a fter It is Dlade or. I.cg15iati'·" 71. (I) Subject ,h, in th~ case of a statutory instrument '0 provisions of t his which will not have the force or law Po''',,~ "f Constitution, th. legislative power of Pari lament unless it i s a~proved by some person Pari ialllcnt. shall b. exerci!'l.'d hy hi II s p;Jssed hy t ht, House or authority othcr than the person or of Represent~Jtiv<.'s and iJsseuted '0 hy the )'rl.'siuent authority by which it is Dlade, not later "od bi II shall not become law unless it is than twenty-eight days after it is approved. passed" "od ;Jssented '0 to. and if it is not so published it shall be void from the date on which it was (2) When a bill is presented to the I'rl.'l'ident for aSSent he shall either aSSent to the b I II or made. Idthhold his assent 83 82 [1970. No. I [ 1970. No. The Constitution of the Repliblic of The Gambia The COllstitution (~f the Republic 0/ The Gambia 6> 66 referendum held for the, purposes of subsect ion (3) provIsion in 1 ieu of such provision and of this section and no other person may so vote; the addillon of new provisions to this and the bill shall not be regarded as having been Constitu( ion or chapter or section thereof, approved at that referendum unless it was so approved and references t.o the alteration of any by the votes of not less than one-half of all such particular provision of this Constitution persons or by not less than two-thirds of all the shall be construed likewise. votes validly cast at the referendum: 73. (1) Subject to the provisions of this section 'fit les of Prov ided tha t a Bead Ch i ef sha II be cnt i tl cd Parliament may make laws for The Gambia with respect Honour e!<'. to vote at a referendum held for the purposes of to titles of honour, decorations and other dignities. subsection (3) of this section notwithstanding that he is not registered as a voter for the purposes (2) Any such law providing for the award of elections of elected members of the House of of a title decoration or other dignity shall confer Representatives in accordance with the prOvisions the power to make the award upon the President. of subsection (2) of section 60 of this Constitution. (3) Except with the prior consent of the (5) The conduct of any referendum for the President purposes of subsection (3) of this section shall be under the general supervision of the Supervisor (a) a person who is a citizen of The Gambia; of Elections and the provisions of subsections (4), 'nd (5) and (6) of section 64 of this Constitution shall apply in relation to the exercise by the Superviflor (b) any other person who is a member of the of Elections or by any other officer of his functions publ ic service or of tbe armed forces with respect to a referendum as they apply in relation of the Republic, to the exercise of his functions with respect to elections of members of the House of Representatives. shall not accept a title of honour. decoration or other dignity (other than a distinction conferred (6) A hill for an Act of Parliament under by an educational, professional or scientific b~dy) this section shall not be submitted to the President from an authority of 3 country other than The Gambia. for his assent unless it is accompanied by a certificate under the hand of the Speaker of the 14. No provision of law, i.n so far as i.t provides Office of Chief. House of Representatives (or, if the Spea~er is for the abolition of the office of lIead ChIef, Deputy for any reason unable to exercise the functions Head Chief. Sub-Oilef or lIeadman, shall have effect of his office, the Deputy Speaker) that the provisions unless it is included in an Act of Pari iament; and of subsection (2) of this section and, where the provIsions of section 72 of this Constitution appropriate, the provisions of subsections (3) and shall apply In rel.ltlon to a bi~l. for such 1In ,Act (4) of this section have been complied With. and as they apply in relation to a.lnll (or an ~ct to every such certificate shall be conclusive for all alter this Constitution not beln/\ such;) bIll as purposes and shall not be enquired into in any court. is referred to in subsection (3) of section 72. (I.uh , ,,, (7) In this section 75. (I) Every member o( 84 85 No. I [1970. , . .r The Gamhia No, (lIthe Repllh lC OJ The CO/Willl/ioll of the Republic of The Gambia 67 The> C0I1.'ilifll1irJlI 68 offencC under en Any prf)<; ... cUI Ion {or ~n 'n the Supreme Presiding in 76. There shall preside at any sitting of the ~."'" Ion <;h,,11 t.e .In"~ 1~~~~utC~ except by the the House of House of Representatives - I.hi~; I1 II not be :-;0 In. .' p; under Ihe Representil- r;"urt :ttl,j 5 ,'1' 1/'(" l'rO!ll!CUli,ms "ctln t ives, (a) the Speaker: or Direct"!. of fU'II"Attorney-(~cneral. instrucllons 'J t It; the House R('Sl,,,1 (b) in the lIbsence of the Spe'lker. the Deputy f a Minister. ,,'tt. , ,.~ 81 [xcel't on the ]J1oti~~t 0_ Speaker; or to "e' I" of'ltepresentative<; shall f inlln~ I.' any bdl (Including any (c) in the ab~ence of the Speaker and the me""'" ,., Deputy Speaker, such member of the House (,.) proceed upon b'lI) that In the OplO~on 'Imendmcnl to iI I 'd 'nj?, 'makes prOVISion (not bein,e. il Mini.'lter or 11 j';lrJ iamentary ~f the' p(,rson l~~~~i~F, ~urpose5; Secretary) aR the Hou!'lc may ciccI for for any of the a that purpose. f taxation (0 ;f. taxation Quoru", in 77. If objection is til ken by any member of the ~~r t~~e ai~i::a\\i:~ House of House of Representatives present that there are otherwise than by reduction, Representa. present in the House (besides the person preRidin,e.) f ny charge t i ves, less than one-fourth of nIl the members of the /louse id for the imposit.ion 0 Re~enue Fund and, after such interval as may be prescribed in ( the Consolldat.ed f d of The upon h publiC un the Standing Orders of the !louRe. the person preSiding or any at er 1 terat.ion of a~y ascertainR that the number of members present is Gambia or, the fu~d of The Gambia still less than one-fourth of all the members of other publiC. f any such charge the House, he shall thereupon adjourn the 1I0use. or the, altehratl~yn :eduction; Use of otherWise t an Eng! ish in 78. The bUSiness of the House of Representatives or withdrawal (or the payment. issue House of Re shall be conducted in EngliSh. ( iii) R<,ventlP runr! present1'ltives. fp.ll t h'" t:nn~ol i,I;II.. ed IUlld •• 1 '/1 ... ,,] ;tn', "II,," l,ul,llt' II" I • "," I',' ·.1 Voting in 79. (J) Save a~ otherwise proviclt·d in lid,; '''' ,,, •. y~; ';.u"I.i;1 "I ,IllY iIL,',,·;I!.'· i" Ill'" Hou~e of Constitution, any quc:-;Iinn I,rol"',':"" .l.·,·i!;j",. '''1' tlH."reOI1 ." allY a payment, Repr('s"ntil in the House of Heprt!~l..'nt;lljvl·S shal J be determined ... mo unt of such t ives. by iI majority of votes of the members ~resenl an" or withdrawal; or voting. rem i 55 i on for the composition 0' (i v) the Gove rnment (2) The Speaker shall have neither an ori)1,inal of any debt due to nor a casting vote. of The Gambia: or (includinr. any (3) The Deputy Spe~ker or other member of d any ~otion the effect of the House of RepresentHtives presidin~ in the absence (It) procee UPOt~ a r.louon) iI':".endrnent . of t.he p,:r~on of the Speaker shall have a cast in~ vote hut no h' h In the opinion make prol'lslon original vote. \; IC.,. would be to p~esldlnF,. oses f~r' any of those purp . (t.) on 1'" ..,.·1, If there is 11n equality of votes ilny t iI'll', iI t tenrl question before the lIouse of Representiltives and ~ , rre<:irlent m~,y, at ?ny ';1:1,' , either the Spe~ker is presiding or the Deputy Speaker • 2. (I) .he f uepresentatlVeS . .1,t.,..1 or other member presiding does not exercise his ,,;l.d I e~<; I \1'~ Il'Ju!'>f! 'J .. e~ t 87 No. I [ 1970. The Constitution o/the Republic 0/ The Gambia [1970. 69 10. The Constitution ollhe R cpu bl'·rIe 0) The Gambia o (2) The House of Representat Ives may act notwithstanding any vacancy In its membership lIouse of date of Lhe rirl'll sitting of (i nc I ud i ng any Vacancy not filled when the lIouse any dissolution and shall first meets after nny ~enernl election) and the Reprcl'lentat i ves after presence or particip~ILion of any person not entitled then sLand dissolved, to be present i1t or to participate In the proceedings At any lime when The Gnmhia is il'- wnr, of the House shall not invalidate those proceedings. (» rive years Parliament may extend the periodof this of Of' d in subsectiono (4) , section for (3) Parliament may, for the purpose of the specl Ie 1 e months at a time: orderly and effective discharge of the business not more than twe v of the House of Representatives, make provision • life of Parliament shall Provided that the subsection for more than for the powers, privileges and immunities of the hi House and the committees and the members thereof, not be extended under t s five years, d' I tion of ParI iament Part III (6) If, after, a lSs~ u eneral election of SUMMONING.PROGA TlON AND DISSOLUTION and before the holding ~~sent:tives, the pres~dent members of the HOUt e R:P state of emergency Sen ions of 0: arlsi~g 84, (1) Each session of Parliament shall be held considers that ow ng 0 bi or any part thereof, t Parlia""nt, at such place within The Gambia and shall begin or existing in The Gam} aparliament, the President "tc. is necessary to recal hich has been dissolved at such time (not being later than twelve months W from the end of the preceding session if ParlJament may summon Lhe Parliament t shall be deemed to be has been prorogued or twenty-eight days from the to meet and the ParI iamen big but the general holding of a general election of members of the the ParI iament for th~ :~:e HO~S: ~f Representatives House of Representatives if Parliament has been election of members 0 Parliament that has been dissolved) as the President shall appoint, shall procee~ a,nfd o\hesooner dissolved, again st~nd recalled shal ,In inted for the nominat on dissolvt;d on ,the d:yge~~~~l election, (2) Subject to the provisions of subsection of candidates In th a (1) of this section, the sittings of the HOuse of Representatives shall be held at such time and place e President may at a,ny time SUll'llllon SUlmlloninr as the House may, by its Standing Orders or otherwise, 86, (L) Th H of Representatives, ..""tings ' determine, a meeting of the ouse , th" Housr Prorogat ion visions of subsection R"pus"nl 85, (I) The President may at any time prorogue (2) Subject, to the pro ections 38 and 39 of tiv"s, and dissolu· Parliament, (1) of thi;; st;ctlon and s~~ti~gS of the House of tion of this Const~tutl0?, the session of Parliament after Parlialll"nt. Y (2) Subject to the provisions of this Representanves In an t session shall be held at Constitution, the the commencement of tadh as the House sha 11 ParI iament. President may at any time dissolve such times and on such ays appoint, (3) If the HOuse of Representatives passes 'sions of subsection (6) c"n,,~" I 87 ° Subject to t,he prov,l tion a general eJection a resolution which is supported by the votes of t El .. <:tion~ a majority of all the voting members of that HOuse, of section 8S of thiS Constl ~ Representatives shall and of which not less than seven days' notice has of members of the: Hou~eh'~l three months after any been given in accordance with the procedure of that be held at such time Wlt t as the President may House, declaring that it has no confidence in the dissolution of Parliamen Government of The Gambia and the President does appoint, not within three days of the passing of that resolution dissolve Parliament, Parliament shall Chapter VII stand dissolved on the fourth day following the day on which that resolution was passed, THE JUDICATURE Part I (4) Subject to the provisions of subsect ion (S) of this section, Parliament, unless sooner THE COURT OF APPEAL AND THE dissolved, shall continue for five years from the SUPREME COURT f A al which [stabl; "I (1) There hall be a Court 0 ppe b ••• have such Jurisdiction and powers as may e .."nl of sholl CoutC ,,! Ap~,.I, 88 89 No. J [ 1970. The Constitution of the Republic of The Gambia No. [1970 71 12 The COIlSljllllion of the Repuhlic If The Gambia COnferred on by ,h. Constitution law. 0' any other " 90. (I) Th~ President of the Court of Appeal Al'l'ol"( ,lInl th ... Chillf Justice shall be appointed by t.he ...·nt ot (1) Th. judges of ,h. b. - Court of Appeal shall 1'1'011. j,l.'lIl. Jud" .. s 01 CouTl of (?) Th~ Justices of Appeal and the puisne AI'I'",,1 ,ud (a) ,h. President of the Court: judgel shall be appointed by the Preside.nt, acting Supr ..... in accordance with the advice of the JudiCIal Service Court. (b) such number, H any, of other judges CCKmlis!:ion. (hereinafter referred '0 a, "Justices of Appeal" which expression (3)(a) A person shall not be qualified to ,h. shall where context allows include ,h. President be lIppointed as a Justice of Appeal or as a judge of ,h. Court) a, may b. prescribed of the Supre~e Court unless - Parliament: by Provided that ,h. off ice of judge (0 he holds or has held off ice as of the Court of Appeal shall •no< b. a judge of a court having unl imi ted abolished while there substantive jurisdiction, in civil and criminal holder thereof: .. • mat.ters in some part of the .nd Commonweal th or in any country (e) the Chief Justice and other judges of outside the C~onwealth thut may the Supreme Court ex-officio, be prescribed by. Par1iam~nt or a court having Jurisdiction in (3) The Court of Appeal shall be a superior appellis from such a court: court of record and save aa otherwise provided by Parliament, shall have all the powers of such a.l is for any reason unable to exercise the functionl of his office, then, until a person .has Provided that the office of a puisne judge been lIppoint.ed t.o and has assumed the functlons shall not be abolished while there is a substantive of that. office or until the person holding that holder thereof. office has resu~ed those functions, as the ca~e rna be, they shall be exercised by such on.'~ of ~ e (3) The Supreme Court shall be a Superior (lt~er judr.es of the Court as may for t.h£: time being court of record and, save as otherwise provided ht! desi/o',nated in that behalf by the PreSident. by Parliament, shall have all the powers of such s court. (5) I f the off ice of Chief Just ice is vacant or the Chief Justice js for any reason unable ~ol (4) The Supreme Court shall sit in such places exercise the Cunctions of his office, t.hen, untl as the Chief Justice may appoint. a person has been appointed to. and has assumed ~he (unctions of that office or until the ~erson holding that office has resumed those functIons, liS the Co1se may be, they shall be exercise~ by .such one of the Justices of Appeal or the pUisne Jud/o',es or 90 91 No. J [1970. [1970. The Consll1ution ofthe Republic of The Gambia No. 73 74 The Constitution of the Republic of The Gambia such other person qualified to be appointed as a judge of the Supreme Court as the President may (8) Any person appOinted under subsection appoint: (6) or (7) of thIS section to act as a Justice of Appea I or as a pui sne Judge, as the cas~ may be, Provided that _ shall subject to the prOvisions of sectIon 91~4) of this Constitution, continue to act (o,r the J;le;lod (a) a fer son may be appointed under subsection of his appointment or, if no such period IS spec~fled, (4 or (5) of this section notwithstanding until his appointment is revoked, by the Presl~e-:'t. that he has attained the age prescribed acting in accordance with the adVice of the JudiCial for the purposes of section 91(1) of Se~vice Commission: this Constitution: and Provided that, notwithstanding the expiration (b) 8 person appointed under subsection (4) of the period of his appointment or the re,":ocation or (5) of this section may, notwithstanding of his appointment, he may thereafter continue to the assumption or resumption of the act as a Justice of Appeal or as a puisne judge, functions of the office of the President as the case may be. for so long as may be necessary of the Court of Appeal or the office to enable him to deliver judgment or to do any other of Chief Justice as the case may be. thing in relation to proceedings that were commenced by the holder of that office continue before him previously thereto. to act as President of the Court of Appeal or Chief Justice. as the case may be. 91. (I) Subject to the provisions of ,this section, Tenure of for so long thereafter and to such extent a person holding the of[ice of a Justice of Appeal office o[ as may be necessary to enable him to or the of[ice of a judge of the Supreme Court s~all Judges of deliver judgment or to do any other thing vacate that office when he attains the prescribed Court of in relation to proceedings that were age. Appeal ,m.l commenced before him previously thereto, Sup,eme Court, (6) If the office of any Justice of Appeal the ai;) :eos~Wr\~h:dta~~~ng theth~~rpo~:s ~~s su:~~~~~~~ iB vacant or if any Justice of Appeal iB appointed (1) of this section. a person holding the office to act as President of the Court of Appeal or is of a Justice of Appeal or the office of a judge for any reason unable to perform the fUnctions of of the Supreme Court may continue in office for hiB office or if the President of the Court of Appeal so long after attaining that age as may be necessary advises that the state of business of the Court to enable him to deliver judgment or to do any other of Appesl so requires, the PreSident, acting in thing in relation to pro~eedings that were commenced sccordance with the advice of the Judicial Service before him before. he attained that age. Commission, may appoint a person qualified for sppOintment as a Justice of Appeal to act as a Justice (3) A person holding the office of Justice of Appea 1. of Appeal or judge of the Supreme Court may be,removed from office only for inability to exerCise the (7) If the office of any puisne judge is functions of his office, (whether arising from vacant or if any such judge is appointed to act infirmity of body or miJld or any other cause) or as Chief Justice or is for any reason unable to for misbehaviour and shall not be so ,removed, except perform the functions of his office or if the Chief in accordance with the provisions of thiS section, Justice advises the President that the state of bU8i-:,ess in t?e Supreme Court 50 requires, the (4)(a) A Justice of Appeal or a Judge of t~e PreSident, acting in accordance with the advice Supreme Court may be removed from hiS offlc~ If of the Judicis1 Service CommiSSion, may appoint notice in writing is gIven to the Speak,cr, Signed a person who is qualified to be appointed as a judge by not less than one-third of all the vO~lng melJib,;rs of the Supreme Court to act as a puisne judge of of the House of Representath'es, of a motto!'"! alleging that court: that a Justice of Appeal or a judge of the Supr:lr.e Court, as the case may be, is unable tc? ,exerCise Provided that a person may act as a JUstice the functions of his office (whether anslng from of Appeal or as a puisne judge under subsection infirmity of body or mind or any other. cause) and (6) or (7) of this SectIon, notWIthstandIng that proposin~ that the matter should be Investigated he has attained the age prescrIbed for the purposes under thiS subsection. of section 91(1) of this Constitution, (b) Where a motion under subsection (4)(a) of this section is proposed for 92 93 No. I No. [197' [ 1970. The Constitution of the Republic of The Gambia The Constitution ofthe Republic of The Gambia 76 75 and ~ny such suspension on may at any consideration by the House of time be revokQd by the House by rQsolution Representlltives. the House shall not and shall. in any case cease to have debate the motion but the person presiding effect if. upon consideration of the in the House shall forthwith cause a report of the tribunal in accordance v,.o[te to be taken on the motion, and, with the provisions of this subsection, the motion is supported by the VOtes the House does not remove such Justice of not less than two-thirds of all the of Appeal or judge of the Supreme Court voting members of the HOuse, shall declare from office. the motion to be passed, (5) The prescribed age for the purposes (c) If a motion is declared to be passed of subsection (1) of this section is the age of under subsection (4) ('b) of this section _ sixty-five years in the case of a Justice of Appeal and Sixty-two years in the case of a judge of the 0) the HOuse shall, by resolution, Supreme Court, or such other age as may be prescribed appoint a tribunal which by Parliament: consist shall of a Chairman and not less than two other members. Provided that an Act of Parliament, to the whom on. of extent to which it alters the prescribed age aftet shall hold oc shall have held high judicial office; the appointment of a petson to be a Justice of Appeal or a judge of the Supreme Court, shall not have (ii) the tribunal shalJ investigate effect in relation to that person unless he consents the matter and shall report to that it should have effect. the Speaker of the HOuse of Representatives on the facts thereof; 92. A JUatice of A.ppeal Ot judge of the Supreme o.th. t" Court shall not enter upon the duties of his office t.ken by (iii) the Justice of Appeal or judge until he has taken and subscribed the oath of Judg",. n of the Supreme Court whose inabi I i ty allegiance and the oath fot the due execution of Court of to exercise the functions of his hiB office that is set out tn the Second Schedule Appul ~ of.fice is under enquiry in accordance to this Constitution. Supreen<' with the provisions of this Court. subsection, shall have the right to appear and to be represented 9]. (1) Where any ques~ion as to the intetpretation Jef"'n.n'· before the tribunal during the of this Constitution arIses in any proceedings in Supr ...... investigation by the tribunal of any subordinate coutt and the court is of the opin~on Court I" the facts of the case; that the question involves a substantial questIon C"S". In of law, the court may. and shall if any party to lng Int,· (i v) the House the proceedings so requests. refer the question shall consider the report union" of the to the Supreme Court. Const It" tribunal at the first COnvenient Sitting of the after HOuse (2) Where any question is referted to the the report rece i ved and may, on a motion supported Supreme Court in pursuance of this section, the votes by the Supreme Court shall give its decision upon the of not less "than two-thirds of all the Voting members of the question and the court in which the question atose House, resolve that the aforesaid shall dispose of the case in accordance with that Justice of Appeal or judge of the decision or, if that decision ia the suhject of an appeal under section 98 of this Constitution Supreme Court b. removed f rom of f i ce and H the to the Court of Appeal or the Judicial Commi.ttee, House on resolves, h. shall thereupon cease to in accordance with the decision of the Court of hold off i ce. Appeal or, as the case may be, the Judicial Committee. (d) If the question of removing a Justice of Appeal or judge of the Supreme Court Part II from office has been referred to a tribunal under this subsection, the HOuse of SUBORDINATE COURTS AND COURTS-MARTIAL Representa~ives may, by resolution, suspend that Justice of Appeal or judge of the 94. (I) Parliament may establish courts subordinate E1 94 95 No. J [ 1970. No. [1970. The Constitution of the Republic of The Gambia 77 78 The ConstitutioN of the Repuh/ic 0/ The Gambia 6uch cour.t shall, subject to the provisions of this 96. (1) Subject to the pl"ovision of sect.ion 70(6) Otlle, ConstitutIon, have such jurisdiction and powers of this Constitution. 8n appeal st",ll 11e as of App"al~ j, a8 may be conferred on it by any law. ri~ht. to the Court of ApP";Ji from an}: decision given Su!'rpm.· by the Supreme Court in the follo·... I!lf, ca!iCS, that Cour l .",.-1 (2) The Supreme Court shall have jurisdiction is to say:- APp<.!·li. to supervise any civil or criminal proceedings before any subordinate court or any court-martial and may final decisions in any eivi I proceedings nake such orders, iSsue such writs and give such where the matter in dispute on the appeal 1/l987 directions as it may consider appropriate for the is above the value of five hundred dalasis purpOse of ensuring that justice is duly administered by any such Court. or where the appeal involves directly or indirectly, a claim to or question respecting property or a right above (3) The Rules Committee established under the value of five hundred dalasis; Cap. 36. the Courts Act may make rules with respect to the practice and procedure of the Supreme Court in (b) final decisions in proceedings for relation to the jurisdiction and powers conferred dissolution or nullity of marriage; and on it by subsection (2) of this section. (c) such other cases as may be prescribed Part 11/ by Parliament. APPEALS (2) Subject to the provisions of section Appeah on 70(6) of this Constitution, an appeal shall lie 9S. (1) Subject to the provisions of section as of right to the Judicial Committee from any Con.titu 70(6) of this Constitution, an appeal shall lie tiona I que. decision given by the Court of Appeal in the following as of right to the Court of Apreal from decisions cases, that is to say:- tiona and of the Supreme Court in the fo lowing cases, that que.tion. is to say:- relatins to final decisions in ,lilY civil proceedings where the matter in dispu!:e on the appeal runda_ntal (aJ final decisions risht •• in any civil or criminal is of the value of five thousand dalasis l/t987 proceedings on questions as to the or upwards, or where the appeal. involves interpretation of this Constitution; directly or indirectly a cli!lm to. or and question respecting property or a rlg~t of the value of five thOU!iand dalasl!i (b) final decisions given in eXercise of or upwards; the jurisdiction conferred on the Supreme Court by section 28 of this Consti tution (bJ decisions in proceedings for dissolution (which relates to the enforcement of or nullity oi marriage; and fundamental rights and freedom); (c) such other caSC!i as may be prescribed and an appeal shall lie as of right di rect to the by Parliament. Judicial COllllJlittee from any decision of the Court of Appeal in sny such case. (3) Subject to tho:> provisions of section 70(6) of this Constitution, an appeal shall lie, (2) In this section with the leave of the court that gave the decision, from the Supreme Court to the Court. o.f Appeal. ,md (a) references to final decisions of the from the Court of Appeal tv the> JUdlcud Comllllttee Supreme Court shall be construed as in the following cases, that is to s:>y:- including references to decisions given in pursuance of section 28(4) or section (0) decisions in '"y c i \" i I iJl'occbli:~)',s wt>erc, 93(2) of this Constitution; and in the opinion of the cou!:"t th;lt gave the decision, the question involved in (b)' references to decisions of the Court the appeal i, one that, by reason of of Appeal in any cases specified in its great gen~ral Ot publiC importance subsection (1) of this section shall Ot otnerwine, ought to be submi tted to be construed as including references the Court of Appeal ot to the Judicial to decision given by that court on appeal Committee, the case m,y be; and from decision of the Supreme Court in " any such cases. 96 97 No. J The Constitution ofthe Republic of The Gambia [ 1970. 79 No: I ['970. 60 The Constitutio/i of t II e R epu bl"Ie 0>/ The Gambia (b) such other cases as may be prescribed by ParI iament. (4) I 1 shall lie a.5 of right. to che An appea sha II I ie to (1) An appea final deCISions given any COmmittee With the special the Judicial ~Y from any leave of the COltlmittee decision given by the Court ;~~~~~~na~~ur~OU;~omin any cas~ur~n w:;:c:, d~~iS~~~ IIny ciVil or criminal matter. of Appeal in decision of the subordinate c I would lie as of No .ppe.l hora of the Supreme Cour~f :;pe~)pe~nder section 96 of court of Ippe.l 96A. NotWithstanding the provisions of sections right to the Court this Constitution: to Judtct.l 95(1)(a) and 96(4) of this Constitution. when there commtctee dUflns is in force a proclamation published in the Gazette UUe of elRl!!:f declaring the existence of a state of public emergency Provided that pursuant to section 29 of this Constitution, no sency. in relult (a) an appeal shall not lie to the Supreme of offence. under appeal shall lie from the Court of Appeal to the given by a Judicial Committee in respect of any deCision, Court from a decision resuhCtonl IILIIde subordinate court in any such case if, under Emerlency judgement, order, Sentence or ruling relating to under any law - Pover Act. any offences created by or referred to in any regulations in force made under the EIIIergency POWera as of right from Act or any Act replacing the same. (0 an appeal lies rhe Court of Appeal; that decision to ~ Appeal. or hOllll .ub 91. (1) SUbject to the provisiona of subsection ordtn.te (2) of this section, an appeal ahall lie .. of right (it) l ies from that decision court ••nd an appeal I ith the to the Supreme COurt from final deCisions given t o the Court of Appea v Court._ by any subordinate Court or a court-mart is I in sny f h court that gave the _rUIi. civil or criminsl proceedings on question. .s to leave 0 t e of some other court the interpretstion of this Constitution (not being anddecision that leaveor has not been withheld: questions that have been referred to the SUpreme and COUrt in pursuance of section 93(1) of this Conatitution) or as to the contravention of any (b) an appeal shall not lie direct to the of the provisions of sections 13-27 (inclusive) Court of Appeal or dfr;ct to the Supreme of this Constitution (not being questions that have Court from a dec s on given by a been referred to the Supreme COurt in pursuance such csse if, of section 28(3) of this Constitution). subordinate court in any under any law - (2) An appeal from a deCiSion given by a 0) an appeal lies as of right frOID subordinate Court or a court-martial in any of the that decision to another subordinate caBes referred to in subsection (1) of this section court; or (a) shall not lie direct to the Court of Appeal: and (ii) an appeal to Ite~ fdriOn~t;ha;ou~~ci~~~h the another ;u tOhre court that gave (b) shall not lie direct to the Supreme Court leave 0 f other court if. under any lav • the and thatdecis,ion eave orh.o. n:~:een withheld. (0 an appeal lies ss of right from (4) An appeal shall lie frOID subordinate that deCision to snother subordinate court or a court-martial to - • court or court-martial: or (a) the Supreme Court; or (it) an appeal lies from that deCiSion to another aubordinate court or (b) the Court of Appeal court-martial With the leave of the Court that gave the decision in such cases (other than. th Q-(3) cases of thisreferred section) to or of some other COurt and that in subsection (1) or subsectl~n leave has not been Withheld. as may be prescribed by any Is . 98. (1) The provisions ofd th~hereunderJudicial fromCO!!lDlittee time Suppl."mc" Act, 183) and any rules mathe y relate to the powers t-lry. to time shall. in so far as e dure to be adopted of the CotnD'littee and the proce 98 99 No. J [ 1970. No. [ 197() Tire Constitution ofthe Republic of Tire Gambia 81 82 The COllstitlitiOIJ of lh,' Republic of The Gambia with relpect to proceedings before the Committee (c) he is. 0'- has at. any Lime du.-ing t.he 1"10 VIII npply in relation to proceedinga before the Committee said two yea.-s been, che holder of an lo.c.41. under thh Chapter and for that purpole Ihall be office in any organisat ion t.hac sponsors construed with luch modiflcationl, adaptationa, or ot.herwise supports, or t.hat has at. qualificationl and exceptions aa may be neceasary any tillle sponsored or ot.herwise supported, by realon of the nature of thoae proceedings otherwise (II candidate for eleccion as a ulI!lIIber to bring them into conformity with the provhions of the House of Representatives established of this Constitution. as aforesaid or of any local governlllent authoricy: or ' ..~ (2) Subject to the provia ions of thh Chapter provilion may 6e made by or under an Act of Parliament (d) he is a public officer. regulating the procedure to be adopted by the Court of Appeal with respect to any appeal to the Judicial (3) Subject to the provisions of chis seccion, Committee under thh Chapter or by the parties to the office of the appointed melllber of the COCDDIission uny luch appeal. shall become vacant - (3) Any deciaion given by the Judicial (a> at the expi rat ion of two yelJrs from the Committee in any appeal under thia Chapter shall date of his appointment: or be enforced in like manner aa if it were a decision of the Court of Appeal. (b) ;r .n, circulllstances arise chat, he were nat 'he ~ppointed melllber af" the (4) ne Judicial Committee ahall, in relation Commission, would cause him ta b. to any appeal to it under this Chapter in any case, disqualified ta b. appointed .. such have all the jurisdiction and powera poaseued in under subsection (2 ) af thil seccton. relation to that caae by the Court of Appeal. (4) The appointed member of the Commission may be removed frOCt office only for inability to PartlY exercise the functions of his office (whether a\"ising £rom infirmity of body or mind or any ocher cause) JUDICIAL SERVICE COMMISSION or for misbehaviour and shall not be so removed Judic:i.11 99. (1) nue shall be a Judicial Service excepc in accordance with che provisions of chis Service (:ommiuion which shall ~onsiat of - section. C_i .. lou. (a) The Chief Juatice, as Chairman; (S) The appOinted melllber of che Commission shall be rel!\oved frolll office by the President if (b) the Chairman of the Public Service the question of his removal from oifice has been Commission; and refe.-red to a cribunal appoinccd under subsection (7) of chis section and che cribunal has recommended (c) a member who ahall be styled "the appointed to che President chat he oughC to be removed from member" and who ahall be appointed by office for inability as aforesaid or for misbehaviour. the PreSident, acting in consultation with the Chief Justice. (6) If the Chief Justice represents to che President that the question of removing che appointed (2) A person shall not be qualified Co be member of the Commission under chis section ought ~he appointed melllber of the Commission if _ to be investigated. chen· (.) (.) he is a member af the House of the President shall appoint a cribunal Representatives; which shall consisc of a Chnirmlm and not less th.1n lw'O other members, I>elecced (b) he is, or has at any time during the by the Chief Justice, one of whom shall two years immediately preceding his hold or 'shall have held high judicial appointment been, nominated as a candidate office: and for election ss a melllber of the House of Representatives established for The (b) the tribunal shall enquire into the matter Gambia by Order of Her Majesty in Council and report on the facts thereof to che before che coming into operation of this President and recomoend to him whether ConstiCutlon; the Olppointed member ought to be removed unde.- this section. 100 101 No. J No. [ 1970. The Constitution ofthe Republic of The Gambia The COllstitllt;on of the Repuhlic of The Gambia 83 Provided thllt any decision of the CommiaBion (7) I f the question of removing the appointed shall require the concurrence of a majority of all member of the COCIImiasion haa been referred to a its members. tribunal under this section, the President, acting jn accordance with the advice of the Chief Justice, 100. 0) The power to appoint persons to hold may suspend that member from the exerciae of the Appoth! or act in any offices to which this section applies _nt ~I fUnctions of his office and any such suspension (including the power to confirm sppointments) the JUIUC;1t lrIay at any time be revoked by the PreSident, acting power to eleerc i se disci pI fnary control over persons officu In accordance with such advice aa aforesaid, and holding or acting in such offices and the pover ahall in any cas. cease to have effect if the tribunal to remove such pl!rsons froe office shall vest in recommends to the President that that member should r.ot be removed. the Judicial Service Commission. (2) The Judicial Service Commission may, (8) If the office of the appointed member by directions in writing and subject to such of the Commission fa vacant or i ( the person holding conditions as it thinks fit, delegate any of its that office ia (or any reason unable to eXercise povers under subsection (I) of this section to any the functions of hfa office, the PreSident, acting one or more of its lIIePlbers or to any judge of the in accordance with the advice of the Chief Justice. Supreme Court or to any perlon holding or scting u.ay appoint a peraon who fa qualified to be the in an office to which this section applies. appointed member to act as that member, and any person so appointed ahall. subject to the provisions (3) The offices to which this section applies of subsection (3) of thfa section, continue to act are - ~ntil the office in which he is acting is filled c·r, as the caae may be. until the holder thereof (.) the office of Registrar or Aulatant resumea hia functions or until hia appointment to Registrar of the Supreme Court; act ia revoked by the PreSident, acting in accordance with the advice of the Chief Justice. (b) the office of Magistrate; (9) The appointed member of the Commission (c) subject to the provisions of subsection shall not enter' upon the duties of his oHice until 102 \03 No. No. I [ 1970. 0; Thl' Consfillifioll u/thc Republic of Thl> Gambia The Conslilulion oflhe Republic of The Gambia B> ;wtho,;,,;]' 10'•. (!) The Mlnist.:-r for the tune belli/, t ion u( c. rt!spon~ " b I €' for f I nallce shall cause to be prepi'! red Chapler VII l"-'nd,tuT<' .Jlld IJld before the 1I0u~e of Represent.lltlves in {~o", (:onso each financial year estimat.es of the revenues FINANCE ! id.n.,d 1/." ,lIld expenditure of The Gambia for the next follow!n,.. Reatrietion v"nu" I'on 105 104 ,. '..- ':f{f 1 [1970. No. .r I R b/"c 01" Tlw Gambia JIIU. , [ 1970. The COllstitutioN OJ I Ie epu I '.I 66 The Constitution of the Republic of The Gambia 87 1 in this seetion shall .be (1) NothIng d' the provi!;ions of section construed as pre)u \Cl~& (hich proceets pension 106. (1) Parlia.ment blay make provisions (O~ ContJnll.en· 116 o{ lhlS Con!illtUtiOn w s a public. oUicer). the establishment of a Contingencies Fund and elf!. rund. fights in respect of service a 1 for: authorising the Minister for the time being ""hieh The Cembia responsible (or finance, if satisfied [hllt there lOS. (1) All debt charges f~~ the Consolidated has arisen an urgent nnd unforseen need (or Publit" d"bl. is liable shaH be charged expenditure for which no other provision exists, Revenue Fund. to make advances from that Fund to meet that need. o( this sect.ion, debt (2) Fof the. purp~~es sin);ing fund charRes, 1 (2) Where any advance is made from the charges include lnt.ete , .on of debt and BlI Contingencies fund, 11 supplemen&ary estimate shllil the repayment. or Dmort.Js;1t1witb the raising of be presented and a Supplementary Appropriation (>xpl'nd i lure In co~nect ltf\he Consol ida ted Revenue bill shall be introduced as soon as possible for loans 00 tile secunty ~ redempcion of debt creAted the purpose of replacing the amount so advanced. fund and t.he se'fvice an thereby. 1 107. (1) There shall he paid to the holder9 kemuTlera w Audit (I) There sh;):1l be a Direccor of the offices to ..,hich th18 st:!ction applies such t ion for eel"· 0' Oir"cln. nf 109. salory and such allowances e.s ma)' be prescribed tatn <1{Hccrs office sholl be a public office. Audit. \Jllose by Pad iament. t'-e duty of the DirecCo-C (2) It shall be " (2) Any Salaries and any a llowance& of Audit: - 1 prescribed in pursuance of this section in respect r h·DHlelf that the pro ... isi~f16 of the holders of the offices to which this section (a) to satls y I of this Constit.utlOn applies snaIl be a charge on the Consolidat.ed of this Chapter Revenue Fund. arc being complied with; ., hi self chat Doll moncys (3) The salary prescribed In pursuance (b) to satlS y til • db Parllamcnt 1 of this gection in respect of the haloer of any that have been approt'rlate r d co the oHice to which this Bection applies and his: other and eltpen~eo ha"'~i :en t~~~ Ie were so terms of aervice (other than allowances that are purpose~ to : tChat the expenditure not taken Into account in computing, unde'f any appropriated .. ~n authority that governs law in that behalf, any pension payable 10 respect. conforms t.o .. "e of his service in that o£ficc) shall not be altered i l; ood 1 to hie dhl.ldvantage after his appointment. (4) Where a person's salary or other terms of service depend upon his option, the salary or t.erms for which he Opts shall, for the purposes of /Jubsect,ion 0) of this section. be deemed to 1 be more advantageous to him than any ochers for "'hich he might h4ve opted. 0) Thh Section applies to the offices of a Justice of Appeal. a judge of the Supreme Court, a member of the Constituency Boundaries 1 COlllmiss ion. a member of the Pub! ic Service Commission snd the Director of Audit. (6) In relation to a person who, not being a public C'fiice:r, is for the time being designated under seCtion ~4(2) of this Canstit~tjon to exercise 1 the functions of the office of Supervisor of Elections, this section shaH also apply to that c! rice anc shall so apply as if that person were of Audit. shall submit the holder of that office. in pursuance of subsection the Minist.e r for the t.ime 1 1 107 106 1 1 " "10. I [ 1970. No. [1970. The Constitution ofthe Republic of The Gambia 8. 90 The Cunstitutiun of the Republic of The Gambia being responsible for finance who ahall. not later sponsors or otherwise supports, or tban seven da,. after the House of Representatives that has at any time sponsored or firat meets after be has received the report, otherwise supported, a candidate for lay it before the Houae: and if the Hinister for election as a member of the House of the time being responsible for finance shall make Representatives or of any such House default in laying the report before the Houae, of Represent.atives est.ablished as the Director of Audit ahall submit the report aforesaid or of any 'local government to the Speaker of the Houae (or if the office authority; or of Speaker t. vacant, or If the Speaker ia for any reason unable to perform the functions of (d) he is a public officer, his office, to the Deputy Speaker) who shall cause it to be laid before the House. (3) A member of the Coatmission shall not. except liith the leave of the Preaident, within (5) The Director of Audit shall exercise the period of two years c()Ulglenclng liit.h the day Bueh other functions In relation to the accounts on which he last held or acted In t,he office of of the GOVernment of The Gambia or the accounts member of the Commission, be . eligible for of other authorities or bod leA establiahed by appointment to or to act in any public office law for publ1c purposu .. Clay be prescribed by other than an office to which section 11) of this or under an Act of Parliament. Constitution applies. (6) In the exercise of hiB functions under (4) Subject to the provisions of this subsections (2), (3) and (4) of this aection, section, the oUice bf a member of the Commission lhe Director of Audit shall not be subject to shall become V3cant the direction or control of any other peraon or authority. (a) at the expiration of two ,ears from Chapter IX the date of his appointment; or (h) if any c:ircumst.8nces arise that, if THE PUBLIC SERVICE he were not a member of the Commission, would cause hill to be disqualified 110. (1) There ahall be a Public Service Public to be appointed as such under subsection Commieaion which shall conaiet of a Chairman and SerVice (2) of this section. a Vice-Chairman and not leaa than two nor more CoaaisBion. than four other members, who shall be appointed (5) A member of the Commission may be removed by the President. I from office only for inability to exercise the functions of his office (whether aris.ing from (2) A person shall not be qualified to inf i rmi ty of body or mind or any other cause) b. appOinted a. a member of the Commiuion if _ or for misbehaviour and shall not be ,so removed I except in accordance with the provisions of this (a) he is a member of the House of section. Representatives; (6) A member of the Commission shall be (b) he is, or has at any time during the removecl from office by the President if the question two years immediately preceding his of his removal from office has been referred to appointment been, nominated as a :l tribunal appointed u.nder subsection (7) of this candidate for election as a member section and the tribunal has recommended to the of the Hause of Representatives or President. that the member ought to be removed of any such House of Representatives ieom office for inability as aforesaid or for establ ished for The Gambia by Order misbeh3viour. of Her Majesty in Council before the coming into operation of this (7) I r the President considers that the Constitution; question of removinr, a member of the COIIII!1ission under this section ought to be investigated, then· (e) he is, or has at any time during the said two years been, the holder of an office in any organisation that 108 109 No.1 [1910. The Constilulion of the Republic of The Gambia 91 No. l191t' 92 The Constitlllioll of the Republic of The Gambia (8) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected Constitution not be by the Chief Justice, one of whom shall or control of any o'h.~ Subject to the direction hold or shall have held high judicial • person or authority. office: and (13) The Commission III b otherwise regulate it ay y regUlation or (b) the tribunal shall enquire into the the consent of the P; ?;" procedure and, with matter and report on the facts thereof or impose duties on CSI ent, may confer powers to the President and recommend to him authority of the Go any public officer or any whether the member ought to be removed the purpose of the exe;~r~mentf ,of The .Ga~bia for under this section. e ° ts functions. (14) The CommisSion (8) If the question of removing a member rules of proc d lIIay, subject to its of the Commission has been referred to a tribunal in its membe~s~~;' ::t t~otwlthstandlnR any Vacancy under th:.s section, the President may suspend ;'Ind its proceedings .hali of any member absen~enot that mem~er from the exercise of the functions the. pre"ence or participatl t invalidated by of his of Bce and any such suspension may at any cnt It J ed to be present on 0 any person not time be revoked by the President, and shall in thOse proceedings: lit or to participate in any case cease to hove effect if the tribunal recocnmends to the President that that member should Provided that not be reu,oved. any decision of the Commission shull require the concurrence of • majority of tilt its members. (9) If the office of Chairman of the COllll!lissior. is vacant or if the person holding AI'fW'int· Ill. (1) Subject to the that office is for any reason unable to exercise oocnt "I c. Qr Constitution, the rower provisions of this the function!'! of his o££ice, then, until a person I'ubl Ie h<;,ld or IICt In 0 fic~s tio appoint persons to h;'ls been IIppointed to and has assumed the functions' .,rr I"t·rs. (Including the power n the public service of that office or unti I the person holding that the power to exercise t; conC.ina appointments), office has resumed those functions. as the case persons holding or acti isc~pllnary control over may be, they shall be exercised by the Vice-Chairman the power to remOVe s n" In such offices, and or in his absence by such one of the other members shall vest In the Publi SUC persons from offices of the Commission as may [or the time being be c ervice Commission. designated in that behalf by the President. (2) The Public Service Commiss,·on by directions in writing and b ma)" (10) If at any time there are less than conditions as it thinks rit su ject to such two members of the Commission besides the Chairman powers under subsection (I)' delegate any of its of this aection or if any such member is acting as Chairman or anyone or more members of the C to is for anv reason unable to exercise the functions wi th the consent of the President. ommission or, of his o(flce, the President may appoint a person officer. to any publ ic who is q\..alified to be appointed as a member of the Commillsion to act a!' a member, and any person (3) The provisions so appoir ted shall, subject to the provisions not apply of this section shall in relation to the follOWing offices, of subsection (4) of this section, continue to that is to S3Y:- act until the office in which he is acting has been filled or, as the case may he, until the (a) the office of JUstice of holder tht!reof has resumed his [unctions or until Appeal his appointment to act has been revoked by the Judge of the Supreme Court; President. (b) the of.fice of Director of Audit (II) A member of the Commission shall not (e) enter upo., the duties of hi!' office until he h" any ('Office to which section 100 of ,nd this CO~stitution (which relates to taken and subscribed the oath of allegiance the offices within the the oath for the due execution of his office that jurisdiction of the Judicial Service is set out in t he Second Schedu I e to this applies; Cotnmission) Constitution. (d) any (12) Subject to the provisions of section 1/198; office to which section 11) of this Cons~itution (which 123(5) of this Constitution, the Commission shall. the' relates to in the exercise of its functions under this OffiCeS of the prinCipal 11 () 111 [197U No. No. I [ 1970. The Constitutiull 0/ the Republic of The Gambia The Constitution ofthe Republic of The Gambia 93 the provisions of $l.Ib!:(>ctio!'ls (3). ('j) and (7) representatives of The Gambia abroad) of this section, continue to act .unci1 a person applies; has he en appointed to the oHiee of Director of Audit lind has assumed the functions of [hat office, (e) the office or Secretary General 0' or. as the case may be, until the person in whose Permanent Secretary or Secretary to 1/1987 place he is acting has resumed those functions. . the Cabinet 0' Establishment Secretary; (3) Subject to the provisions of subsection (f) subject to the provisions or section 0) of this sect.ion. the Director of Audit shall 115 or this Constitution any office vacate his o[fiee when ·he attains the prescribed in 'he Police Force; ilge. (g) the office of CommiSSioner; or 18/1979 (4) A person holding the office of Director of Audit may be removed from office only for (h) the office of Executive Secretary, )/1980 inability to exercise the functions of his o£fice Women's Bureau. (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall (4) No person shall be appointed under not be removed except in accordance with the this section to or to act in any office on the provisions of this section. President's personal staff except with the concurrence of the President. (S) The Director of Audit mny be remov~d from office if the House of Representatives resolves (5) Before any of the powers conferred thal this matter should be Investigated under by this section in relation to the Clerk of the this section, in which circumstance - House of Representatives or a member of his staff are exercised by the Public Service Commission the !louse shall, by resolution. appOint or any other person or authority, the COIIImisslon a tribunal which shall consist of a or that person or authority shall consult with Chu i rman and not less than two other the Speaker of the House. meUlbers, one of whom sha 11 hold or shall have held high judicial office; (6) Before the Publ ic Service Commission or any other person or authority exercisea its (b) the tribunal shall enquire into the powers under this section to appoint to or to matter and report on the facts thereof act in any public office any person who holds to the House; and or is actiQg in any office the power to ma~e appointments to which is vested by this Constitution (,) the House shall consider the report in the Judicial Service Commission. the Public of the tribunal at the first convenient Service Commiaaion or that person or authority Sitting of the House after the report shall consult with the Judicial Service Commission. is rece i ved and may, upon such consideration. by resolution reUlove (7) A public officer shall not be removed the Director of Audit from office. from office, or subjected to any other punishment under this section on the grounds of any act done (6) If the question of removing 3 person or omitted by him in the exercise of a judiCial holding the office of Director of Audit from office function conferred on him unless the Judicial has been referred to Ii tribunal under this section. Service Commission concurs therein. the House of Representatives may, by resolution, suspend that person from. performing th! functions 112. (I) The Director of Audit shall be appOinted Director or of his office, and any such suspensIon may at by the President, acting in accordance with the Audit • any time be revoked by the House by resolution advice of the Public Service Commission. and t=hall in any case cease to have effect if. upon consideration of the report of the tribunal (2) If the office of Director of Audit in accordance with the provisions of this section. is vacant or if the Director of Audit is for any the House does not remove the Director of Audit reason unable to exercise the fUnctions of his from o£(ice. office. the President, acting in accordance with the advice of the Public Service COCIIIIission lIIay (7) The prescribed age for the purposes appoint a person to act as Director of Audit, or subsection (3) of this 5ection Is the age, of and any person so appointed shall. subject to 113 112 No. J [ 1970. No. [197(1 The Constitution· of the Republic of The Gambia ., 9; The ConMillllioll of the Republic of The Gambia fifty-five years or such other age as may be offices, and [he power to remove such persons prescribed by Parliament: from office shall vest in the Public Service Commission. Provided that an Act of Parliament, to the (3) The Public Service Commission may, extent to which it alters the prescribed age after by directions in writing and subject to such a person has been appointed to be or to act as Director of Audit, shull not have effect in relation conditions as it thinles fit, delegote any of Its to that person unless he consents that it should powers under subsection (2) of this section to have effect. anyone or more of its members or, with the consent of the President, to the Commissioner of Police or to any other member of the Police Force. 113. (I) The power to appoint persons to hold Pdndpal or act in offices to which this section applies representa (4) The power to appoint peroons to hold snd to exercise disciplinary control over or to tives of The or act in offices in the Police Force of or below remove from office persons holding or acting in Gambia the r::mle of Chief Inspector (including the power such offices shall vest in the President. abroad. to confirm appointments), the power to eXercise di~ciplin3ry control over persons holding or acting (2) The offices to which this section applies in such offices, and the power to remove such are the offices of Ambassador. High Commissioner persons from office sholl vest in the Commissioner or other principal representatives of The Cambi~ of Pol ice. in any other country or accredited to any international organisation. (5) The Commissioner of Police may, by directions given in such manner as he thinks fil 114. (1) The power to appoint to or remove from Secretary and subject to such conditions as he thinks fit, office of any person holding the office of _ General, delegate any of his powers under subsection (4) ' ...... nent Secre of this section to any other member of the Pol ice (a) Secretary Ceneral; tary, rltabliah Force. .... nt Secretary, (b) Permanent Secretary; C""","ilalontr and (6) ParI iament may provide that. where Executive Secre the power to exercise disciplinary control over (c) Establishment Secretary, tary, WOIIItn', any member of the Police Force (inc[uding the Bureau. (d) Commissioner, or PO\-Ier to remove him from office) has been exercised under subsection (4) or subsection ($) of this section by any melllber of the Pol ice Force (e) Executive Secretary, Women's Bureau (hereinafter referred to as "the diSCiplinary authority"), the member of the Police Force in shall vest 1n the President acting after consultation with the Public Service Commission. respect of whom it was so exercised may appeal from the decisions of the disciplinary authority to the Public Service Commission: (2) In this section and in section 11l(3)(e) of this Constitution, "the Establishment Secretary" means the public officer who is for the time being Provided that Parliament or (in the case in charge of staff and establiahment matters in of the exercise of a power under subsection (5) respect of the public service. of this section) the COIIIIIIissioner of Police may require appeals to be made to a member of the Police Force of higher rank. than the diSciplinary liS. (1) The power to appoint a person to hold Police authority before they are made to the Public Service or act In the office of Commissioner of Police Force. and the power to remove the Commissioner of Police Cornmiss ion. from office shall velt in the President acting after consultation with the Public Service (7) In this section "Commissioner of Police" Commi III ion. means the officer. by whatever name called. commanding the Police Force. (2) The power to appoint persons to hold or act in offices in the Police Force below the (8) If provision fa made by or under any ranle of Commissioner of Police but above the rank law - of Chief Inspector (including the power to confirm (a) altering the ranks into which The Cambia appointments), the power to exercise discipl inary c..:.p. 144. control over persons holding or acting in such Police Force establhhed by the Police Act is divided; or 114 115 .. No. I [1970. [ 1970. No. The Constitution 6/the Republic 0/ The Gambia The ConItillllifl" fI/lhe Republic o/The Gambia 97 " (b) eatabl hhing a police force other than (4) All pensions benefitS Shilll (except The Cambia Police Force or altering to the extent co which, in the case of bene£its the ranka into which any auch other under the Widows' and Orphans' Pensions Act or police force fa divided" under any law amending or replacing chac Act, or under any other law providing for the funding the Public Service Commieaion may, by order of pens ions bene fits, they are a charge on a fund publiahed in the Official Gazette, apecify aome established by that Act or by any such law and rank (other than the rank of Chief Inspector) have been duly paid out of that fund to the person in The Cambia Pol ice Force or, aa the caae ma, or authority to whom payment is due) be a charge be, in that other police force aa betng equivalent on the Consolidaced Revenue Fund. to the rank of Chief Inapector aa it exists in The Cambia Police Force under the law in force (5) All sums that, under the Widows' and immediately before the coming into operation of Orohilns' Pens ions Act or under any law amend I ng thie Conatitution and the references in subsectiona or' replacing that Act, or under any other law (2) and (4) of this section to the rank of Chief pro','iding for the fUnding of pensions benefit~, In.pector shall then be con.trued as if they were, are to be paid by the Government of The CambIa in relation to The Gambia Police Force or, as into any fund established by that Act or by any the caae may be in, in relation to that other such lilW or are otherwise to be paid by the police force, references to the ranle for the time Cuvernment of The Gambia for the purposes of that being ao .pecified, Act or any such law shall be a charge on the Consolidaced Revenue Fund. 116. (1) The law to be applied wi t.h respect to any pensions benefits that were granted to (6) In this section, "pensions benefits" any person before 18th February 196; shall be Protection of me3ns any pensions. compensation, graCulties or the law that was in force st the date on which other I ilee allowances for persons in respect of those benefits were granted or any law in force their service as public officers or [or the wid,?ws, at a later date that is not less favourable to children, dependants or personal re~resentatlves that person. of such persons in respect o[ such serVice, (2) The law to be applied with respect (7) Reference in this section to the law to any pensions benefits (not being benefits to wit.h respect to pensions benefit.s include (wichout which subsection (1) of this section applies) ahall prejudice to cheir generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant (a) in so far as those benefits are wholly of such benefits may be refused, the law regulating in respect of a period of service as the circumstances in which any such benefits thl!t a public officer that commenced before have been granted may be withheld, reduced In 18th February 1965, be the law that amount or suspended" and the law regulating che was in force on 17th February 1965; and amount of any such benefits, (8) For t.he purposes of this Consti-tution (b) in so far as 'thoae benefits are wholly and any law with respect to pensions, the Pens ions or partly in respect of a pertod of Authority ahall be - lervice aa a public officer that commenced after 17th February 1965, (,) in relation to the offices of Chief be the law in force on the date on Justice, Justice of the Court of Appeal, which. that period of aervice commenced, Puisne Judge, Auditor General, or any law in force at a later date Commissioner of Police, Hast.er, that ia not leaa favourable to that Magistrate, Registrar .nd Assistant peraon, Registrar of the Supreme Court, the President acting in his discret.ion; (3) Where a person is entitled to exercise and an option a. to which of two or 1II0re laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or lawa, 116 117 No. I [ 1910. No. [1910 The Constitution of the Republic of Tile Gambia The Com/ill/lio" of/he Republic of The Gambia •• 11'0 (b) in relation to any other office to Chapter X which any pension laws apply. the accordance with Preaident acting in TRANSITIONAL PROVISIONS the advice of the Public: Service R.·t,,·a 1 .. I Comm t .. t on. C,,""I i I u- 118. Subject to the provisions of this Chapter, 1 ion" I in- the Act of Parliament of the United Kingdom entitled PO'Wll'r to 117. (1) Where under any law any person or U ,,,,,,,.'n' s. The Gambia. Independence Act, 1964 and The Cambia withhold authority haa a discretion - I I r:11 it.!. Independence Order, 196':1 (hereinafter referred peonlJtonlJ .. , c. c.'I J LO as "t.he e)(isLing Order") are hereby repealed. (.) to decide whether or not any pensions I •• N. '1ft ':I"" benefits ahall be granted; or ".1. I"{o', 119_ (I) The existing laws shall continue to H•• , II', be the law of The Gambia 8S from t.he commencement (b) to withhold, reduce in amount or suspend or this Constitution and shall be construed with any auc:h benefits that have been granted. E-:i ~I ; ng such modi flcat Ions, adaptations. qual I fications I." .... ~ and exceptions as may be necessary to bring them thoae benefits shall be granted and lIIay not be int.o conformity with this Constitution. withheld. reduced In amount or suspended unless the Public: Service Commission concurs in the refuaal (2) Where. any matter thot falls to be to grant the benef i ta or. 88 the case may be. prescribed or otherwise provided for under this in the decision to withhold them, reduce them Constitution by Parliament or by any other authority in amount or auspend them. or person, is prescribed or provided for by or under Un existing law (including any amendment (2) Where the amount of any penaions benefits to any such law made under this section) or is that may be granted to any person is not: fixed otherwi~e prescribed or provided for immediately by law. the amount of the benefi ts to be granted bel ere the commencement of this Constitution by to him shall be the greatest amount for which or under the existin~ Order, that prescription he fa eligible unless the Public Service COlIIIDission or prnvision shall, as from the COlIIIDencement of concurs. In his being granted benefits of a amaller this Constitution, have effect (with such amotlnt. modifications, adaptations, qua1.ificBtions and exceptions as may be necessary to bring it into (3) The Public Service COlIIIDission shall conformity with this Constitution) as' if it had not concur under subsection (1) or subsection been made under this Constitution by Parliament (2) of this section in any action taken on the or, as the case may require, by the other authority ground that any person who holds or has held the or pe-rson. ,)ffice of Justice of Appeal. judge of the Supreme Court. or Director of Audit has been guilt)' of (3) The President may, by Order, made at misbehaviour in that office unless he has been any time before 24t.h April, 1972. make such removed from that office by reason of such amendments to any existing law as may appear to misbehaviour. him to be necessary or expedient for bringing that law into conformity with the provi5ions of (4) Before the Public Service Commission this Constitution or otherwise {or giving ef{ect concurs under subsection (1) or subsection (2) or enablin~ effect to be given to the provisions of this u~ctlon in any action taken on the ground of this Constitution. that any person who holds or has held any office to which. at the time of such action, section (4) The provisions of thi!> section shall 100 of this Constitution applies has been guilty h. wi thout prejudice <0 .ny pOlo·ers conferred by of mhbehaviour in that office, the Public Service this Constitution 0' by any oth(!r 10111 upon .ny COlIIDlssion ahall consult the Judicial Service person 0' authority 118 119 -la. I [ 1910. The COllslilUlioll o/Ihe Republic 0/ The Gambia 101 No. [19711 Tire COllslillllion o/Ihe Republic The Gambia 102 0/ the law of The Gambia or of any part thereof immed~ate!y before the COmmencement of this Co~stltu,t,lon or any Act of the rnrliament of the (I" The provisions of this secLion stull I Unlted,I..:lngdom or Order of Her Majesty in Council lH! without prejudice to the provi!lions of secLion so haVing effect. 121 of this Com:titution. 120. (I) Where any office has been established Exillt ing (5) In this secrion, "existing law" means by or unde,r the eXisting Order or any eXlstln officc~s. such a law as is referred to in section 1190) law and thiS ~onstltutlon estab) ishes or provlde~ of this Constitution. for,the establishment of a simiinr or an equivalent office, any person who, immediately before the (6) In this section, "pensions benefits" ~o~ence~ent of this Constitution, holds or is means any pens ions, compcnsllt ion, gratui ty or actll;g In t~e former office shall, so far as is other like allow.mccs for thl'! holder of that offic(~ ~onslstent With the provisions of this Constitution in respect of his service as a publiC officer e deemed as from the commencement of thi~ or for the widow, children, dependants or personal Consti~ution to have been appointed, elected or representative of such holder in respect of such ~~h7rwlS.e selected to or to act in the latter service. flc: In. accordance with the provisions of this COnstitution: (1) Reference in this section to the law with respect to pensions benefits include (without Provided prejudice to their general ity) references to the law regulatinp, the circumstances in which such (i) that any person who, under the benefits may be granted or in which the grant existing Order or any existing of such benefits may be refused, the law ref,uialing law, Would have been required the circumstances in which any such benefits that to vacate his office at the have been granted may be withheld, reduced in expiration of any period or on amount or suspended and the law regulating the the attainment of any age shall amount of any such benefits. vacate his office at the expiration of that period or on the attainment P.a..-ll~nt. 121. (1) The House of Representatives constitut.ed of that age; by the existing Order (hereinafter referred to as "the existing House of Representatives") shall (ii) that no alteration made in the be the !louse of Representatives durinf, the period fUnctions. powers or duties of beginning with the comreenccment of this Constitution any office by this Constitution and ending with the first. dissolution of Parliament shall entitle the holder thereof thereDfter. for the purpose of any law with respect to pensions benefits (2) The constituencies into which The Gambia to be treated as if his office was divided il!llllediiltely before the commencement nad been abolished. of this Cnnstitution ilnd until other provision is made in that behalf in accordance with this ~ ,(2) ,Any person who. hy virtue of this Constitution to be the constituencies into which .e:tIOn, I.S d,eemed as from the commencement of The Gambia is divided in pursuance of section thl!l ConS~ltutlon Lo h/lve been appointed, elected 62 of this Constitution; and the persons who, or otherWise selected to hold or act in any office immediately before the comment;clI'ent of t.his Shill I also be deemed to have tllken and subscribed Constitution, are the eiect'!d member~ of thl.! lilly necessary oath under this Constitution. (,,,isting House of Representatives representinr, those cO!lst,itucnci'~s. shal t he deeDled 011' iro!ll (3) A person who is a member of the PubJ ic the commencement of this Constitution to have Service Commission establ jshed by the existing been elected to the House oi Representatives in Order may. notWithstanding that, by reason of accordance with the provisions of this Constitut on his haVing held or been nominated for election as the elected members represent in; the respect ve to any office before 2(.th Apri I 1970, he i~ constituencies corresponding to those constituenc es disq~alified, to be appointed as a memher of the and shall hold their seats io accordance w th Publl: S,ervlce Cor.unission eSlilblished hy thi~ those provisions, ConstitutIon. COntinue in office under this section as a member of that Commission and be re-appointed thereto upon the expiratinn of his term of office. 120 121 lo. I [ 1970. [1970. The Constitution of the Republic of The Gambia No. 10) 104 The ConstilUfioli (~f the Republic of The Gambia (3) The registers of voters having effect immediately before the commencement of this (8) P'lrl iament shall, unless sooner Const.itution for the purposes of elections to d i ssol ved, 5tand cI i S50 I ved t.wel ve months aft.er the existing Houae of Represcntlltives 5h 122 123 No. J [1970. The Constitution of the Republic of The Gambia No. 1o, 10. The Constitution of the Republic of The Gambia 123. (1) The provisions of this section shall Appeals In have effect for the purpose of enabl ing an officer re.pe.:t of (0) one lII_ber .el.cted by the other members Of to whom this section appl ies his personal .:~rt.ln d".:I Jointly (or, in dehult of agre':lDenl representatives to appeal against any of the between thoae lIIePlber., by the Judicial following deCisions, that is to 8ay:- ilion, aU"ct Ing p"nlllon, Service ComDt •• ion) who .hall be the b"nl'fitl. Chairman of the Board. (s) a decision of the Public Service COllllllission to give Buch concurrence (4) The Appeals Board ahall enquire into as is required by section 1I7(l) or the facti! of the c.ae. and for that purpoae - section 117(2) of this Constitution in relation to the refusal, withholding, (a) .hall if the applicant 110 requuts reduction in amount or suspending of In w;ltlng, hear the applicant either any pensions benefits in respect of in erllon or b, • le8al repre.entative such an officer's service as a public of tia chotce, according to the tenu officer; of ,the request, and shaU consider any representations tbat he wishes (b) a decision of any authority to remove to make In vrtting; such an officer from office if the consequence of the removal is that (b) may hear any other person who, In tne any pensions henefits cunnot be griJnted optnion of the Board ta able to gtve in respeCt of the officer's service the Board Information on tbe c ••e; as a public officer; or and (c) a decision of any authority to take (0) ahall have acceaa to, and ahall conaider, some other disciplinary action in all documenta that were available to relation to such an officer if the the authority concerned and shall also consequence of the action is, or in conaider any further document relating the opinion of the authority might to the caa. that ma, be produced by be, to reduce the amount of any pensions or on behalf of the applicant or the benefits, that may be granted in respect authority. of the officer's service as a public officer, (5) When the Appeals Board ha. completed its consideration of the ca.e, then - (2) \.lhere any such decision as is referred to in subsection (1) of this Section is taken (aJ if the decraion that is tbe lIubject by any authority, the authority shall cause to of the reference to tbe Board is .uch be delivered to the officer Concerned or to his a decision a. II mentioned in paragraph personal representatives, a written notice of (3) tr application is duly made within (b) if the decision that's tbe subject the time Stated in the notice, the authority shall of the reference to the Board is 8uch [Iuti Iy the PreRident in writing of that application a decision aa i8 referred to in paragraph and the President shall thereupon appoint an Appeals Hoard conSisting of _ (b) or paragraph (c) of subsection (1) of thia lIection, the Board shall not have pover to adviae the authority (a) one member selected by the President; concerned to affirm, reverse or modify the declaron, but - (b) one member selected by an association repreSentative of public officers or (I) where the officer has been removed a profeSSional body, nominated in either from office, the Board may direct case by the appJ icant; Dnd that there ahall be granted all or any part of the pensions 124 125 NO.1 No. [1970. The Constilution oflhe Republic of The Gambia 108 The Constitution of the Republic of The Gambia 107 benefits that. under any law Compulsory 124. (1) If the PreSident so requests, the mig~~ have been granted in respect cpr i, ,,'."·nt~ authorities having power to make appointlllent~: to iac'! It,ltp in any branch of the public service shall consider fr .: aeht'vice as II J'ublic officer at he ad retire voluntarily :'1'J> (8) is deSignated under the Overseas Servi( Aid Schelile: and 126 • 127 [1970. [1970. No. The Constitution of the Republic of The Gambia The Constitution of the Republic of The Gambia 109 110 Provided that, where the hearing of a (b) is, illllllediately before the commencement diSCiplinary proceeding has begun but has not of this Constitution, a member of Her been completed ilmlediately before the COllllIlencelllent Majesty's Overseas Civil Service or of this Constitution, the continued hearing shall Her Majesty's Overseas Judiciary; or not be held before any person unless the hearing t~at has already taken place was also held before is an oversess officer who, after the • him: and where, by virtue of this proviso the commencement of this Constitution, hearing cannot be continued, it shali be is appointed to any publ ie office recommenced. (otherwise than on promotion or transfer from another public office) and who Legal 126. (1) All proceedings that, hmaediately before is notified, at the time of his proceedings. the commencement of this Constitution, are pending appointment, that this section will befor~ any court establ ished by or under the apply to him. ~xistlng O~der or by or under any law continuing In operation under the existing Order lIIay be (4) In this section, "overseas officer" continued and concluded after the cOllllllencement means an officer in the public service who is, of this Constitution before the corresponding either individually or 89 a member of a class, court established by this Constitution or by or declared by the appr0p,riste Cocnmission to be an under an existing law. overseas officer, and 'the appropriate Commission" means (2) Any decision given before the commencement of this Constitution by any such (0) in relation to an officer who can be court as aforesaid shall, for the purpose of its removed from office by the Judicial enforcelllent or for the purpose of any appeal Service COUlIIlission, that Commission: therefrOttl. have effect after the commenCement ond of this Constitution as if it were a decision of the corresponding court established by this (b) in any other case, the Public Service Constitution or by or under an existing law. commission. (3) Until otherwise provided by any law, Transitionsl 12S. (1) Any power that, immediately before any proceedings pending in any court iDlllediately the commencement of this Constitution, is vested provistons before 24th April, 1970 in which Her Majesty or relating to in an exist i ng public servl ce author i ty (that any ,Public officer is a party in respect of The is to say, the Governor-General acting on the functions of Gambia, or the Government of The Gambia is a party, nrjvice of the Public Service Commission established existing pub shall continue after that day - the existing Order, or the Commissioner of lie serviee • authorities. ':ce) and that, under the existing Order is ColI'. )9 (a) ~n the case of proceedings brought •• n delegated to some other person or authority In accon1ance with the Criminal Procedure f~,ll, a9 from the commencement of this Constitution Code with the Republic (whether or .1.,,1 so far as is consistent with the provisions not that expression is used) substituted 0[ this Constitution, be deemed to have been as a party: and Jelegated to such person or authority in accordance with those provisions, (b) in the case of all other proceedings with the Attorney-General or some (2) Any matter that, immediately before other public officer repre'senting the the commencement of this Constitution, is pending Republic. as a party. t>dore an existing public service authority shall, so far a9 is consistent with the provisions of (4) In this section, "existing law" means this Constitution, be continued before the ,such a law as is referred to in section 119(5) corresponding public service authority established of this Constitution. by this Constitution, and any matter that, immediately before the commencement of this Appeals 10 127. (1) Any appeal or petition (or special Constitution, is pending before a person or the JudltL.1 lea.ve to appeal to the Judicial Committee from authority to whom power to deal with that matter C..-itt",'. a decisio~ g.iven by the Court of Appeal established has been delegated by an existing publiC service by th~ eXIsting Order, being an appeal or a petition authority shall, so far as is consistent with that 15 pending immediately before the commencement the provisions of this Constitution, be continued of this Constitution and - before the person or authori ty to whom that power was del~gated: 129 128 ). I [ 1910. No. The Constitution of the Republic of The Gambia 111 [1970. II' The Constitution of the Republic of The Gambia (,) in the case of an appeal, is one in which the records have been registered in the Office of the Judicial Committee Chapter XI before the cOllU!lencement of this Constitution; or MISCELLANEOUS Resign.]tion. 131. (1) Any person who is appointed. elected (b) in the case of a petition is one that • or otherwise selected to any office established has been filed in that Office before by this Constitution or any offic~ of Minister the commencement of this Constitution, establ ished under this Constitution may reSign from that office by writing under his hand addressed shall continue to lie to the Judicial Committee to the person or authority by whom he was appointed, and lIlay be prosecuted and disposed of in accordance elected or otherwise selected: with the law regulating the procedure in such appeals that is in forc: i~ediately before the Provided that - commencement of this ConstItutIon. (a) in the case of a person who holds office (2) Any Order made by the Judicial Committee as PreSident, his resignation hOlD on an appeal that lies to the Judi:ial Con;mittee that office shall be addressed to the by virtue of subsection (1) of thIS sectlo~ .or Chief Justice; on any appeal that has been made to the JudICIal COlIlllli ttee at any time before the Commencement (b) the resignatlon of a person frOID the of this Constitution shall be enforced in accordance office of Sr>eaker or Deputy Sp(!a~(!r with the law regulating the enforcement of such of the House of Representatives shall Orders that is in force immediately before the be addressed to the House; and commencement of this Constitution. (c) the resignation of any person from 128. Where under any law in force in The Gamb~a Preroga t i ve 9 the office of member of the House of immediately before the commencement of thIS and privi Representatives shall be a.-jdreS~t'd Constitution any prerogatIves or privileges are legt'5 of the to the Speaker of the House. vested In Her Majesty, those prerogatives ?r Crown. privileges shall, from the ~ommencement of thiS (2) The reSignation of any person frOID Constitution. vest in the PreSIdent. any such office as aforesaid shall take effect when the writing signifying the resignation is 129. (1) All rights, liabilities and obligations Rights, received by the person or authority to whom it of - liabilities and was addressed or any person authorised by that obligations. person or authority to receive it. Her Majesty the Queen or the Governor • S General, in respect, or in right, of Re -appoint ment 132. (I) Where any person has vacated any office the Government of The Gambia; and .]nd cO"Cu~~.,nt establiShed by this Constitution or any office .'ppni ntmen! s of Minister established under this Constitution, (b) the Government of The Gambia or any he may. if qua.lified, again be appointed, elected public officer on behalf of the or otherwise selected to hold that office in Government of The Gambia, accordance ~ith the provisions of this Constitution. shall on and after the commencement of this (2) Where this Constitution vests in any Constitution, be the rights, liabilities and person or authori ty t.he power to make any obli~ations of the Republic. appointment. to any office, a person may be appointed to that office, notWithstanding that some other (2) In this section, "rights, liabilities person may be holding that office. when that other and obligations" include rights, liabilities and person is on leave of absence pending t.he obligations arising from contract or otherwise, reI inquishment. of· the office; and where two or other than the rights to which sections 122 and more persons are holding the same office by reason 128 of this Constitution refer. of an appointment made in pursuance of this subsection, then, for the purposes of any function 130. Until Parliament oth'erwise provides, the Public 5"al. conferred upon the holder of that office, the Public Seal shall be the Public Seal in use person last appointed shall be deemed to be the immediately before the 24th April 1970. sole holder of the office. 130 • 131 [ 19711. No. I [1970. The Constitution a/the Republic 0/ The Gambia 113 The Constitutioll of the Republic oJ The Gambia 133. (1) In this Constitution, unless the context lhe Judicial COll\l!liltee Act L833 as from time to tnt"rpr"ta J 60 4 "'i II. the Pari iilment of til<' otherwise requires - t ion. 10 .c.lo. lime amended by any Act of United I(inp,dom; "the Commonwea I th" means Th. Gambia, any country to which ·section 8 of this Constitution "law" includes applies and any dependency of any such country; (.) any instrument havinf. the force • in exercise of II "financial year" means the period of twelve of law made months ending on 30th June in sny year or on such power conferred by a law; and other day as Parliament may preacribe: (b) native law and custom and .n, Provided that whenever Parliament alters other unwritten rule of law, tbe date on which the financial year ends, it and "lawful" and "lawfully" sha I I shall provide either - be construed accordingly; (a) tbat the period beginning at the end "meeting" means all sittings of the Ilouse of the last complete financial year of Representatives held during a period when til., under the law in force before the House first sits after being SUll'oIIIoned at.any lime alteration .takes effect and ending and terminating when the House is adjourned sin" w!th the beginning of the first complete die or at the conclusion of a session; ftnancial year under the law in force after the alteration takes effect shall "oath" includes affirmation; be added to either of those years (as Parliament prescribes) and that the "Minister" includes the Vice-President. and aggregate period, though greater than a Minister of State but does not include a twelve months, shall be reckoned as Par,1 iamentary Secretary. one financial year; "the Police" Force" means The Gambia P':)i icc (b) that the period beginning and ending C.. p. 1':'4 force established by the Police Act and includt!~; as aforesaid, though less than twelve any other pol ice force establ ished by or under months, shall itself be reckoned as an Act of Parliament to succeed to or to supplement a complete financial year; the functions of The Gambia Pol ice force but does not, save in t.he definition of a "discipl inctl force" in section )0(1) of this Constitution, "Provinces" has the same meaning as in the Cap. 1St Provinces Act; include any police force forming part of any nnval, military or air force or any police forc: for "The Gambia" means the terri tory compri sed • the protect ion of harbours, water"'ays, r;lll!~ays in The Gambia on the 23rd April 1970; or air fields or any police force eslJbliSIlt'd by any local government authority; "The Gazette" means the official gazette of the Government; "The President" means the President of tlw Republic; "Head Chief", "Deputy Head Chief", "Sub Chief" and "Headman" have the same meaning as "publiC office" means any office of emolument in the Provinces Act; in the public service; "high judicial office" means the office "puhlic officer" means a per!>on holdinr. of a judge of a court of unlimited jurisdiction or acting in any public office; in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland "the public service" means, subject to th-: or in any country outside the Commonwealth that provisions of this section. the civil service may be prescribed by Parliament or the office of the Covern~ent of The Cambia of judge of a court havinR jurisdiction in appeals from luch a court; "session" means the period beginnjn~ when the House of Representatives r irst meets ;Jft~t' "the Jud i cia I COmDlittee" means the Judicial 23rd April 19iO or after Parliament has aL lIny Cotnmittee of the Privy Council established by time been prorogued or dissolved and endinr. when 132 • 133 No. I [ 1970. No. The Constitution oj the Republic oj The Gambia 115 lib The Constillltioll oj the Republic oj The Gambia Parliament is prorogued or when Parliament is (d save in so (,J r an nwy he pro ... i ded tJy dissolved without having heen proro~ued; Pari iament. referenc::es to the off i<.:t· of a member of a~y other counci I, boart!. "sitting" means the period during which panel. conunitlee o!" olher similar. body the House of Representatives is sitting continuously (whether inc::orporated or not) established without adjournment and includes any period during by or under any law; which it is in committee: • (d) referenc::es to the offic::e of lIead Chief, "statutory instrument" means any proclamation, Deputy Bead Chief, Sub-Chief, or Headman: regulations order, rule or other instrument (not being an Act of Parliament) having the force of C .. p. to'l (. ) references to the office of any Distric::t law: Authority or member of any Dis~ricl Authority declared to be, or establlshed "subordinate court" means any court of law as, suc::h an Authority under the Local established for The Gambia other than - Government Act, or (to the extent to which any such law makes provision (a) the Judicial COllUJlittee; for the administration of Districts within the former Protectorate) by (b) the Court of Appeal; or under any law for the time being amending or replacing that Act: or (c) the Supreme Court: or (f) except for the purposes of sect ions (d) a court-martial; and 61(3)(d), 99(d), 100(3), 1l0(2)(d) and llO(3) of this Constitution (which "voting member" has the meaning relate to disqualification for election aSSigned or appointment to certain offices) to that expression by section 57(2} of this Const i tut ion. references to an office in a naval, military or air force. (2) In this Constitution, unless the context otherwise requires, references to offices in the (4) For the purposes of this Constitution. public:: service shall be construed as including a person shall not be regarded - references to the offices of Justice of Appeal and judges of the Supreme Court and the of f ices as holding an office by reason only of members of all subordinate courts (being offices of the fact that he is in rec::eipt of the emoluments attaching to which or any part a pension or other like allowances; of the emoluments attaching to which, are paid directly out of moneys provided by Parliament) • (b) 3< disGualified fot election to the but not as inc::luding references to any office House of Representatives ot fot appointment to any office to which that, by virtue of ~ubsection (3)(c) of section ;, 100 of this Constitutio~, is excluded from the a public offi.::er not qualified to offices to which that section applies or to the b. appointed by reason only that h. office of assessur in any court. holds a public:: office and h. i. on leave of absenc::e pending relinquishment that office. (1) In this r.on~titution, reference to of off ic::es in the pulll ic servic::e shall not be construed ilS including - (5) In this Constitution, unless the context otherwi!:e requires. a refe,ence to the holder (a) references to the office of the of an oHice by the te:-m desif,natin~ his offic::e sh;J11 be c{ln~trued as inc::luJinr" to the extent Pre~ident, the Vice-President, the Speaker, or Deputy Speaker of the House of his authority a t·eference to any person for of Representatives, or any t-linister, the timE' Leing ,]u~!1orised ,.0 exercise the function~ ParI iamentary Secretary or a member of that office: of the House of Representiltives; Provided that nothing in this subsection (b) references to the office of a member shall apply to references to the President or of any Commis~ion established by thin Con~titution or ;J memher of the Advisory Committee on th .... Prerog;.ltive of ~l\!'rcy; 134 • 135 No. [1970 No. I [ 1970. II" The Constitution of the Republic of The Gambia The Constitution a/the Republic 0/ The Gambia 117 (10) No provision of this Constitution that Vice-President in sections 37, 38, 39(3) and (4), any person Of authority shall not be subject to or 43 of this Constitution. the direction or control of any other person or authority in the exercise of (l~) Any reference in this Constitution (8) Any provision in this Constitution to a la\/ that arne-rods or replaces any other Jaw that vests in any person or authority the power 'or any provision of any other law shall be con~t:ued to remove any publ i c of f i cer from his off ice sha II as including a refer('ncc to a la\ol that modifIes, be withou~ prejudice. to the power of any person re-enacts, with or w.ithout amendment or or a.ut.hort ty to aboliSh any office or to any law modification, suspends. repeals, adds new provisions provldlng for the compulsory retirement of public or makes di fferent provision in lieu of that other officers generally or any class of public officer l~w or th~t provision. on sttaining an age specified bi' or under that law. OS) ror the ilvl}idance of doubt it. is h!:'rehy dccJarrod that - (9) Where. this Constitution vests in any person or. authon ty the ~ower to appoint any person any power to make laws conferred by to act .1n or to exerCise the functions of any this Constitution includes power to office If the holder thereof is himself unable male laws having extra-territorial to exercise those fUnctions, no such appointment operation; shall be called in question on the grounds that the holder of the office was not unable to exercise those functions. 137 136 • [1970. No. [1970 The Constitution of the Republic of The Gambia 119 1.'1) The ('OIlSlillitioll (!lfhe Rt'puhlit" oj" TIl(' Gamhia TUF. CONSTlruTION OF TilE CAMIHA (b) any reference In this Constitution to the functions of the President includes a reference to his functions FIRST SCHEDULE as Commander-in-Chief of the armed forces of the Republic; OATil FOR TilE DUE EXECUTION OF TilE On·ICE (c) the functions of the Commander-in-Chief of the armed forces of the Republic • OF THE PRESIDENT OF TIlE GAMBIA shall be such as may be prescribed by Pari iament. I. (16) Subject to the provisions of section do swear (or solemnly affirm) that will well" 72 of this Constitution, no amendment made to and truly execute the functions of the office the Interpretation Act in force the date Cal" 97 of President of the Republic of The Gambia, that of the conunencement, of " this Constitution," shall I will preserve and defend the Constitution and have effect in relation to this Constitution. that I will do right to all manner of people according to law, without fear or favour, affection 134. This Act may be ci ted as the Constitution Short titl .. or i Ilwi II. of the Republ ie of The Gambia and sha 11 come into and C01n operation on 24th April, 1970. m"ncement. So he I P [Ole God. (To b. omi tted in affirmation.) SECOND Sr:f!EDULE OATH FOR THE DUE F.XECUTION OF TIlE OFFICE OF VICE-PRESIDENT, MINISTER, PARLIAMENTARY SECRETARY, MEMBER OF CONSTITUENCY BOUNDARIES COMMI $S ION, SUPERVI SOR OF ELECTI ONS, SPEAKER, JLiSTICF. OF APPEAL, JUDGE OF THE SUPREME COURT, MEMBER OF THE JUDICIAL SERVICE COMMISSION _.6.ND MEMBER OF THE PUBLIC SERVICE COM!1JSSION. I ...... do swe;Jr (or solemnly affirm) that I will execute • or.the .... functions of the office without fear or favour, affection or ill-will, according to the Constitution and other laws of Tho:! C.:lmbia. So help me God. (Tn h. omitted affirmation.) I'assed in the House of Representatives this Eighreellth d.:lY of December, in the year of oue Lord 0[1(' thousand nine hundred and SiJl"ty-nine. P-. (I •.IOUI-:, Clerk of t.h., liOl!s,> of Representatives. TillS PRINTF.D IMPRESSION has been carefully compared by me with the Bill which has passed the !louse of Representatives, and found by me to be a true and correct copy of the said Bill. S, O. JUBE Clerk of the Hou~e of Representatives. 138 • 139 cr of thc C:ommissinn shall not (2) The Chairman ,Ind tht.' other member!'! of ul'"n ('ntL'r the d .. Hi,'s of his olfic{' until he hal' the Commissiun shall be nppuinted by the l'resiJent t;L~"n .,n.1 ::;uhscrih"d the O;lth of ;,llc~i'lIIL'e :Lnd after consultation with the Judicial Service the u.Jth for the dUL' exe.:ution of his office that COlllC1ission. is set O(.:t in the Second Schedule to this Constitution. (3) A person shall not be qualified to b. appointed as a member of the Commission if (7) In the exercise of its functions uncer this Con~ti:o.:tion thL' Commis!>ion Shl!!1 not be !>ubject (a) he i, u member of the /louse of t':J the cirection or cont rol of ilny other pe:·son Hepresentutives; or ~utho:ity.