Gambia (The) 1996 (rev. 2018)

39. The right to vote and registered

1. First chamber selection
   Every citizen of The Gambia being of eighteen years or older and of sound mind shall have the be right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.
2. Referenda
   Every citizen of The Gambia who is a registered voter shall be entitled to vote in a referendum held in accordance with this Constitution or any other law.
3. Municipal government
   Every citizen of The Gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter and any Act of the National Assembly providing for such elections, to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident.

40. Secret ballot

41. Electoral laws

42. The Commission

1. There shall be an Independent Electoral Commission for The Gambia which shall be part of the public service.
2. The members of the Commission shall be a Chairman and four other members.
3. Establishment of judicial council
   The members of the Commission shall be appointed by the President in consultation with the Judicial Service Commission and the Public Service Commission.
4. Subject to the provisions of this section, the members of the Commission shall be appointed for a period of seven years and may be re-appointed for one further term:

   Provided that three of the first members (who shall be chosen by lot) shall be appointed for lesser periods than seven years in order to provide continuity within the Commission.

5. A person shall not be qualified for appointment as a member of the Commission if-
   1. he or she is a member of the National Assembly;
   2. he or she is, or has at any time during the two years immediately preceding his or her appointment, been nominated as a candidate for election as a member of the National Assembly;
   3. he or she is, or has at any time during such period of two years been, the holder of any office in any organization that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of the National Assembly or of any local government authority or if he or she has actively identified himself or herself with any such organization;
   4. if he or she holds an office in the public service other than as a member of the Commission or the staff of the Commission;
   5. if he or she has been convicted in any country of an offence involving dishonesty or moral turpitude.
6. Head of state powers
   The President may remove a member of the Commission from office-
   1. for inability to perform the functions of his or her office whether arising from infirmity of mind or body or from any other cause;
   2. if any circumstance arises which would have disqualified him or her from appointment to the Commission; or
   3. for misconduct, but, before removing a member, the President shall appoint a tribunal of three judges of a superior court to enquire into the matter and report on the facts. A member of the Commission shall be entitled to appear and be legally represented before the tribunal.
7. Three members of the Commission including the Chairman shall form a quorum:

   Provided that any decision of the Commission shall require the concurrence of a majority of the members.

8. The Commission may by regulation or otherwise regulate its own procedure.
9. The Commission shall make an annual report on its activities to the National Assembly.
10. Before assuming the functions of his or her office, a member of the Commission shall take and subscribe the prescribed oaths.

43. Functions of the Commission

1. Subject to the provisions of this Constitution the Independent Electoral Commission shall be responsible for
   1. Referenda
      the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public elections and referenda;
   2. the conduct of the election of a Speaker and a Deputy Speaker;
   3. the registration of political parties;
   4. Referenda
      ensuring that the dates, times and places of public elections and referenda are determined in accordance with law and that they are publicised and elections held accordingly;
   5. Earnings disclosure requirement
      ensuring that candidates in elections make a full declaration of their assets at the time of nomination.
2. Referenda
   The Commission shall announce the results of all elections and referenda for which it is responsible.
3. In the exercise of its functions under this Constitution or any other law, the Commission shall not be subject to the direction or control of any other person or authority.

44. Financial

45. Electoral Laws

46. Election of a President

47. Nomination of Candidates

48. The Poll on an election

1. Subject to subsection (4), a poll shall be taken on the day, or days, appointed for the election of a President notwithstanding that there may be only one candidate nominated for election.
2. Where a nominated candidate dies between nomination day and polling day, the Independent Electoral Commission shall appoint a new nomination day and, if necessary, a new day or days for the election.
3. No person shall be elected as President on a first ballot unless he or she receives the highest number of votes validly cast at the election.
4. If, at close of nomination only one candidate is nominated, he or she shall be declared to have been duly elected as President.
5. If, on the first ballot, where there are two or more candidates, there is an equality of the highest number of votes between candidates, a second ballot shall be held not later than fourteen days between the candidates who received the highest number of votes.
6. On a second ballot, the candidate who receives the highest number of votes shall be declared to have been duly elected President.

49. Challenge to election of a President

50. Delimitation of constituencies

1. An Act of the National Assembly shall establish a Boundaries Commission which shall be responsible for demarcating constituency boundaries for the purpose of elections to the National Assembly.
2. The National assembly shall prescribe by an act, the criteria for the demarcation of the constituency boundaries.
3. Until the National Assembly establishes a Boundaries Commission under subsection (1), the constituencies as prescribed in Part II of Schedule I to the Elections Decree, 1996 and any additional constituencies, required for the purposes of section 88 (1)(a), demarcated by the Independent Electoral Commission in consultation with the appropriate Department of State shall be deemed to be constituencies for the purpose of returning members of the National Assembly under that section.

58. Appointment of a District Seyfo

1. The President shall appoint a District Seyfo in consultation with the Minister responsible for Local Government.
2. The Minister responsible for Local Government may, in consultation with the Regional Governors, make recommendations to the National assembly for the creation of new Seyfo Districts.

59. Appointment of an Alkalo

1. The Minister responsible for local government shall appoint an Alkalo in consultation with the Regional Governors and District Seyfo or Chairperson of the Kanifing Municipal Council, as the case may be.
2. The Minister shall, in making an appointment under subsection (1), take into account traditional lines of inheritance.

60. Political parties

1. Right to form political parties
   No association, other than a political party registered under or pursuant to an Act of the National assembly, shall sponsor candidates public elections.
2. Restrictions on political parties
   No association shall be registered or remain registered as a political party if-
   1. it is formed or organised on an ethnic, sectional, religious or regional basis;
   2. its internal organisation does not conform with democratic principles; or
   3. its purpose if to subvert this constitution or the rule of law.
3. An Act of the National Assembly shall make provisions for the better implementation of this section.

61. Office of President

1. Designation of commander in chief, Name/structure of executive(s)
   There shall be a President of The Gambia who shall be the Head of State and of Government and Commanderin-Chief of the Armed Forces.
2. The President shall uphold and defend this Constitution as the supreme law of The Gambia.

62. Qualifications for election as President

1. Eligibility for head of state
   A person shall be qualified for election as President if-
   1. he or she is a citizen of The Gambia by birth or descent;
   2. Minimum age of head of state
      he or she has attained the minimum age of thirty years;
   3. he or she has been ordinarily resident in The Gambia for at least the five years immediately preceding the election;
   4. he or she has completed senior secondary school education; and
   5. he or she is qualified to be elected as a member of the National Assembly.
2. A person who holds the citizenship or nationality of a country other than The Gambia, shall not be qualified for election as President.
3. A person who, while holding public office in The Gambia has been-
   1. compulsorily retired, terminated or dismissed from such office; or
   2. has been found guilty of any criminal offence by any court or tribunal established by law; or
   3. has been found liable for misconduct, negligence, corruption or improper behaviour by any commission or committee of inquiry established by law

   shall not be qualified for election as President.

63. Tenure of office of President

1. Head of state term length
   The term of office of an elected President shall, subject to subsection (3) and (6), be for a term of five years; and the person elected President shall before assuming office take the prescribed oaths.
2. The person declared elected as President shall take the prescribed oaths and assume office on the day the term of the incumbent President expires.
3. Head of state removal
   A person elected as President may at any time during his term of office be removed from office if, a no confidence motion is passed in the National Assembly supported by two thirds of the members of the National Assembly.
4. Referenda, Head of state removal
   Where a no confidence motion is passed in accordance with subsection (3), the Speaker shall request the Independent Electoral Commission to call for a referendum within thirty days of the passing of such motion to endorse or reject the decision of the National Assembly; and where such decision is endorsed the President shall vacate the office.
5. Head of state removal
   The procedure for the conduct of such referendum shall be prescribed by an Act of the National Assembly.
6. Where the life of the National Assembly is extended for any period in accordance with section 99(2), the term of office of the President shall be extended for the same period.

64. Temporary exercise of President's functions

65. Vacancy in the office of President

1. The office of President shall become vacant during the term of a presidency-
   1. on the death or resignation of the President;
   2. on the President ceasing to hold office under section 63, 66 or section 67.
2. Deputy executive, Head of state replacement
   Whenever the office of President becomes vacant in the circumstance set out in subsection (1), the Vice-President, or if there is no Vice-President in office at the time, the Speaker shall assume the office of President for the residue of the term of the former President.
3. Before assuming office under this section, the Vice-President or, as the case may be, the Speaker shall take the prescribed oaths for the office of President.
4. On assuming the office of President, the Speaker shall vacate his or her office as Speaker and his or her seat in the National Assembly.

66. Mental or physical incapacity

1. Where the Speaker receives a notice in writing signed by not less than one half of all the members of the National Assembly alleging that the President is, by reason of infirmity of mind or body, incapable of discharging the functions of his office, and giving particulars of the alleged incapacity, the Speaker shall request the Chief Justice to constitute, on the recommendation of the head of the medical services of The Gambia, a Medical Board comprising at least five independent medical practitioners of appropriate standing.
2. The Board shall enquire into the matter and make a report to the Chief Justice stating the opinion of the Board whether or not the President is, by reason of infirmity of mind or body, incapable of discharging the functions of the office of President. The President, and if he or she so wishes, his or her own medical adviser may appear, and shall have the right to be heard, before the Board.
3. Where the Board reports that the President is incapable of discharging the functions of his or her office by reason of infirmity of mind or body, the Chief Justice shall submit the report to the Speaker, who shall, if the National Assembly is not sitting, summon the National Assembly to meet within seven days.
4. The members of the National Assembly shall deliberate on the report and vote on it and the President shall only be removed where two thirds of the members present and voting, vote for his removal.
5. The report of the Board shall be final and conclusive and shall not be enquired into by any court.

67. Misconduct by the President

1. The President may be removed from office in accordance with this section on any of the following grounds-
   1. abuse of office, wilful violation of the oath of allegiance or the President's oath of office, or wilful violation of any provision of this Constitution, or
   2. misconduct in that-
      1. he or she has conducted himself in a manner which brings or is likely to bring the office of President into contempt or disrepute; or
      2. he or she has dishonestly done any act which is prejudicial or inimical to the economy of The Gambia or dishonestly omitted to act with similar consequences.
2. Where the Speaker receives a notice in writing signed by not less than one half of all the members of the National Assembly of a motion for the removal of the President on any of the grounds set out in subsection (1), specifying particulars of the allegations (with any necessary documentation), and requesting that a tribunal be appointed to investigate the allegations, the Speaker shall-
   1. inform the President of the notice;
   2. request the Chief Justice to appoint a tribunal consisting of a Justice of the Supreme Court, as Chairman, and not less than four other persons selected by the Chief Justice, at least two of whom shall be persons who hold or have held high judicial office.
3. The tribunal shall investigate the matter and shall report to the National Assembly through the Speaker whether or not it finds the allegations specified in the motion to have been substantiated. The President shall have the right to appear and be legally represented before the tribunal.
4. If the tribunal reports to the National Assembly that it finds that the particulars of any allegation against the President contained in the motion have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation.
5. Where the tribunal reports to the National Assembly that it finds that the particulars of any such allegation have been substantiated, the National Assembly may, on a motion supported by the votes of not less than two thirds of all the members, resolve that the President has been guilty of such abuse of office, violation of oath, violation of the Constitution, or misconduct or misbehaviour as to render him or her unfit to continue to hold the office of President; and where the National Assembly so resolves, the President shall immediately cease to hold office.

68. Salary and allowances

1. The President shall receive such salary and allowances as may be prescribed by an Act of the National Assembly, and such salary and allowances shall not be altered to his or her disadvantage during his or her tenure of office.
2. The President shall be entitled to such pension and retirement benefits as may be prescribed by an Act of the National Assembly and such pension and other benefits shall not be altered to his or her disadvantage after he or she has relinquished office:

   Provided that no such pension or other retirement benefits shall be granted to a President who ceases to hold office in accordance with section 67.

3. The salary and allowances, and pension and retirement benefits, as prescribed by an Act of the National Assembly, shall be exempted from taxation, but the President shall be subject to taxation on all other chargeable income.
4. The President shall not-
   1. while he or she continues in office as President, hold any other office of profit or emolument whether public or private, occupy any other position carrying the right to remuneration for the rendering of services;
   2. undertake any activity inconsistent with his or her official position or expose himself or herself to any situation which carries with it the risk of a conflict developing between his or her official concerns and his or her private interests;
   3. use his or her position as such or use information entrusted to or received by him or her in an official position directly or indirectly to enrich himself or herself or any other person.
5. Where the President was engaged in any trade, business or other undertaking before assuming the office of President, he or she shall, if he or she wishes to continue such trade, business or other undertaking, do so under a trusteeship.

69. Immunity from civil and criminal proceedings

1. Except as provided in subsection (2), no civil or criminal proceedings shall be instituted or continued against any person while holding or performing the functions of the office of President in respect of anything done or omitted to be done by him or her whether in an official or a private capacity.
2. Nothing in subsection (1) applies to an action for a declaration under section 5 (enforcement of the Constitution), and any proceedings under that section against the President or a person performing the functions of that office shall be brought against him or her by his or her official title or style, and he or she shall appear, and be represented by, the Attorney-General.
3. After a President has vacated the office of President-
   1. no court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President;
   2. a criminal court shall only have jurisdiction to entertain proceedings against him or her in respect of acts or omissions alleged to have been perpetrated by him or her while holding office as President if the National Assembly has resolved on a motion supported by not less than two-thirds of all the members that such proceedings are justified in the public interest.

70. The Vice-President

1. There shall be a Vice-President of The Gambia who shall be the principal assistant of the President in the discharge of his or her executive functions and shall exercise such other functions as may be conferred on him or her by this Constitution or assigned to him or her by the President.
2. A person shall be qualified to be appointed as Vice-President if he or she has the qualifications required for the election of the President under Section 62. Provided that the Vice President shall not be a member of the National Assembly.
3. The Vice-President shall be appointed by the President.
4. The provisions of sections 66 and 67 (which relate to removal for incapacity or misconduct) shall apply with the necessary variations to the office of Vice-President as they apply to the office of President.
5. The office of Vice-President shall become vacant:
   1. on the termination of his appointment by the President;
   2. on the Vice-President assuming the office of President for the unexpired term of his predecessor;
   3. on the Vice-President's death or resignation;
   4. on his or her ceasing to hold office under the provisions of section 66 or 67.
6. Whenever there is a vacancy in the office of Vice-President in the circumstances mentioned in paragraph (b), (c) or (d) of subsection (5), the President shall, appoint as Vice-President a person qualified to be appointed to that office.
7. A person appointed as Vice-President shall, before assuming the functions of his or her office, take and subscribe to the prescribed oaths.
8. Without prejudice to the right to revoke an appointment for any cause, the President shall revoke the appointment of the Vice-President if the National Assembly adopts a vote of censure against the Vice-President under Section 75.

71. Ministers

1. There shall be such number of Ministers, including Attorney-General, as the President may consider necessary.
2. Eligibility for cabinet
   A person shall not be qualified to be appointed, or hold the office of a Minister if, he or she is a member of the National Assembly or if he holds the citizenship or nationality of any country other than The Gambia. In addition, a person shall not be qualified to be appointed Attorney General unless he or she is a legal practitioner of at least five years standing at the Gambia bar.
3. Cabinet selection
   Ministers shall be appointed by the President and shall, before assuming the functions of their office, take and subscribe the prescribed oaths.
4. Cabinet removal
   The office of a Minister shall become vacant-
   1. on the assumption by a person of the office of President;
   2. on his or her appointment being revoked by the President;
   3. on his or her death or resignation.
5. Cabinet removal
   Without prejudice to the right to revoke an appointment for any cause, the President shall revoke the appointment of a Minister if the National Assembly adopts a vote of censure against the Minister.

72. Functions and incidents of office

1. Powers of cabinet, Deputy executive
   The Vice-President and Ministers shall be responsible for such Ministries or other business of the Government as the President may assign to them. In making such assignments, the President shall have regard to the desirability of ensuring that such responsibilities are entrusted to competent persons with relevant qualifications or experience.
2. Attorney general
   The Attorney General shall be the principal legal adviser to the Government and shall have the right of audience in all courts in The Gambia.
3. The Vice-President and Ministers shall be entitled to such remuneration, allowances and other incidents of office as may be prescribed by an Act of the National Assembly.
4. The Vice-President and Ministers shall not-
   1. while they continue in office, hold any other office of profit or emolument whether public or private, occupy any other position carrying the right to remuneration for the rendering of services;
   2. undertake any activity inconsistent with their official position or expose themselves to any situation which carries with it the risk of a conflict developing between their official interests and their private interests;
   3. use their position as such or use information entrusted to or received by them in their official position directly or indirectly to enrich themselves or any other person.
5. Where the Vice-President or Ministers were engaged in any trade, business or other undertaking before assuming their offices, they shall, if they wish to continue such trade, business or other undertaking, do so under a trusteeship.

73. Cabinet

1. There shall be a Cabinet which shall consist of the President, the Vice-President and the Ministers.
2. Cabinet shall regulate the procedure of its meetings.
3. Powers of cabinet
   The Cabinet shall be responsible for advising the President with respect to the policies of the Government and shall have such other functions as may be conferred by any other law.

74. Responsibility of Cabinet and Ministers

75. Vote of censure

1. The National Assembly may, by resolution supported by the votes of two-thirds of all the members, pass a vote of censure against a Minister or Vice President on the grounds of-
   1. his or her inability, arising from any cause, to perform the functions of his or her office;
   2. abuse of office or violation of any provision of this Constitution;
   3. his or her misconduct in office.
2. A vote of censure shall be initiated by a petition, signed by not less than one third of all the members of the National Assembly to the President through the Speaker stating the grounds on which they are dissatisfied with the conduct or performance of the Minister or Vice President.
3. The President shall cause a copy of the petition to be given to the Minister or Vice President immediately he or she receives it.
4. The motion for the resolution of censure shall not be debated until after the expiry of fourteen days from the day the petition is sent to the President.
5. The Secretary of State or Vice President concerned has the right to attend and be heard during the debate on the motion.
6. In this section, "misconduct in office" means that the person concerned has-
   1. conducted himself or herself in a manner which brings or is likely to bring his or her office into contempt or disrepute;
   2. dishonestly done any act which is prejudicial or inimical to the economy of The Gambia or dishonestly omitted to act with similar consequences.

76. The executive power

1. The executive power of The Gambia is vested in the President and, subject to this Constitution, shall be exercised by him or her either directly or through the Vice-President, Ministers or officers responsible to him or her.
2. In addition to the powers conferred on him or her by this Constitution, the President shall have such powers and responsibilities as may be conferred on him or her by or under an Act of the National Assembly.
3. The President shall be responsible for making due provision for the execution of Acts of the National Assembly.

77. The Executive power and The National assembly

1. The President shall at least once in each year attend a sitting of the National Assembly and address a session on the condition of The Gambia, the policies of the Government and the administration of the State.
2. The National Assembly may request the President to attend a sitting of the National Assembly for the discussion of a matter of national importance.
3. The Vice-President shall answer in the National Assembly for matters affecting the President, and the President shall be entitled to send a message to the National Assembly to be read on his or her behalf by the Vice-President.
4. The Vice-President or a Minister shall, when requested by the National Assembly, report to the National Assembly on any matter concerning a department or other business of Government committed to his or her charge, and shall be entitled to attend and speak in the National Assembly whenever any Bill or other matter concerning such department or business is being debated.

78. National Security Council

1. There shall be a National Security Council which shall consist of-
   1. the President;
   2. the Vice-President;
   3. the Minister responsible for defence and internal affairs;
   4. the Chief of Defence Staff and two other members of the Armed Forces appointed by the President;
   5. the Inspector General of Police;
   6. the Director-General of the National Intelligence Agency; and
   7. the intelligence adviser to the President.
2. The National Security Council shall be responsible for advising the President on all matters relating to the security of The Gambia and the integration of domestic and foreign policies relating to its security; and, under the direction of the President, shall take appropriate measures to safeguard the internal and external security of The Gambia and to provide for the co-operation of the departments and agencies of the Government in that regard.

79. Foreign Affairs

1. Foreign affairs representative
   The President shall be responsible for-
   1. International organizations
      the conduct of relations with other states and international organizations;
   2. the reception of envoys accredited to The Gambia and the appointment of the principal representatives of The Gambia abroad;
   3. International law, Legal status of treaties, Treaty ratification
      the negotiation and, subject to ratification by the National Assembly, the conclusion of treaties and other international agreements;
   4. Power to declare/approve war
      subject to the prior approval of the National Assembly, the declaration of war and the making of peace.
2. The Gambia shall not-
   1. Referenda
      enter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of the National Assembly;
   2. International organizations
      become a member of any international organization unless the National Assembly is satisfied that it is in the interest of The Gambia and that membership does not derogate from its sovereignty.
3. Treaty ratification, International law
   The National Assembly may, by resolution, establish procedures for the ratification of treaties and other international agreements.

80. Constitution of Public Offices

81. Administration of Departments of State

1. Where the Vice-President or a Secretary of State has been charged with responsibility for any department of the Government, he or she shall exercise general direction and control over that department; and subject to such direction and control, the department shall be under the supervision of a permanent secretary whose office shall be an office in the public service.
2. The principle advisers on professional and technical matters in all the departments of the Government shall be professionally qualified persons.

82. Prerogative of Mercy

1. The President may, after consulting the Committee established by subsection (2) -
   1. grant to any person convicted of any offence a pardon either free or subject to lawful conditions;
   2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
   3. substitute a less severe form of punishment for any punishment imposed on any person for any offence;
   4. remit the whole or any part of any punishment imposed on any person for such an offence or any penalty otherwise due to the Republic on account of any offence.
2. There shall be a Committee on the exercise of the prerogative of mercy consisting of the Attorney General and three other persons appointed by the President subject to confirmation by the National Assembly.

83. Honours and awards

1. The President may, after consulting the Committee established by subsection (2), confer honours and awards, including honorary honours and awards to friends of The Gambia.
2. There shall be a Committee to advise the President on the exercise of his or her powers under this section which shall consist of not more than five, and not less than three, persons appointed by the National Assembly.

84. Director of Public Prosecutions

1. There shall be a Director of Public Prosecutions whose office shall be an office in the public service.
2. The Director of Public Prosecutions shall be appointed by the President.
3. A person shall not be qualified to hold or act in the office of Director of Public Prosecutions unless he or she is qualified for appointment as a judge of the High Court.
4. Subject to the other provisions of this section, a person holding the office of the Director of Public Prosecutions shall vacate his or her office when he or she attains the compulsory retirement age.
5. A person holding the office of Director of Public Prosecutions may be removed from office only for inability (whether by reason of infirmity of mind or body or any other cause) to perform the functions of his or her office, or for misbehaviour or incompetence.

85. Control of prosecutions

1. The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable to do so, and subject to the approval of the Attorney General-
   1. to initiate and undertake criminal proceedings against any person before any court for an offence against the law of The Gambia;
   2. to take over and continue any such criminal proceedings that have been instituted by any other person or authority;
   3. to discontinue at any stage before judgement is delivered any criminal proceedings instituted or undertaken by himself or herself or any other person or authority:

      Provided that the Director of Public Prosecutions shall not-

      1. take over and continue any private prosecution without the consent of the private prosecutor and the court; or
      2. discontinue any private prosecution without the consent of the private prosecutor.
2. For the purpose of this section, any appeal from a determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of such proceedings to any other court, shall be deemed to be part of those proceedings:

   Provided that the power conferred on the Director of Public Prosecutions by subsection (1) (c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or any case stated at the instance of such a person.

3. The powers conferred on the Director of Public Prosecutions under this section may be exercised by him or her in person or by persons under his or her direction and control.
4. In the exercise of his or her functions under this section, the Director of Public Prosecutions shall be subject to the direction or control of the Attorney General.
5. In this section, "private prosecutions" means a prosecution instituted by any person or authority other than-
   1. the Director of Public Prosecutions or any person acting under his or her direction or control;
   2. a police officer in the exercise of the functions of his or her office, or
   3. an officer in the public service in the exercise of the functions of his or her office

86. Private prosecutions

87. Establishment of the National Assembly

88. Members of The National Assembly

1. Before taking his or her seat in the National Assembly, a member shall take the prescribed oaths before the Speaker:

   Provided that a member may take part in the election of a speaker and Deputy speaker before taking such oaths.

89. Qualifications for membership to the National Assembly

1. Eligibility for first chamber
   A person shall be qualified for election to the national Assembly if he or she-
   1. is a citizen of The Gambia;
   2. Minimum age for first chamber
      has attained the age of twenty-one years;
   3. has been ordinarily resident in the constituency for a period of at least one year prior to nomination day;
   4. is able to speak the English Language with a degree of proficiency sufficient to enable him or her to take part in the proceedings of the National Assembly;
   5. has made such declaration of his or her assets to the Independent Electoral Commission as is required in accordance with section 43.
2. Earnings disclosure requirement
   The provisions of paragraphs (a), (b) and (d) of Subsection (1) shall apply to a nominated candidate who shall also be required to make a declaration of his assets to the Independent Electoral Commission.

90. Disqualifications for membership of the National Assembly

1. No person shall be qualified for election as a member of The National Assembly if he or she-
   1. holds the citizenship or nationality of a country other than The Gambia;
   2. is adjudged under any law of The Gambia to be of unsound mind;
   3. is under sentence of death imposed on him or her by any court, or is serving, or within five years of his or her nomination for election completed serving, a sentence of imprisonment for a term exceeding six months imposed on him or her by a court or substituted by competent authority for some other sentence imposed on him or her by a court, and has not received a free pardon;
   4. has been found guilty of any abuse of office, corruption or any offence connected with public elections by a court;
   5. has been found by the report of a commission or committee of inquiry (the proceedings of which have been held and published in accordance with the relevant law) to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the State or misused or abused his or her office, or wilfully acted in a manner prejudicial to the interests of the State, and the findings have not been set aside on appeal or judicial review;
   6. within the three years preceding nomination day, holds or acts in any office prescribed by an Act of the National Assembly the functions of which involve responsibility for, or in connection with the conduct of elections to the National Assembly or the compilation of any register of voters for the purpose of such an election;
   7. Outside professions of legislators
      unless granted leave of absence in accordance with section 170, holds a public office or an office in the public service;
   8. holds or acts in any office or appointment that may be prescribed by an Act of the National Assembly;
   9. is a member of a disciplined force;
   10. is an elected member of a local government authority;
   11. is a District Chief or Alkalo; or
   12. is adjudged or otherwise declared a bankrupt under any law of The Gambia and has not been discharged.
2. For the purposes of this section-
   1. a sentence of imprisonment imposed by a court outside The Gambia for an offence in respect of an act or omission which, if committed within The Gambia would constitute a comparable offence, shall be deemed to be a sentence of imprisonment within the meaning of paragraph (c) of subsection (1);
   2. no account shall be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine;
   3. the period of disqualification under paragraph (d) or (e) of subsection (1) shall not exceed five years after-
      1. the completion of any sentence of imprisonment passed for such offence; or
      2. the expiry of any period during which the person concerned has been debarred from holding public office.
3. This section shall apply to nominated members with such modifications relating to time limits for elections.

91. Tenure of seats of members of the National Assembly

1. Removal of individual legislators
   A member of the National Assembly shall vacate his or her seat in the National Assembly-
   1. on the dissolution of the National Assembly;
   2. subject to subsection (2), if any circumstances arise that, if he or she were not a member, would cause him or her to be disqualified for election as a member or nomination as a member;
   3. if he or she resigns his or her office as a member;
   4. [Deleted by Act No. 11 of 2017].
   5. if, having been elected a member as an independent candidate, he or she joins a political party;
   6. if, being a member representing a single seat constituency, he or she is recalled by the electorate of that constituency in accordance with an Act of the National Assembly to give effect to section 92;
   7. Attendance by legislators
      if, without the permission in writing of the Speaker or reasonable cause, he or she is absent from ten or more sittings of the National Assembly during any period that the National Assembly is in session and continues to meet;
   8. if he or she is found in contempt of the National Assembly and is expelled on a resolution supported by not less than three quarters of all the members of the National Assembly.
2. An Act of the National Assembly may, in order to permit any member who-
   1. has been sentenced to death;
   2. has been convicted or found guilty of any offence or subject to any finding to which subsection (1) of section 90 refers,
   3. adjudged to be of unsound mind; or
   4. adjudged or otherwise declared to be bankrupt, to appeal against any such decision in accordance with any law, provided that, subject to such conditions as may be specified, the decision shall not have effect for the purposes of this section until such time as may be so prescribed.
3. The Clerk of the National Assembly shall immediately inform the Independent Electoral Commission of any vacancy among the members of the National Assembly.

92. Recall of Members

93. The Speaker and the Deputy Speaker

1. The Speaker of the National Assembly and the Deputy Speaker shall be elected by the members of the Assembly from among the nominated members.
2. The Chief Justice shall preside at the election of a Speaker.
3. Unless he or she sooner dies or resigns, the Speaker and the Deputy Speaker shall vacate their respective offices-
   1. if he or she ceases to be a member of the National Assembly;
   2. if he or she is removed from that office by a resolution of the National Assembly supported by the votes of not less than two-thirds of all the members of the National Assembly.
4. Persons elected to the office of Speaker or Deputy Speaker shall, before assuming the duties of their respective offices take the prescribed oaths.
5. No business shall be transacted in the National Assembly other than the election of the Speaker or Deputy Speaker when either of those offices is vacant.

94. Clerk of the National Assembly

1. There shall be a Clerk of the National Assembly who shall be appointed by the National Assembly.
2. The office of the Clerk of the National Assembly and the offices of members of his or her staff shall be offices in the public service.

95. Remuneration and allowances

96. General election

1. First chamber selection
   There shall be a general election of all the members of the National Assembly which shall be held three months after the date of election to the office of the President.
2. Notwithstanding the provisions of subsection (1), the President may, in the public interest, declare by Order published in the Gazette, that a general election of all members of the National Assembly shall be held on such date as he or she shall determine.

97. Sessions of the National Assembly

1. The first session of the National Assembly after a general election shall be held in such place in The Gambia as the President may, by Proclamation, appoint.
2. Extraordinary legislative sessions, Emergency provisions
   The President may request the Speaker to summon a session of the National Assembly in the event of a declaration of a public emergency under section 34.
3. Subject to subsections (1) and (2), the National Assembly shall determine the times of its sessions:

   Provided that there shall be a session of the National Assembly at least once in every year.

98. Sittings of National Assembly

1. Subject to section 97, sittings of the the National Assembly shall be at such times as the National Assembly shall appoint:

   Provided that-

   1. the Speaker shall summon a sitting of the National Assembly-
      1. when requested to do so by the President;
      2. within seven days of a request for a meeting of the National Assembly by not less than one quarter of all the members of the National Assembly;
   2. Length of legislative sessions
      The National Assembly shall sit quarterly.
2. Public or private sessions
   Unless the National Assembly otherwise directs for good cause, the sittings of the National Assembly shall be open to the public.

99. Term of the National Assembly

1. Subject to the other provisions of this section, the National Assembly shall stand dissolved on the day immediately preceding the day appointed in accordance with section 97 for the first session of the next following National Assembly.
2. Extraordinary legislative sessions, Emergency provisions
   At any time when The Gambia is at war or a state of emergency is declared, the National Assembly may, by resolution supported by the votes of not less than two-thirds of all the members, extend the life of the National Assembly for not more than three months at a time, but the life of the National Assembly shall not be extended under this subsection for more than a total period of one year.

100. The legislative power

1. Approval or veto of general legislation
   The legislative power of The Gambia shall be exercised by Bills passed by the National Assembly and assented to by the President.
2. The National Assembly shall have no power to pass a Bill-
   1. to establish a one party state;
   2. Official religion
      to establish any religion as a state religion;
   3. to alter the decision or judgement of a court in any proceedings to the prejudice of any party to those proceedings, or deprive any person retroactively of vested or acquired rights, but subject thereto, the National Assembly may pass Bills designed to have retroactive effect.
3. Approval or veto of general legislation
   Where a Bill passed by the National Assembly is presented to the President for his or her assent, the President shall, within thirty days, assent to the Bill or return it to the National Assembly with the request that the National Assembly reconsider the Bill; and if he or she requests the National Assembly to reconsider the Bill, the President shall state the reasons for the request and any recommendations for amendment of the Bill.
4. Veto override procedure
   Where the National Assembly has reconsidered a Bill as so requested in accordance with subsection (3) and has resolved by a vote supported by not less than two thirds of all the members of the National Assembly that the Bill, with or without the amendments recommended by the President, be presented again to the President for his or her assent, the President shall assent to the Bill within seven days of it being so presented.
5. A Bill which has been duly passed by the National Assembly and assented to by the President shall become law as an Act of the National Assembly and the words of enactment shall be: "Enacted by the President and the National Assembly".
6. The President shall cause Acts of the National Assembly to be published in the Gazette within thirty days of assent.
7. No Act of the National Assembly shall come into operation until it has been published in the Gazette, but the Act or some other Act of the National Assembly may provide for the postponement of its coming into force.
8. Nothing in this section shall prevent an Act of the National Assembly from conferring on any person or authority the power to make subsidiary legislation.

101. Introduction of bills and motions

1. Initiation of general legislation
   Subject to the other provisions of this section, a Bill or motion may be introduced in the National Assembly by a member of the Cabinet or by a member of the National Assembly, and the National Assembly shall give consideration to Bills and motions so introduced.
2. No Bill, other than a Bill referred to in subsection (5), shall be introduced into the National Assembly unless it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the Bill, the defects which it is intended to remedy and the necessity for its introduction.
3. No Bill, other than a Bill referred to in subsection (5), shall be introduced into the National Assembly unless it has been published in the Gazette, and such publication has been made at least fourteen days before the date of its introduction:

   Provided that where the President certifies that the enactment of the Bill is required in the public interest as a matter of urgency, the Bill may be introduced notwithstanding it has not been published fourteen days beforehand, but the Speaker shall, on the introduction of the Bill, cause a vote to be taken in the National Assembly without debate on a motion to give consideration to the Bill notwithstanding that the said period of fourteen days has not expired.

4. Without prejudice to the power of the National Assembly to make any amendment (whether by the increase or reduction of any tax or charges, or the amount of any payment or withdrawal, or otherwise), the National Assembly shall not give consideration to a Bill that in the opinion of the person presiding makes provision for any of the following purposes-
   1. Tax bills
      for the imposition of taxation or the alteration of taxation;
   2. for the imposition of any charges on the Consolidated Revenue Fund or any other public fund of The Gambia or the alteration of any such charge;
   3. for the payment, issue or withdrawal from the Consolidated Revenue Fund or any other public fund of The Gambia of moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
   4. Finance bills
      for the composition or remission of any debt due to the Government, unless the Bill is introduced into the National Assembly by the President.
5. Legislative committees
   When a Bill is introduced into the National Assembly, it may be allocated to an appropriate committee for examination, and a report made thereon to the National Assembly.

102. Additional functions of the National Assembly

103. Presiding in the National Assembly

104. Vacancy and quorum

1. The National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the National Assembly first meets after a general election).
2. Quorum for legislative sessions
   The quorum of the National Assembly at the commencement of any sitting is one half of all the members.
3. If, subsequently thereto, objection is taken by any member that there are present in the National Assembly (besides the person presiding) less than one quarter of all the members, and the person presiding is so satisfied, he or she shall immediately adjourn the sitting.

105. Language in the National Assembly

106. Voting in the National Assembly

1. Except as otherwise provided in this Constitution, any matter proposed for decision in the National Assembly shall be determined by a majority of votes of the members present and voting.
2. The person presiding in the National Assembly shall have neither an original nor a casting vote and if on any question before the National Assembly the votes are equally divided, the motion shall be deemed to have been rejected.
3. Any member of the National Assembly who has a direct pecuniary interest in any matter proposed for discussion in the National Assembly shall declare the same to the Speaker and the vote of any such member on such a matter shall be disallowed and he or she shall be deemed not to have voted.

107. Unqualified person sitting or voting

108. Regulation of procedure in National Assembly

1. Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and, in particular, may make Standing Orders for the conduct of its own proceedings.
2. Legislative committees
   Notwithstanding anything to the contrary in this Constitution or in any other law, no decision, order or direction of the National Assembly or any of its Committees or the Speaker relating to the Standing Orders of the National Assembly, or to the application or interpretation of Standing Orders, or any act done by the National Assembly or the Speaker under any Standing Orders, shall be enquired into by any court.

109. Committees of National Assembly

1. The National Assembly shall appoint-
   1. a Public Appointments Standing Committee;
   2. a Finance and Public Accounts Standing Committee;
   3. a Standing Committee of Privileges;
   4. a Standing Committee on Defence and Security, and
   5. such other standing or other committees as it considers necessary for the exercise of its functions.
2. Legislative oversight of the executive
   Committees may be appointed-
   1. to investigate or inquire into the activities or administration of ministries or departments of the Government, and such investigation or inquiry may extend to making proposals for legislation;
   2. to investigate any matter of public importance.
3. For the purpose of effectively performing, its functions, each of the committees shall have all of the powers, rights and privileges as are vested in the High Court at a trial in respect of-
   1. enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
   2. compelling the production of documents;
   3. the issue of a commission or request to examine witnesses abroad.

110. Contempt of National Assembly

111. The National Assembly Service

1. There shall be a National Assembly Service to provide services and support for the National Assembly. The National Assembly Service shall form part of the public service and its members shall be appointed by the National Assembly after consultation with the Public Service Commission.
2. The National Assembly shall establish an authority to supervise the National Assembly Service. The authority shall consist of-
   1. the Speaker as Chairperson;
   2. Legislative committees
      four other members of the National Assembly who shall be appointed by the Speaker acting in accordance with the advice of a committee of the National Assembly;
   3. the Clerk of the National Assembly who shall be secretary of the authority.
3. The Clerk of the National Assembly shall be the administrative head of the National Assembly Service.
4. In addition to its other functions, the National Assembly Service shall provide members of the National Assembly with facilities for the drafting of Bills and the obtaining of such reasonable information from the relevant Government department as may be required for that purpose.

112. Responsibilities of members

113. Freedom of speech and debate

114. Privilege of the National Assembly

115. Immunity from service of process and arrest

116. Immunity from witness summons

117. Immunity from jury service

118. Immunity for Publication of proceedings

119. Privileges of witnesses

1. Every person summoned to give evidence or to produce any paper, book, record or other document before the National Assembly or any committee of the National Assembly shall be entitled, in respect of his evidence or the production of such document as the case may be, to the same privileges as if he or she were appearing before a court.
2. Where the President or any member of the Cabinet certifies that the disclosure of the contents of any document sought by the National Assembly or a committee of the National Assembly will be injurious to the public interest or prejudicial to the security of the State, the National Assembly or such committee shall only give consideration to such document in private and under such conditions as will prevent the disclosure of the contents of such document outside the National Assembly or the committee as the case may be, and shall not publish the document or its contents.
3. An answer by a person to a question put by the National Assembly shall not be admissible evidence against him or her in any civil or criminal proceedings outside the National Assembly other than proceedings for perjury brought under the criminal law.

120. The courts and the judicial power

1. Structure of the courts
   The Courts of The Gambia are:
   1. the Superior Courts comprising:
      1. the Supreme Court;
      2. Right to appeal judicial decisions
         the Court of Appeal; and
      3. the High Court and the Special Criminal Court;
   2. the Magistrates Court, the Cadi Court, District Tribunals and such lower courts and tribunals as may be established by an Act of the National Assembly.
2. The judicial power of The Gambia is vested in the courts and shall be exercised by them according to the respective jurisdiction conferred on them by law.
3. Judicial independence
   In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this Constitution and the law, and, save as provided in this Chapter, shall not be subject to the control or direction of any other person or authority.
4. The Government and all departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.

121. The Chief Justice

1. The Chief Justice shall be the head of the Judiciary and, subject to the provisions of this Constitution, shall be responsible for the administration and supervision of the courts.
2. An Act of the National Assembly may provide for the making of rules by the Chief Justice or such other authority as may be specified therein for regulating the practice and procedure of the courts.

122. The Superior Courts

123. Immunity from suit

124. Courts to give timely decisions

1. Right to speedy trial
   It shall be the object of every court to deliver its decision expeditiously and-
   1. Constitutional interpretation
      in the case of a reference to the Supreme Court as to the interpretation of this Constitution or as to whether or not any person was validly elected to the office of President or was validly elected to, or vacated his or her seat in, the National Assembly, not later than thirty days; or
   2. in any other case, not later than three months, after the conclusion of the evidence, or arguments on appeal, and final addresses.

      Provided that vacations shall be excluded from any prescribed period.

2. It shall be the duty of the Chief Justice to require compliance with the provisions of subsection (1).
3. For the avoidance of doubt, it is hereby declared that the validity of any decision shall not be called in question on the grounds that it was not delivered in accordance with the provisions of subsection (1).

A. The Supreme Court

B. The Court of Appeal

C. The High Court

D. Special Criminal Court

137. The Cadi Court

1. A Cadi Court shall be established in such places in The Gambia as the Chief Justice shall determine.
2. The Cadi Court shall be composed-
   1. for hearings at first instance, by a panel consisting of the Cadi and two other scholars of the Sharia qualified to be a Cadi or Ulama; and
   2. [Act No. 6 of 2001.]
3. The decision of the majority of a panel of a Cadi Court shall constitute the decision of the Court.
4. The Cadi Court shall only have jurisdiction to apply the Sharia in matters of marriage, divorce and inheritance where the parties or other persons interested are Muslims.
5. Any party to a proceeding in the Cadi Court who is dissatisfied with a decision of the Court may appeal to the Cadi Appeals Panel.
6. A person shall be required to be of high moral standing and professionally qualified in the Sharia in order to be appointed a Cadi or Ulama.
7. A party to proceedings in the Cadi court shall be entitled to be represented, at his or her own expense, by a person qualified in the Sharia.

137A. Cadi Appeals Panel

1. There shall be a Cadi Appeals Panel which shall Panel 6 of 2001 consist of-
   1. a Chairperson; and
   2. not less than four other members.
2. The Panel shall be constituted by three members of the Panel.
3. The Chairperson of the Panel shall preside at a sitting of the Panel and in his or her absence, the most senior member shall preside.
4. The Chairperson and other members of the Panel shall be appointed by a Cadi Appeals Selection Committee which shall consist of-
   1. the Chief Justice;
   2. the Attorney General; and
   3. a member of the Supreme Islamic Council nominated by that Council.
5. A person shall not be qualified for appointment to the Panel-
   1. as a Chairperson, unless the person-
      1. is a legal practitioner and has been so qualified for a period of not less than five years, and
      2. is professionally qualified in the Sharia;
   2. as a member, unless the person is professionally qualified in the Sharia.
6. The Panel shall have jurisdiction to hear and determine appeals from judgment of the Cadi Court and from the District Tribunals where Sharia law is involved.
7. The Cadi Appeals Selection Committee shall prescribe the rules of practice and procedure of the Panel.

138. Appointment of judges

1. Establishment of judicial council
   The Chief Justice shall be appointed by the President after consultation with the Judicial Service Commission.
2. Ordinary court selection, Establishment of judicial council
   All other judges of the superior courts except the judges of the Special Criminal Court shall be appointed by the President on the recommendation of the Judicial Service Commission.
3. Appointments of judges of the Superior Courts shall be by warrant signed by the President and sealed with the Public Seal.
4. Before assuming the functions of his or her office, a judge of the superior courts shall take the prescribed oaths.

139. Qualifications for appointment of judges

1. Eligibility for supreme court judges
   A person shall be qualified for appointment as Chief Justice if he or she is qualified to be appointed a judge of the Supreme Court and has been a judge of a superior court in a common law country for not less than ten years.
2. Eligibility for supreme court judges
   A person shall be qualified to be appointed a judge of the Supreme Court if he or she holds or has held office as a judge of the Court of Appeal, or as a judge of a court having similar jurisdiction in a common law country, in each case for not less than five years, or if he or she has practised as a legal practitioner before a court having unlimited jurisdiction in civil and criminal matters in a common law country for not less than twelve years.
3. Eligibility for ordinary court judges
   A person shall be qualified to be appointed as a judge of the Court of Appeal if he or she holds or has held office as a judge of the High Court, or as a judge of a court having similar jurisdiction in a common law country, in each case for not less than five years, or if he or she has practised as a legal practitioner before a court having unlimited jurisdiction in civil and criminal matters in a common law country for not less than eight years.
4. Eligibility for ordinary court judges, Establishment of judicial council
   A person shall be qualified to be appointed as a judge of the High Court if he or she holds or has held office as a Principal Magistrate or Master in The Gambia, or an office, which in the opinion of the Judicial Service Commission, enjoys a comparable jurisdiction in a common law country, in each case for not less than five years, or if he or she has practised as a legal practitioner before a court having unlimited jurisdiction in civil and criminal matters in a common law country for not less than five years.
5. In this section, "common law country" means-
   1. a country within the Commonwealth;
   2. a country outside the Commonwealth prescribed by an Act of the National Assembly for the purposes of this section the courts of which exercise a common law jurisdiction.

140. Vacancy in office of Chief Justice

141. Tenure of office of judges

1. No office of judge shall be abolished while there is a substantive holder thereof.
2. Ordinary court term length
   Subject to the provisions of this section, a judge of a Superior Court-
   1. may retire on pension at any time after attaining the age of sixty-five years;
   2. Supreme court term length, Mandatory retirement age for judges
      shall vacate the office of judge on attaining the age of seventy-five years;
   3. Establishment of judicial council
      may have his or her appointment terminated by the President in consultation with the Judicial Service Commission.
3. Notwithstanding that he or she has attained the age at which he or she is required to vacate his or her office as provided in this section, a person holding the office of judge may continue in office for a period of six months after attaining that age to enable him or her to deliver judgement or do any other thing in relation to proceedings that were commenced before him or her previously thereto.
4. A judge of a Superior Court shall only be removed from office only for inability to perform the functions of his or her office, whether arising from infirmity of body or mind, or for misconduct.
5. A judge may be removed from his office if notice in writing is given to the Speaker, signed by not less than one half of all the voting members of the National Assembly, of a motion that a judge is unable to exercise the functions of his or her office on any of the grounds stated in subsection (4) and proposing that the matter should be investigated under this section.
6. Where a notice of a motion is received by the Speaker under Subsection (5), the Speaker shall forthwith cause a vote to be taken on the motion without debate.
7. If such motion is adopted by the votes of not less than two-thirds of all the members of the National Assembly-
   1. The National Assembly shall, by resolution, appoint a tribunal consisting of three persons, at least one of whom shall hold or shall have held high judicial office who shall be the chairman of the tribunal;
   2. the tribunal shall investigate the matter and shall report to the National Assembly through the Speaker whether or not it finds the allegations specified in the motion have been substantiated;
   3. if the tribunal reports to the National Assembly that it finds the particulars of any such allegation have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation;
   4. if the tribunal reports to the National Assembly that it finds that the particulars of any such allegation have been substantiated, the National Assembly shall consider the report at the first convenient sitting and if, on a motion supported by the votes of not less than two-thirds of all the members, the National Assembly resolves that the judge be removed from office, the judge shall immediately cease to hold office.
8. Where a tribunal is established under this section in respect of any judge, the judge shall stand suspended from office. The suspension shall cease to have effect if the tribunal reports that none of the allegations against the judge has been substantiated or if a motion for his or her removal from office is not supported as provided in paragraph (d) of subsection (7).
9. All proceedings in a tribunal under this section shall be held in camera and the judge concerned shall have the right to appear and be legally represented before the tribunal.

142. Remuneration of judges

1. A judge of a Superior Court shall be entitled to such salary, allowances, and on retirement such gratuity and pension, as may be prescribed by an Act of the National Assembly.
2. Protection of judges' salaries
   The salary, allowances, retirement gratuity and pension of a judge, as so prescribed at the time of his or her appointment, shall not be varied to his or her disadvantage

143. Administrative provisions

1. In the exercise of his or her responsibilities for the administration of the courts, the Chief Justice may issue orders and directions for the proper and efficient operation of the courts.
2. There shall be a Judicial Secretary to assist the Chief Justice in the exercise of his or her responsibilities for the administration of the courts and financial matters. The Judicial Secretary shall be responsible to the Chief Justice for the performance of his or her duties.
3. The Judicial Secretary shall be appointed by the President on the advice of the Judicial Service Commission.

144. Financial

1. The Chief Justice shall submit the annual estimates of expenditure for the Judicature to the President for presentation to the National Assembly in accordance with this Constitution. The President shall cause the estimates to be placed before the National Assembly without amendment, but may attach to them his or her own comments and observations.
2. The Judicature shall be self-accounting, and the moneys charged on the Consolidated Fund or appropriated by an Act of the National Assembly for the Judicature, shall be paid by the Accountant General to the accounting officer for the Judicature as required by the Chief Justice.

145. The Judicial Service Commission

1. There shall be a Judicial Service Commission which shall consist of-
   1. the Chief Justice, who shall be Chairman;
   2. a judge of a superior court;
   3. the solicitor General
   4. a legal practitioner of at least five years standing at the Gambia bar nominated by the Attorney General in consultation with The Gambia Bar Association;
   5. one person appointed by the President; and
   6. one person nominated by the National Assembly.
2. The members of the Commission (other than the members referred to in paragraphs (a) (e) and (g) of subsection (1)) shall be appointed by the President in consultation with the Chief Justice and subject to confirmation by the National Assembly.
3. A member of the National Assembly shall not be qualified to be appointed a member of the Commission.
4. Subject to subsection (5), a member of the Commission shall hold office for a term of three years and may be re-appointed.
5. Outside professions of legislators
   A member of the Commission shall vacate his or her office if he or she ceases to hold the office specified in subsection (1) by virtue of which he or she was appointed or if he becomes a member of the National Assembly.
6. A member of the Commission (other than an ex officio member) may be removed from office by the President with the approval of the National Assembly, but may only be removed for inability to exercise the functions of his or her office (whether arising from infirmity of mind or body or for any other cause) or for misbehaviour. A member shall be entitled to be heard in person or by a legal representative against any proposal to remove him or her.
7. If a member of the Commission is, for any reason, unable to exercise the functions of his or her office for a limited period, the President, acting in accordance with the advice of the Chief Justice, may appoint a person similarly qualified to act in his or her place.
8. A member of the Commission shall not enter upon the duties of his or her office until he or she has taken and subscribed the prescribed oaths.

146. Appointment of Judicial Officers and court staff

1. The power to appoint persons to hold or act in any office to which this subsection applies shall vest in the Judicial Service Commission:

   Provided that the Commission may, with the approval of the Chief Justice and subject to any conditions as it may think fit, delegate the powers referred to in this subsection to any judge or to the holder of any office to which this subsection applies.

2. Subsection (1) applies to the offices of-
   1. Master, Registrar and Assistant Registrar of a superior court;
   2. the office of magistrate;
   3. the office of a member of any subordinate court;
   4. such other offices of a member of any court as may be prescribed by an Act of the National Assembly.
3. The appointment of other officers and staff of the courts shall be made by the Chief Justice or such other judge or officer of the court as the Chief Justice after consultation with the Judicial Service Commission may direct.

147. Other functions of Commission

148. Operation and procedure

1. In the exercise of its functions under this Constitution, the Judicial Service Commission shall not be subject to the direction or control of any other person or authority.
2. The Commission may by rules or otherwise regulate its own procedure.
3. The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of a member:

   Provided that any decision of the Commission shall require the concurrence of a majority of its members.

149. Taxation

1. No taxation shall be imposed except by or under the authority of an Act of the National Assembly.
2. An Act of the National Assembly may make provision-
   1. Tax bills
      for the collection of taxes proposed to be imposed or altered in a Bill which has been presented to the National Assembly during a period of four months from the date of presentation or such longer period as may be specified in a resolution passed by the National Assembly after the Bill has been presented; or
   2. Municipal government
      for any local government authority established by law to impose taxation within the area for which such authority is established, and to alter such taxation, but no provision shall include power to waive any tax due.
3. Where any law confers power on any person or authority to waive or vary a tax imposed by any law, the exercise of that power in favour of any person or authority shall be subject to the approval of the National Assembly.

150. Consolidated Fund

1. There shall be a Consolidated Fund into which shall be paid-
   1. all revenues or other money raised or received for the purposes of, or on behalf of, the Government; and
   2. any other money raised or received in trust for, or on behalf of, the Government.
2. Notwithstanding subsection (1), an Act of the National Assembly may provide-
   1. for the payment of particular revenue or other money into some other fund established for a specific purpose;
   2. for the retention of revenue or other money by the department of Government that received it for the purpose of defraying the expenses of that department.

151. Withdrawal from Consolidated and other Funds

1. No money shall be withdrawn from the Consolidated Fund except-
   1. to meet expenditure charged on that fund by this Constitution or an Act of the National Assembly; or
   2. where the issue of that money has been authorised by an Appropriation Act, a Supplementary Appropriation Act or in accordance with subsection (4) of this section.
2. No money shall be withdrawn from any other public fund of The Gambia unless the issue of that money has been authorised by law.
3. No money shall be withdrawn from the Consolidated Fund or any other public fund of The Gambia (including a withdrawal under subsection (4)) unless the withdrawal has been approved by the Auditor-General or a member of the National Audit Office designated by him or her for the purpose and it is made in the manner prescribed by an Act of the National Assembly.
4. If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of that financial year, the President may authorise the withdrawal of money from the Consolidated Fund for the purposes of meeting expenditure necessary to carry on the services of the Government for a period not exceeding four months from the beginning of the financial year.
5. The withdrawal of funds in accordance with subsection (4) shall not exceed one third of the sums authorised for the relevant services by the Appropriation Act for the immediately preceding financial year.
6. Where money is charged on the Consolidated Fund or any other public fund by law, it shall be paid out of that fund to the person or authority to whom it is due.

152. Annual estimates and Appropriation

1. The President shall cause the Minister responsible for finance to prepare and lay before the National Assembly at least thirty days before the end of the financial year, estimates of the revenue and expenditure of The Gambia for the following financial year. The estimates shall include any estimates which, under this Constitution, are to be submitted directly to the President by the Chief Justice or any other authority for presentation by the President to the National Assembly.
2. The National Assembly shall, within fourteen days of the estimates being laid before it, give consideration to and approve the estimates.
3. [Deleted by Act No. 6 of 2001.]
4. When estimates of expenditure have been approved by the National Assembly, an Appropriation Bill shall be introduced in the National Assembly for the issue from the Consolidated Fund of the sums necessary to meet that expenditure (other than expenditure charged on the Consolidated Fund), under separate votes for the several services required and for the purposes specified therein.
5. The National Assembly shall, within seven days of the introduction of the Appropriation Bill, give consideration to and pass the Bill.
6. Economic plans
   In addition to presenting the estimates for the following financial year, the President may cause to be prepared and presented to the National Assembly:
   1. fiscal and monetary programmes and plans for economic and social development covering periods exceeding one year; and
   2. estimates of revenue and expenditure in respect of such programmes and plans.
7. The Chief Justice and any other authority which is entitled to draw up its own estimates for presentation by the President to the National Assembly shall provide the President with such estimates at least ninety days before the end of the previous financial year.
8. An Act of the National Assembly may make provision to give effect to this section.

153. Supplementary appropriation

1. Subject to section 154, if in respect of any financial year it is found that the amount appropriated under the Appropriation Act is insufficient or that a need has arisen for a purpose for which no amount has been appropriated by that Act, a supplementary estimate showing the sums required shall be laid before the National Assembly before the expenditure has been incurred.
2. Where a supplementary estimate or estimates have been approved by the National Assembly, a Supplementary Appropriation Bill shall be introduced into the National Assembly for the appropriation of the sums so approved.

154. Contingencies Fund

1. An Act of the National Assembly may make provision for the establishment of a Contingencies Fund and for authorising the President to make advances from that fund if he or she is satisfied that there has arisen an unforeseen and urgent need for expenditure for which no other provision exists:

   Provided that the President shall not authorise any expenditure from the Contingencies Fund in excess of one per cent of the estimates approved by the National Assembly for the current year before he or she has caused a supplementary estimate in respect of such excess expenditure to be presented to the National Assembly.

2. Where any advance is made from the Contingencies Fund, a supplementary estimate shall be presented, and a Supplementary Appropriation Bill shall be introduced for the purpose of replacing the amount so advanced within ninety days of the advance being made.

155. Loans

1. The National Assembly may, by resolution supported by the votes of a majority of all the members, authorise the Government to enter into an agreement for the granting of a loan out of any public fund or public account.
2. An agreement to which subsection (1) refers shall be laid before the National Assembly and shall not come into effect until it is approved by the National Assembly.
3. No loan shall be raised by the Government on behalf of itself or any other person or authority otherwise than by or under the authority of an Act of the National Assembly.
4. An Act of the National Assembly authorising the raising of a loan shall provide-
   1. that the terms and conditions of a loan shall be laid before the National Assembly and that the loan agreement shall not come into operation until they have been approved by the National Assembly; and
   2. that any money received in respect of a loan shall be paid into the Consolidated Fund or some other public fund of The Gambia.
5. An Act of the National Assembly may provide for the application of this section, with any necessary modifications, to-
   1. any guarantee by the Government; or
   2. an international business or economic transaction to which the Government proposes to become a party.
6. The President shall, at such times as the National Assembly may require, present to the National Assembly such information as he or she may have relating to-
   1. the granting of loans, their servicing and repayment;
   2. the payment into the Consolidated Fund or other public fund of money derived from loans raised on institutions outside The Gambia.

156. Salaries, etc., charged on Consolidated Fund

1. The salaries and allowances, and the retirement benefits, of the holder of the offices to which this section applies shall be a charge on the Consolidated Fund.
2. This section applies to the offices of-
   1. the President and the Vice-President;
   2. the Speaker;
   3. a judge of a superior court;
   4. a member of the Independent Electoral Commission;
   5. the Auditor-General;
   6. the Ombudsman; and
   7. the Director of Public Prosecutions.

157. The Public Debt

1. The public debt of The Gambia shall be a charge on the Consolidated Fund and such other public fund as an Act of the National Assembly may prescribe.
2. For the purposes of this section, the public debt includes interest on the debt, sinking fund payments and redemption money in respect of that debt, and all costs, charges and expenses incidental to the management and repayment of that debt.

158. The Auditor-General

1. There shall be an Auditor-General whose office shall be an office in the public service.
2. Head of state powers
   The Auditor-General shall be appointed by the President after consultation with the Public Service Commission.
3. Before assuming the functions of his or her office, the Auditor-General shall take and subscribe the prescribed oaths.
4. Subject to the other provisions of this section, a person holding the office of Auditor-General shall vacate his or her office when he or she attains the compulsory retirement age, or upon the termination of his or her appointment by the President.
5. A person holding the office of Auditor-General may be removed from office only for inability to perform the functions of his or her office (whether from infirmity of mind or body or from any other cause) or for misbehaviour or incompetence.

159. National Audit Office

1. There shall be a National Audit Office in the public services of which the Auditor General shall be the head, and the other members of which shall assist the Auditor-General in the performance of the functions conferred on him or her by this Constitution or any Act of the National Assembly.
2. Subject to any Act of the National Assembly, the staff of the National Audit Office shall be appointed by the Auditor-General after consultation with the Public Service Commission, and, in the case of such senior or professional staff as may be prescribed by regulations of the Public Service Commission.
3. The accounts of the National Audit Office shall be audited by an appropriately qualified auditor or firm of auditors appointed by the Finance and Public Accounts Committee.
4. The Auditor-General shall submit the annual estimates of expenditure for the National Audit Office for the following year to the President for presentation to the National Assembly in accordance with this Constitution. The President shall cause the estimates to be placed before the National Assembly without amendment, but may attach to them his or her own comments and observations.

160. Functions of Auditor-General

1. The Auditor-General shall-
   1. before any money is withdrawn from the Consolidated Fund or any other public fund, ensure that the withdrawal is in accordance with the provision charging the same on that fund or the relevant Appropriation Act or other Act of the National Assembly and that it complies with the procedures prescribed by an Act of the National Assembly;
   2. satisfy himself or herself that money charged on the Consolidated Fund or other public fund, or appropriated by an Act of the National Assembly, and expended, has been applied for the purpose for which it was so charged or appropriated, and that expenditure conforms to the authority that governs it;
   3. at least once in every year audit and report on the public accounts of The Gambia, the accounts of all offices and authorities of the Government of The Gambia, the accounts of the courts, the accounts of the National Assembly and the accounts of all Public Enterprises;
   4. within six months of the end of the immediately preceding financial year to which each of the accounts referred to in paragraph (c) relates, report to the National Assembly on the accounts and draw attention to any irregularities in the accounts audited and to any other matter which, in his or her opinion, ought to be brought to the notice of the National Assembly;
   5. after his or her annual reports on the accounts of the Government of The Gambia, of all offices and authorities of the Government, of the courts and of the National Assembly have been discussed in the National Assembly, cause the same to be published for public information:

      Provided that where there is any undue delay in the discussion of any such accounts in the National Assembly, the Auditor-General may publish his or her report in advance of such discussion;

   6. exercise such other functions as may be conferred on him or her by an Act of the National Assembly.
2. In the exercise of his or her functions under this Constitution or any other law, the Auditor General shall-
   1. at all times carry out economy, efficiency and effectiveness examinations to satisfy himself or herself that public funds are spent in such manner as to reduce waste, eliminate inefficiency and maximise the benefits to be gained from the use of resources;
   2. have power to disallow any item of expenditure which is contrary to law and to surcharge:
      1. the amount of any expenditure so disallowed upon the person responsible for incurring or authorising the expenditure; or
      2. any sum which has not been brought into account upon the person by whom that sum ought to have been brought into account; or
      3. the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred.
3. A person aggrieved by any disallowance or surcharge made by the Auditor-General may appeal to the High Court.
4. The Auditor-General and any member of the National Audit Office authorised by him or her shall have power to call for and inspect all books, records, returns, reports and other documents in the exercise of the functions conferred upon him or her by this Constitution or an Act of the National Assembly and to make such enquiries and to call such witnesses who, in his or her opinion, have any responsibilities, in relation to the accounts referred to in subsection (1).
5. Wherever discrepancies of a criminal or fraudulent nature are discovered during the audit of accounts by the Auditor-General, he or she shall immediately cause a report of his or her findings to be submitted to the Inspector General of Police.
6. Where the Government holds a minority interest in any company, the Auditor-General may exercise, on behalf of the Government, the power to inspect the books of account of the company and report to the Government.
7. In the exercise of his or her functions under this Constitution or any other law, the Auditor-General shall not be subject to the direction or control of any other person or authority.
8. Nothing in this Constitution shall preclude the Auditor-General, at the request of the head or governing body of any public body, corporation or institution referred to in subsection (1) (c), or on his or her own initiative, from carrying out any special audit of such body, corporation or institution; and where he or she carries out such a special audit, it shall be reported to the Finance and Public Accounts Committee.
9. The Finance and Public Accounts Committee of the National Assembly may extend the time within which any such report as is referred to in subsection (1)(d) shall be made to the National Assembly.

161. Establishment of Central Bank

1. There shall be a Central Bank of The Gambia
2. The Central Bank shall be the only authority to issue the currency of The Gambia.
3. The Central Bank shall be the sole banker of the Government and it shall be the principal depositary bank for all funds raised for, or on behalf of, the Government.
4. The Central Bank shall-
   1. promote and maintain the stability of the currency of The Gambia;
   2. direct and regulate the financial, insurance, banking and currency system in the interest of the economic development of The Gambia;
   3. encourage and promote sustainable economic development and the efficient utilisation of the resources of The Gambia through the effective and efficient operation of a banking and credit system;
   4. exercise such other functions as may be conferred on the Central Bank by an Act of the National Assembly.
5. It shall be the duty of the Central Bank to ensure that all money paid to or received for or on behalf of the Government is recorded in proper books of account in accordance with recognised accounting standards. It shall ensure that all withdrawals from the various Government accounts with itself are properly authorised in accordance with this Constitution and any Act of the National Assembly and that the overdrawing on any of the Government's accounts with itself is permitted only if so authorised.

162. The Board of the Central Bank

1. The authority of the Central Bank shall vest in the Board of Directors of the Bank which shall comprise-
   1. a Chairman, who shall be the Governor and Chief Executive of the Bank; and
   2. four other Directors.
2. The members of the Board of Directors shall be appointed from among persons of standing and experience in financial matters by the President, in consultation with the Public Service Commission.
3. Subject to the provisions of this section the Directors, other than the Chairman, shall be appointed for a term of two years and the appointments shall be made with a view to ensuring that no more than two such Directors' terms of office expire in any one year. Such Directors may be re-appointed for a further term.
4. Head of state powers
   Any Director may be removed from office by the President if-
   1. he or she is convicted of an offence involving dishonesty or fraud;
   2. he or she is declared bankrupt or makes a composition with his or her creditors;
   3. he or she is unable to perform the functions of his or her office due to infirmity of mind or body or for any other cause;
   4. he or she knowingly engages in any activity detrimental to the interests of the Central Bank.
5. A Director shall have the right to be heard in person or by his or her legal representative against any proposal to remove him or her.
6. Where a Director is, by reason of illness which is believed to be of limited duration, unable to perform the functions of his or her office, the President may appoint a suitably qualified person to act for such Director.
7. Except with the approval of the National Assembly, neither the Governor nor any General Manager of the Central Bank shall hold any other office of profit or emolument or occupy any other position carrying the right to remuneration for the rendering of services.
8. Nothing in this section shall be construed as prohibiting any Director, other than the Governor, from conducting business with the Central Bank or any other person or authority, provided he or she declares his or her interest in writing to the Board of Directors and abstains from participating in any meeting of the Board at which a matter in which he or she has such an interest is a subject for discussion.
9. The Board of Directors shall regulate its own procedures and may make rules and give directions to regulate the administration of the Central Bank and the conduct of its business.
10. Within three months following the end of its financial year, the Central Bank shall submit to the National Assembly a report of its activities and business for the previous year.
11. In the performance of its functions, the Central Bank shall be subject to the direction and control of the Ministry of Finance, in accordance with the Central Bank Act, or any Act of the National Assembly amending or replacing the said Act.
12. The Central Bank shall have regular consultations with the President and any other relevant authorities or agencies.

166. The Public Service

1. Subject to an Act of the National Assembly, the public service of the Gambia shall comprise the civil service as established immediately before this Constitution comes into force and the offices declared elsewhere in this Constitution to be offices in the public service.
2. Subject to this Constitution, Acts of the National Assembly may provide for the establishment and regulation of separate public services of The Gambia (which may include common services for the staff of local government authorities or the staff of Public Enterprises). Any such Act shall include provision for-
   1. the appointment or election of a competent authority for the administration of the particular public service;
   2. the functions and membership of the service, and may provide for an appointing authority other than the Public Service Commission for the service. Any such particular public service shall form part of the public service of The Gambia.
3. For the avoidance of doubt, it is hereby declared that an office in the public service includes the office of judge of a superior court, and of any other court the emoluments of which are payable out of any public fund of The Gambia, and the office of a principal representative of The Gambia abroad.
4. In this Constitution, an office in the public service does not include-
   1. the offices of President, Vice-President, Speaker or Deputy Speaker of the National Assembly, Secretary of State or a member of the National Assembly;
   2. the offices of a member of any commission (other than a commission the members of which are hereby or by an Act of National Assembly declared to hold an office in the public service), or a member of the Advisory Committee on the exercise of the Prerogative of Mercy or the Advisory Committee on the conferment of honours.

167. Appointment to and removal from offices in the public service

168. Head of the Civil Service

1. Head of state powers
   The President, acting in accordance with the advice of the Public Service Commission, shall appoint a person holding an office in the public service on permanent terms to be the Head of the Civil Service. The Head of the Civil Service shall be the competent authority for the Civil Service.
2. The Head of the Civil Service shall not hold any other office of profit or emolument in the service of The Gambia.

169. Protection of public servants

1. No public servant shall be-
   1. victimised or discriminated against either directly or indirectly for having discharged his other duties faithfully and according to law;
   2. be removed from office or reduced in rank or otherwise punished without just cause.
2. In this section, "public servant" means a person holding an office in the public service, a person in the service of local government authority, and a person in the service of a Public Enterprise.

170. Restriction on political activities of public servants

1. A person holding an office in the public service shall not hold office in any political party.
2. Any person who holds an office in a public service who wishes to contest an election for political office shall, prior to nomination as a candidate, obtain one year's leave of absence without pay, which leave shall not unreasonably be refused.
3. If a person who has obtained leave of absence in accordance with this section is elected to a political office, he or she shall immediately resign from his or her office in the public service and, if he or she fails to do so, he or she shall be removed from such office.

171. Retirement age

172. Establishment of Commission

1. There shall be a Public Service Commission for The Gambia.
2. Head of state powers
   The Public Service Commission shall comprise a Chairman and not less than two nor more than four other members. The members shall be persons of high integrity and good character and shall be appointed by the President. All the members of the Commission shall be full time members.
3. A person shall not be qualified to be appointed a member of the Public Service Commission if he or she-
   1. Restrictions on the armed forces
      is a member of a public service or a member of a disciplined force;
   2. is a member of the National Assembly or of a local government authority;
   3. is a member of the governing body of a Public Enterprise;
   4. is a member of the executive body of a political party;
   5. has, within the two years preceding his or her appointment, been nominated as a candidate in an election to the National Assembly; or
   6. is not qualified to be elected as a member of the National Assembly or is disqualified from holding an office in the public service.
4. A member of the Public Service Commission shall not hold any other public office and shall be disqualified for appointment to any office in the public service during a period of three years after he or she ceases to be a member of the Commission.
5. Subject to the provisions of this section, the members of the Public Service Commission shall be appointed for a term of two years, which term shall be renewable:

   Provided that half of the members first appointed after the coming into force of this Constitution shall be appointed for shorter terms in order to provide continuity in the Commission

6. Head of state powers
   A member of the Public Service Commission may be removed from office by the President only for inability to perform the functions of his or her office by reason of infirmity of mind or body or any other cause, or for misconduct or incompetence.
7. Before assuming the functions of his or her office, a member of the Public Service Commission shall take the prescribed oaths.
8. Except as provided in this Constitution or any other law not inconsistent with this Constitution, in the exercise of its functions under this Constitution, the Public Service Commission shall not be subject to the direction or control of any other person or authority.

173. Powers of appointment

1. Save as otherwise provided in this Constitution or any Act of the National Assembly for the establishment of a particular public service, the power to make appointments to offices in the public service shall vest in the Public Service Commission.
2. Subsection (1) does not apply in relation to-
   1. any office in the service of a local government authority;
   2. any office as a member, or in the service, of a Public Enterprise;
   3. any office as a member of the disciplined forces.
3. The power to make an appointment to the office of permanent secretary of a department of the Government shall be exercised by the Public Service Commission in consultation with the Head of the Civil Service.
4. No person shall be appointed to the personal staff of the President or the Vice-President except with the agreement of the President or Vice-President, as the case may be.
5. The power to appoint persons to hold or act in any office in an institution of higher education, research or professional training established within the public service, shall vest in the governing body of that institution.
6. The Commission shall, in any case in which this Constitution requires an appointment to be made after or in consultation with, or on the recommendation of, the Commission, exercise its powers in that regard, and may, at the request of the President or the competent authority concerned, render advice on appointments within their respective powers.

174. Other powers of Commission

1. The Public Service Commission shall have power-
   1. to make provision for the overall management and efficiency of the public service;
   2. to review the terms and conditions of service of persons holding office in the public service;
   3. to review the General Orders and Regulations of the public service and the requirements of the public service as respects training and qualifications and to advise the Government thereon;
   4. to prescribe the terms and standards for entrance and promotion examinations and establish standards and guidelines for the public service.
2. The Public Service Commission shall have such supervisory and regulatory powers to give effect to their functions under subsection (1) as may be prescribed by an Act of the National Assembly.
3. Subject to this Constitution and any Act of the National Assembly establishing a particular public service, the functions of the Commission under subsection (1) may be exercised in respect of offices in the public service notwithstanding that the power to make appointments to such offices is vested in some person or authority other than the Commission.
4. The President may delegate such of his or her powers relating to the public service as he or she thinks fit to the Public Service Commission or to the competent authority for any particular service of the public service, subject to such conditions as may be included in the instrument of delegation or any subsequent instrument.
5. The Public Service Commission may with the approval of the President and subject to confirmation by the National Assembly make regulations for the performance of its functions.
6. The Public Service Commission shall submit an annual report on the performance of its functions to the National Assembly.

175. Public Enterprises

1. In this Constitution, "Public Enterprise" means any body corporate or other body or institution wholly owned or controlled by the Government.
2. Head of state powers
   The members of the Board of Directors or other governing body of a Public Enterprise shall be appointed by the President after consultation with the Public Service Commission and shall be selected from amongst persons of integrity, competence and maturity of judgement. A member of the National Assembly, the holder of a political office or an officer of a political party shall not be qualified to be appointed to the Board of Directors or other governing body of a Public Enterprise.
3. Head of state powers
   The Chief Executive of a Public Enterprise shall be appointed by the President after consultation with the Board of Directors or other governing body of the Public Enterprise and the Public Service Commission. All other appointments to the staff of a Public Enterprise shall be made by the Board of Directors or governing body, or by some member of the staff of the Public Enterprise appointed by the Board or governing body.
4. Transitional provisions
   Within six months of the coming into force of this Constitution, an Act of the National Assembly shall establish a committee to monitor the operations of Public Enterprises, and shall prescribe the manner in which such enterprises shall be accountable to the National Assembly and shall conduct their affairs in order to promote efficiency, transparency and probity in all their undertakings.
5. Legislative committees
   A Public Enterprise shall, within three months of the end of its financial year submit an annual report to the National Assembly on its business and operations during the preceding year:

   Provided that the appropriate committee of the National Assembly may extend the time for the submission of any report.

6. On the coming into force of this Constitution, the Public Service Commission shall provide existing Public Enterprises with guidelines on personnel matters and shall provide such guidelines to any Public Enterprise established thereafter.

176. Protection of pension rights

1. The law applicable to any benefits to which this section applies shall, in relation to any person who has been granted, or who is eligible to be granted, such benefits, be that in force on the relevant date or any later law that is not less favourable to that person.
2. In this section, "the relevant date" means-
   1. in relation to benefits granted before the 18th February 1965, the date on which those benefits were granted;
   2. in relation to any benefits granted on or after the 18th February 1965 to or in respect of any person who was a public officer before that date, the 18th February 1965;
   3. in relation to any benefits granted or to be granted to or in respect of any person who became, or becomes, a public officer on or after the 18th February 1965, the date on which he or she became or becomes a public officer.
3. Where any person is entitled to exercise an option as to which of two or more laws shall apply in his or her case, the law specified by him or her in exercising the option shall, for the purpose of this section, be deemed to be more favourable to him or her than the other law or laws.
4. Any benefit to which this section applies (not being a benefit that is a charge on some other fund of The Gambia) shall be a charge on the Consolidated Fund or upon such other special fund, whether contributory or noncontributory, as may be prescribed by Act of the National Assembly.
5. This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service.
6. Reference to the law applicable to any benefits to which this section applies includes references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits.

177. Public service pensions to be free of tax

178. The Gambia Police Force

1. There shall be a Police Force of The Gambia of which the Inspector-General of Police shall be the Head.
2. The Police Force shall be equipped and maintained to perform its traditional role of maintaining law and order, and such other functions as may be prescribed by an Act of the National Assembly.
3. No person or authority shall raise any other police force or service except by or under the authority of an Act of the National Assembly.
4. [Deleted by Act No. 6 of 2001.]

182. The Gambia Prison Service

1. There shall be a Prison Service which shall be headed by the Commissioner of Prisons.
2. An Act of the National Assembly shall prescribe the functions and powers of the Prison Service.

183. Control of Prison Service

184. Prison Service

185. Appointments in Prison Service

1. Advisory bodies to the head of state, Head of state powers
   The Commissioner of Prisons shall be appointed by the President after consultation with the National Security Council.
2. Head of state powers
   Subject to this section, the power to appoint persons in the rank of Assistant Commissioner and above in the Prison Service shall be vested in the President on the advice of the Commissioner of Prisons through the Secretary of State.
3. Subject to any regulations made by the Prison Service Council, the power to appoint persons to a rank in the Prison Service below that of Assistant Commissioner shall vest in the Commissioner.

186. Armed Forces

1. There shall be the Armed Forces of The Gambia which shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by an Act of the National Assembly.
2. No person shall raise an armed force except by or under the authority of an Act of the National Assembly.
3. The Armed Forces shall be equipped and maintained to perform their role of defence of The Gambia as well as such other functions for the development of The Gambia as provided in this Constitution.

187. Functions

1. The principal functions of the Armed Forces are-
   1. to preserve and defend the sovereignty and territorial integrity of The Gambia;
   2. to aid the civil authorities, at their request, in emergencies and in cases of natural disasters;
   3. to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of The Gambia.
2. It shall be the aim of the Government and the Armed Forces to maintain harmony and to foster understanding between the Armed Forces and the civilian population, and to that end-
   1. the National Youth Service shall be organised with the co-operation and assistance of the Armed Forces;
   2. the Armed Forces shall establish training programmes for their members at all levels to equip them with skills and trades, and a programme of secondment to civilian occupations, so as to enable members of the Forces to return, after their service to a full and productive civilian life,
   3. there shall be established an army reserve.
3. It shall be the duty of the members of The Gambia Armed Forces to respect the fundamental rights and freedoms of other persons.

188. Control of the Armed Forces

1. Subject to the authority and directions of the President and of the Armed Forces Council, the Chief of Defence Staff shall be responsible for the operational control and administration of the Armed Forces.
2. Without prejudice to his or her general power and authority as commander-in-chief, the President may give a Force Commander directions with respect to the operational use of the Commander's forces in The Gambia for the purposes of maintaining and securing public safety and public order, and the Force Commander shall comply with those directions.
3. Advisory bodies to the head of state
   In the exercise of his or her powers as commander-in-chief, the President shall, whenever practicable, consult the National Security Council.
4. The President shall not deploy any troops outside The Gambia without the approval of the National Assembly.

189. Armed Forces Council

1. There shall be an Armed Forces Council which shall consist of-
   1. the Vice-President as Chairman;
   2. the Secretary of State for the time being responsible for defence;
   3. the Chief of Defence Staff;
   4. the Armed Forces Chief of Staff;
   5. the commanders of the Army, the Navy and the Air Force;
   6. the Permanent Secretary of the Ministry responsible for Defence;
   7. two other persons appointed by the President subject to confirmation by the National Assembly.
2. Advisory bodies to the head of state
   The Armed Forces Council shall-
   1. advise the President on all matters of policy relating to defence and strategy, including the role of the Armed Forces, defence budgeting and finance, administration, and any other matter which the President may refer to the Council;
   2. advise the President on the promotion of officers to the rank of Lieutenant Colonel or its equivalent and above;
   3. with the prior approval of the President, make regulations for the performance of its functions under this Constitution and any other law and, subject to any Act of the National Assembly in that regard, for the effective and efficient administration of the Armed Forces.
3. Regulations made under subsection (2) shall include regulations in respect of-
   1. the control and administration of the Armed Forces;
   2. the ranks of the officers and men of each service, the members in each rank and the use of uniforms by the members;
   3. the conditions of service, enrolment, pay, pensions, gratuities and other allowances of officers and men, and deductions therefrom;
   4. the authority and powers of command of officers and men;
   5. the powers of commanding officers to try members of the Armed Forces;
   6. the establishment of research and development units in each service.

190. Appointments in Armed Forces

1. The President shall, after consulting the National Security Council, appoint:
   1. the Chief of Defence Staff of the Armed Forces;
   2. the Armed Forces Chief of Staff;
   3. the Commanders of the Army, the Navy and the Air Force.
2. A person shall not be qualified for appointment in accordance with subsection (1) if he or she is not a citizen of The Gambia or if he or she holds the citizenship or nationality of any other country.
3. The President may, after consulting the National Security Council, remove from office the Chief of Defence Staff, the Armed Forces Chief of Staff, or the Commander of the Army, the Navy or the Air Force.
4. The President may, after consulting the Armed Forces Council, appoint the commanders of any formation or unit of the Armed Forces.
5. The President shall, in accordance with the advice of the Armed Forces Council, grant commissions in the Armed Forces.

191. National Intelligence Agency

1. There shall be a National Intelligence Agency which shall be under the command of the President.
2. Subject to any Act of the National Assembly and the provisions of this Constitution, the National Intelligence Agency shall be governed by the National Intelligence Agency Decree, 1995.

The Code of Conduct

227. Acting appointments

1. In this Constitution, unless a contrary intention appears:
   1. any reference to a power of appointment to an office shall be construed as including a reference to the power to appoint a person to act in or perform the functions of that office;
   2. any reference to the holder of an office by a term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office.
2. Where in this Constitution power is vested in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself or herself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.

228. Resignations

1. Any person who is appointed or elected to, or otherwise selected for, any office established by or under this Constitution may resign from that office by writing under his or her hand addressed to the person or authority by whom he or she was appointed, elected or selected. In the case of:
   1. the President, his or her resignation shall be addressed to the Speaker and to the Chief Justice;
   2. the Vice-President, his or her resignation shall be addressed to the President;
   3. the Speaker or the Deputy Speaker, his or her resignation from that office shall be addressed to the Clerk of the National Assembly; and
   4. a member of the National Assembly, his or her resignation shall be addressed to the Speaker.
2. Any such resignation shall take effect, when no date is specified, when the writing is received-
   1. in the case of the President, by the Speaker;
   2. in any other case, by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.

229. Re-appointments and concurrent appointments

1. Subject to the provisions of this Constitution, where a person has vacated any office established by or under the Constitution, he or she may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.
2. Where by this Constitution a power is conferred on any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of any appointment made in pursuance of this subsection, then, for the purposes of any function conferred on the holder of that office, the person last appointed shall be deemed to be the holder of the office.

230. Interpretation

1. In this Constitution, unless a contrary intention appears-
   • "all the members" in relation to the National Assembly, means all the members for the time being of the National Assembly;

     "an Act of the National Assembly" includes an Act of Parliament established under any previous Constitution of The Gambia and a Decree of any former government;

     "compulsory retirement age" has the meaning ascribed to it in section 171

     "court" means any court of law in The Gambia, including a court martial;

     "disciplined force" means the Police Force, the Prison Service and the Armed Forces;

     "district tribunal" means a court established by the District Tribunals Act or any Act of the National Assembly replacing that Act;

     "existing laws" means the laws in force in The Gambia immediately before the coming into force of this Constitution, other than any such laws which are repealed or abrogated on, or immediately before, the coming into force of this Constitution;

     "Gazette" means the official gazette of the Government;

     " Government" means the executive government of The Gambia;

     "high judicial office" means the office of a judge of a court of unlimited jurisdiction in criminal and civil and civil matters, or of a court with jurisdiction on appeal from such a court, in some part of the Commonwealth or such paragraph or item of the section, subsection, paragraph or sub-paragraph, as the case may be, in which the reference occurs.

     "judge" includes the Chief justice of the Supreme Court, a Justice of the Court of Appeal and a Justice of the High Court;

     "legal practitioner" means a person entitled to practise as such in accordance with an Act of the National Assembly;

     "local government authority" means a city council, a municipality and an area council;

     "Minister" includes the Attorney-General;

     "oath" includes affirmation;

     "prescribed oaths" means such oaths as may be prescribed by an Act of the National Assembly in respect of the relevant office, and if no such oath is prescribed, means an oath of allegiance to The Gambia;

     "public elections" mean the election for a President, National Assembly and a local government authority;

     "Public Enterprise" has the meaning ascribed to it in section 175;

     "public office" includes an office the emoluments attached to which are paid directly from the Consolidated Fund or directly out of moneys provided by an Act of the National Assembly, and the office of a member of a local government authority or the staff of a public Enterprise;

     "the public service" means subject to subsection (3) and (4) of section 166 a service declared to be, or established as, a public service by or under that section;

     "session" means the sitting of the National Assembly of the Gambia commencing when it first meets after a general election or after the adjournment of a session and ending when the session is adjourned or the National Assembly stands dissolved.

     "superior court" in relation to the courts of The Gambia, means the Supreme Court, the Court of Appeal and the High Court.

2. In this Constitution, unless a contrary intention appears-
   1. words importing natural persons shall include corporations;
   2. words in the singular shall include the plural and words in the plural shall include the singular;
   3. where a word is defined, other parts of speech and tenses of that word shall have the corresponding meaning;
   4. words directing or empowering a public officer to do any act or thing, or otherwise applying to him or her by the designation of his or her officer, shall include his other successors in officer;
   5. references to a subsection, paragraph, sub paragraph or item shall be construed as a reference to a sub section paragraph, sub-paragraph or item of the section, subsection, paragraph or sub-paragraph, as the case may be, in which the reference occurs.
3. For the purposes of this Constitution, a person shall not be regarded as holding an office of emolument under the Government or in the service of The Gambia by reason only that he or she is in receipt of a pension or other like benefit in respect of service in an office under the Government.
4. For the avoidance of doubt it is hereby declared that any reference in this Constitution to the functions of the President includes reference to his or her functions as Commander-in-Chief of the Armed Forces of the Republic.

231. Construction of various powers

1. Where any power is conferred by this Constitution to make any proclamation, order, regulation, rule or pass any resolution or give any direction or make any declaration or designation, it shall be deemed to include the power, exercisable in like manner and subject to like conditions, if any, to amend or revoke the same:
2. Where any power is conferred by this Constitution on any person or authority to do or enforce the doing of any act or thing, all such powers shall be deemed to be also given as are necessary to enable that person or authority to do or enforce the doing of that act or thing.
3. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether or not such person or authority has performed those functions in accordance with this Constitution or any other law.
4. Where under any provision of this Constitution any person or authority is authorised or required to exercise any function after consultation with any other person or authority, the person or authority first referred to shall not be required to act in accordance with the advice of that person or authority.
5. Without prejudice to the provisions of section 167, but subject to the other provisions of this Constitution, the power to make any appointment to a public office includes the power to dismiss any person so appointed.

232. Transitional and consequential provisions