Gambia (The) 2019 - [[ getTranslation('Draft of {timestamp}').replace('{timestamp}', '12 Nov 2019') ]]

1. Fundamental rights and freedoms are an integral part of The Gambia's democratic state and form the foundation for the development and promotion of social, economic and cultural policies.

2. The objective of recognising and protecting fundamental rights and freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.

3. The fundamental rights and freedoms enshrined in this Constitution-

a. belong to each individual and are not granted by the State;

b. do not exclude other rights and freedoms not in this Chapter, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and

c. are subject only to the limitations provided in this Constitution.

4. The National Assembly shall not have or exercise any power to enact legislation to indemnify any person of any abuse of another person’s fundamental rights and freedoms enshrined in this Constitution.

1. The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the courts in accordance with this Constitution.

2. Every person in The Gambia, whatever his or her race, ethnicity, colour, creed, gender, language, religion, disability, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter, but subject to respect for the rights and freedoms of others and for the public interest.

3. In applying a provision of this Chapter, a court shall-

a. develop the law to the extent that it gives effect to a fundamental right or freedom; and

b. adopt the interpretation that most favours the enforcement of a right or fundamental freedom.

4. In interpreting this Chapter, a court, tribunal or other authority shall promote-

a. the values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and

b. the spirit, purport and objects of this Chapter.

5. In applying any rights under sections 55 (2) (b), (c) and (d), 60 and 64, if the State claims that it does not have the resources to implement the rights, a court, tribunal or other authority shall be guided by the following principles-

a. it is the responsibility of the State to show that the resources are not available and when they shall be available;

b. in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the fundamental right or freedom having regard to prevailing circumstances, including the vulnerability of particular groups, individuals, or communities; and

c. the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion.

1. The State and its organs shall observe, respect, protect, promote and fulfil the fundamental rights and freedoms enshrined in this Chapter.

2. The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under sections 60 and 64.

3. All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children and youths.

1. Every person has the right to institute court proceedings claiming that a fundamental right or freedom in this Chapter has been denied, violated or infringed, or is threatened with contravention.

2. In addition to a person acting in their own interest, court proceedings under subsection (1) may be instituted by-

a. a person acting on behalf of another person who cannot act in their own name;

b. a person acting as a member of, or in the interest of, a group or class of persons;

c. a person acting in the public interest; or

d. an association acting in the interest of one or more of its members.

3. The Chief Justice shall make rules providing for the court proceedings referred to in this section, which shall satisfy the criteria that-

a. the rights of standing provided for in subsection (2) are facilitated;

b. formalities relating to the proceedings, including commencement of the proceedings, are kept to the minimum, and in particular that the court shall, if necessary, entertain proceedings on the basis of informal documentation;

c. no fee may be charged for commencing the proceedings;

d. the court, while observing the rules of natural justice, shall not be unreasonably restricted by procedural technicalities; and

e. an organisation or individual with particular expertise may, with the leave of the court, appear as a friend of the court.

4. The absence of rules to be prescribed in subsection (3) does not limit the right of any person to commence court proceedings under this section, and to have the matter heard and determined by a court.

1. The High Court has jurisdiction, in accordance with section 183, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a fundamental right or freedom in this Chapter.

2. In any proceedings brought under section 33, a court may grant appropriate relief, including-

a. a declaration of rights;

b. an injunction;

c. a conservatory order;

d. an order for compensation; and

e. an order of judicial review.

1. A fundamental right or freedom in this Chapter shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including-

a. the nature of the fundamental right or freedom;

b. the importance of the purpose of the limitation;

c. the nature and extent of the limitation;

d. the need to ensure that the enjoyment of fundamental rights and freedoms by any individual does not prejudice the fundamental rights and freedoms of others; and

e. the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.

2. Notwithstanding subsection (1), a provision in an Act of the National Assembly limiting a fundamental right or freedom-

a. in the case of a provision enacted or amended on or after the coming into force of this Constitution, is not valid unless the legislation specifically expresses the intention to limit that fundamental right or freedom, and the nature and extent of the limitation;

b. shall not be construed as limiting the fundamental right or freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and

c. shall not limit the fundamental right or freedom so far as to derogate from its core or essential content.

3. The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this section have been satisfied.

4. Notwithstanding subsections (1) and (2), a provision in legislation may limit the application of the fundamental rights or freedoms in the following provisions to persons serving in the disciplined forces-

a. section 38 – protection of liberty;

b. section 42 – privacy;

c. section 48 – freedom of assembly;

d. section 49 – freedom of association; and

e. section 58 – right to fair labour practices.

1. A person shall not be deprived of life intentionally.

2. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are mentioned in this subsection, a person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case, that is to say-

a. in compliance with an Act of the National Assembly;

b. for the defence of any person from unlawful violence or for the defence of property;

c. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

d. for the purpose of suppressing a riot, insurrection or mutiny;

e. in order to prevent the commission by that person of a criminal offence; or

f. if he or she dies as a result of a lawful act of war.

1. Every person has the right to liberty and security of person.

2. No person shall be subjected to arbitrary arrest or detention.

3. No person shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law.

4. An arrested person has the right-

a. to be informed promptly, in a language that the person understands, of-

i. the reason for the arrest;

ii. the right to remain silent; and

iii. the consequences of not remaining silent;

b. to remain silent;

c. to communicate with a legal practitioner of his or her own choice, and to consult his or her legal practitioner confidentially;

d. not to be compelled to make any confession or admission that could be used in evidence against the person;

e. to be held separately from persons who are serving a sentence;

f. to be brought before a court as soon as reasonably possible, but not later than-

i. forty-eight hours after being arrested; or

ii. if the forty-eight hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;

g. at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and

h. to be released unconditionally or on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

5. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person or from any other person or authority on whose behalf that other person was acting.

1. No person shall be held in slavery or servitude.

2. No person shall be required to perform forced labour.

3. For the purposes of this section, the expression "forced labour" does not include—

a. any labour required in consequence of a sentence or order of a court;

b. any labour required of a member of the Armed Forces in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of any naval, military or air force, any labour which that person is required by law to perform in place of such service;

c. any labour required during a period of public emergency or in the event of any other emergency or calamity which threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purposes of dealing with that situation; and

d. any labour reasonably required as part of reasonable and normal communal or other civic obligations.

1. Every person has inherent dignity and the right to have that dignity respected and protected.

2. Every person has the right to freedom and security of the person, which includes the right not to be-

a. subjected to any form of violence from either public or private sources;

b. subjected to torture in any manner, whether physical or psychological;

c. subjected to corporal punishment; or

d. treated or punished in a cruel, inhuman or degrading manner.

1. Subject to the provisions of this Constitution, a person has the right to acquire and own property.

2. No property of any description or interest in or right over any property shall be compulsorily taken possession of or acquired by the State, unless the following conditions are satisfied—

a. the taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning, or the development or utilisation of any property in such manner as to promote the public benefit; and

b. the necessity for the possession or acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property.

3. Compulsory acquisition of property by the State shall only be made under a law which makes provision for—

a. the prompt payment of fair and adequate compensation; and

b. a right of access to the High Court by any person who has an interest in or right over the property, whether direct or on appeal from any other authority, for the determination of his or her interest or right and the amount of compensation to which he or she is entitled.

4. Nothing in this section shall be construed as affecting the making of any law in so far as it provides for the taking or acquisition of property-

a. in satisfaction of any tax, rate or due;

b. by way of penalty for breach of law, whether under civil process or after conviction of a criminal offence;

c. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

d. by way of the vesting or administration of trust property, enemy property, bona vacantia or the property of persons adjudged or otherwise declared bankrupt or insolvent, or persons of unsound mind;

e. in the execution of judgments or orders of courts;

f. by reason of such property being in a dangerous state or liable to cause injury to the health of human beings, animals or plants;

g. in consequence of any law with respect to the limitation of actions; or

h. for so long as such taking of possession may be necessary for the purpose of any examination, investigation, trial or inquiry, or, in the cases of land, the carrying out on the land of-

i. work of soil conservation or the conservation of other resources; or

ii. agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable or lawful excuse refused or failed, to carry out, except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society.

5. Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property or interest is held by a body corporate which is established directly by any law and in which no monies are provided by an Act of the National Assembly.

6. Where a compulsory acquisition of land by or on behalf of the State in accordance with subsection (2) involves the displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well-being and social and cultural values.

7. Any property compulsorily taken possession of, and any interest in or right over property compulsorily acquired in the public interest, or for a public purpose, shall be used only in the public interest or for the public purpose for which it is taken or acquired.

8. Where the property is not used in the public interest or for the public purpose for which it was taken or acquired, the owner of the property immediately before the compulsory taking or acquisition, shall be given the first option of acquiring the property-

a. after refunding the whole or part of the compensation paid to him or her, as may be agreed between the parties; or

b. in the absence of any agreement under paragraph (a), pay such amount, which shall not be more than the amount of the compensation, as may be determined by the High Court.

9. The rights under this section do not extend to any property that has been found to have been unlawfully acquired or settled on.

1. No person shall be subject to arbitrary or unlawful interference with the privacy of his or her person, home, family, correspondence or communications.

2. The rights of a person under subsection (1) may be interfered with in accordance with law, and as necessary in an open and democratic society-

a. in the interests of national security, public safety or the economic well-being of the country;

b. for the protection of health or morals;

c. for the prevention of disorder or crime; or

d. for the protection of the rights and freedoms of others.

3. Searches of the person or the home of individuals shall only be justified-

a. where these are authorised by a competent judicial authority; and

b. in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest and such procedures as are prescribed by an Act of the National Assembly to preclude abuse are properly satisfied.

1. Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

2. Every accused person has the right to a fair trial, which includes the right-

a. to be presumed innocent until the contrary is proven;

b. to be informed of the charge, with sufficient detail to answer it;

c. to have adequate time and facilities to prepare a defence;

d. to a public trial before a court established under this Constitution;

e. to have the trial begin and conclude without unreasonable delay;

f. to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed;

g. to choose, and be represented by, a legal practitioner of his or her own choice, and to be informed of this right promptly;

h. to remain silent, and not to testify during his or her trial;

i. to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence;

j. to adduce and challenge evidence;

k. to refuse to give self-incriminating evidence;

l. to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;

m. not to be convicted for an act or omission that at the time it was committed or omitted was not an offence in The Gambia;

n. not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted, or pardoned; and

o. if convicted, to appeal to, or apply for review by, a higher court as prescribed by law.

3. Nothing in subsection (2) (m) shall prejudice the trial and punishment of any person for an act or omission which, at the time it was committed, was criminal according to the general principles of customary international law.

4. If this section requires information to be given to a person, the information shall be given in a language that the person understands.

5. Evidence obtained in a manner that violates any right or fundamental freedom under this Chapter shall be excluded if the admission of that evidence would render the trial unfair, or would otherwise be detrimental to the administration of justice.

6. An accused person-

a. charged with an offence, is entitled during the trial to a copy of the record of the proceedings of the trial on request; and

b. has the right to a copy of the record of the proceedings within a reasonable period after they are concluded.

7. A person who is convicted of a criminal offence may petition the Supreme Court for a review of his or her case if-

a. the person's appeal had been dismissed by the Court; and

b. new and important facts or evidence have become available, which at the time of dismissal of his or her case, was not within the petitioner’s knowledge or could not have been produced by him or her.

8. Where the Supreme Court considers that a petition under subsection (7) has merit, it may make such order as it considers appropriate, including an order for retrial.

9. In the interest of justice, a court may allow an intermediary to assist a complainant or an accused person to communicate with the court.

10. This section does not prevent the exclusion of the press or other members of the public from any proceedings if the exclusion is necessary, in a free and democratic society, to protect witnesses or vulnerable persons, morality, public order or national security.

11. An Act of the National Assembly shall provide for the protection, rights and welfare of victims of offences.

1. Every person has the right to freedom of expression, which includes-

a. freedom to seek, receive or impart information or ideas;

b. freedom of artistic creativity; and

c. academic freedom and freedom of scientific research.

2. The right to freedom of expression does not extend to-

a. propaganda for war;

b. incitement to violence or to break law and order;

c. the uttering of abusive or threatening speech or writing that causes feelings of ill-will, disaffection or hostility; or

d. advocacy of hatred that-

i. constitutes ethnic incitement, vilification of others or incitement to cause harm; or

ii. is based on any ground of discrimination specified or contemplated in section 67.

3. In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.

4. The rights and freedoms referred to in this section and sections 47, 48, 49 and 50 shall be subject to any law imposing proportionate and reasonable restrictions on the exercise of those rights and freedoms, which are necessary in an open and democratic society and are required in the interest of sovereignty and integrity of The Gambia, national security, public order, decency or morality, or in relation to contempt of court.

1. There shall be a free and independent media.

2. The freedom referred to in subsection (1) shall include-

a. the right of natural or juristic persons to own and operate media;

b. the freedom of the media to gather, process and transmit news and information without any interference, directly or indirectly;

c. protection from the supervision, control or censorship of news by any person or authority prior to publication; and

d. protection from the disclosure of sources of information.

3. The freedoms provided in subsection (2) do not extend to any expression specified in section 44 (2).

4. All State-owned media shall-

a. be free to determine independently the editorial content of their broadcasts or other communications;

b. be impartial; and

c. afford fair opportunity for the presentation of divergent views and dissenting opinions.

5. The State shall not penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.

6. There shall be an independent regulator with responsibility for-

a. regulating the provision of broadcasting and communications services in the public interest;

b. ensuring fairness and diversity of opinion;

c. awarding licences in a fair and transparent manner;

d. the equitable allocation of frequencies and regulation of related matters between private and public broadcasters; and

e. setting media standards, and regulating and monitoring compliance with those standards.

7. The freedoms provided in this section are guaranteed subject to laws that are proportionate and reasonably required in an open and democratic society, in the interest of national security, public order, public morality, and for the purpose of protecting the reputation, rights and freedoms of others.

1. Every citizen has the right of access to information held by-

a. a public body;

b. a relevant private body performing or having direct or indirect bearing in the execution of a public function; and

c. another person and required for the exercise or protection of any fundamental right or freedom.

2. Every person has the right to the correction or deletion of untrue or misleading information that affects the person.

3. The State shall publish and publicise any important information affecting the nation.

4. The exercise of the rights provided in this section is subject to laws that are reasonably required in an open and democratic society in the interest of national security and defence of the State.

5. An Act of the National Assembly may make further provision to withhold information where the harm to the interest protected under a relevant provision demonstrably outweighs the public interest in the disclosure of the information.

1. Every person has the right to freedom of conscience, religion, thought, belief and opinion.

2. Every person has the right, either individually or in community with others, in public or in private, to manifest and practice any religion or belief.

3. A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person's belief or religion.

4. A person shall not be compelled to act, or engage in any act, that is contrary to the person's belief or religion.

1. Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of any lawful association.

2. A person shall not be compelled to join any lawful association.

3. An Act of the National Assembly that requires registration of a lawful association shall provide that-

a. registration may not be withheld or withdrawn unreasonably; and

b. there shall be a right to have a fair hearing before a registration is cancelled.

1. Every person lawfully within The Gambia has the right to move freely throughout The Gambia, to choose his or her own place of residence within The Gambia, and to leave The Gambia.

2. Every citizen of The Gambia has the right to return to The Gambia.

1. Men and women of full age and capacity have the right to marry and found a family.

2. Marriage shall be based on the free and full consent of the intended parties.

1. Women are accorded full and equal dignity of the person with men.

2. Women have the right to equal treatment with men, including equal opportunities in political, economic and social activities.

1. Every child has the right-

a. to a name and nationality from birth;

b. to adequate nutrition;

c. to be protected from abuse, neglect, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;

d. to parental care and protection, which includes equal responsibility of the mother and father, to provide for the child;

e. to special protection against exposure to any physical or moral hazard; and

f. not to be detained, except as a measure of last resort, and then only for the shortest appropriate period.

2. Children under the age of sixteen years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health or physical, mental, spiritual, moral or social development.

3. A juvenile offender who is kept in lawful custody shall be kept separately from adult offenders.

1. Every person has a right to education.

2. All persons have the right to equal educational opportunities and facilities, and with a view to achieving the full realisation of that right-

a. basic and secondary education shall be free, compulsory and available to all;

b. technical and vocational education shall be made generally available and accessible to all by every appropriate means and, in particular, by the progressive introduction of free technical and vocational education;

c. tertiary education shall be made equally accessible to all, on the basis of capacity, by every appropriate means and, in particular, by the progressive introduction of free tertiary education;

d. functional literacy shall be encouraged and intensified as far as possible; and

e. the development of a system of schools with adequate facilities at all levels shall be actively pursued.

1. Every person has the right-

a. to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;

b. to accessible and adequate housing, and to reasonable standards of sanitation;

c. to be free from hunger, and to have adequate food of acceptable quality;

d. to clean and safe water in adequate quantities; and

e. to social security.

2. A person shall not be denied emergency medical treatment.

1. Consumers have the right-

a. to goods and services of reasonable quality;

b. to the information necessary for them to gain full benefit from goods and services;

c. to the protection of their health, safety and economic interests; and

d. to compensation for loss or injury arising from defects in goods or services.

2. This section applies to goods and services offered by public entities and private persons.

1. All peoples have, and every person has, a right to development, and to the enjoyment of economic, social, cultural and political development.

2. Women, children and persons with disabilities shall be given special consideration in the application of the rights referred to in subsection (1).

3. The special consideration referred to in subsection (2) shall include equality of opportunity for all in their access to basic resources, education, health services, food, shelter, employment and infrastructure.

4. The State shall-

a. take measures to introduce reforms aimed at eradicating social injustices and inequalities, and

b. protect, respect, promote and fulfil the right to development and to justify its policies in accordance with this responsibility.

1. All persons are equal before the law.

2. Subject to the provisions of subsection (4)-

a. no law shall make any provision which is discriminatory either of itself or in its effect; and

b. no person shall be treated in a discriminatory manner by any other person acting by virtue of any law or in the performance of the functions of any public office or any public authority.

3. Subsection (2) (a) shall not apply to any law in so far as that law makes provision—

a. with respect to persons who are not citizens of The Gambia or to qualifications for citizenship;

b. with respect to the qualifications prescribed by this Constitution for any office;

c. with respect to adoption, marriage, divorce, burial, endowment (waqf), devolution of property on death or other matters of personal law; or

d. for the application, in the case of members of a particular race or ethnicity of customary law, with respect to any matter in the case of persons who, under that law, are subject to that law.

4. Subsection (2) (b) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4).

5. The exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by the Constitution or any other law shall not be enquired into by any court on the grounds that it contravenes the provisions of subsection (2) (b).

6. In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, ethnicity, creed, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.

1. The President may, at any time, by Proclamation published in the Gazette, declare a state of public emergency.

2. A state of public emergency exists only when-

a. the State is threatened by war, invasion, general insurrection, civil disorder, natural disaster, or other form of serious emergency;

b. a situation exists which, if it is allowed to continue, may lead to an event identified in paragraph (a); and

c. it is necessary to meet the circumstances identified in paragraphs (a) and (b).

3. A declaration made under subsection (1) shall-

a. if the National Assembly is in session, lapse at the expiration of a period of seven days from the date of the declaration of the public emergency; and

b. if the National Assembly is not in session, lapse at the end of twenty-one days from the date of the declaration of the public emergency.

4. The National Assembly may, before the expiration of a period of public emergency specified in subsection (3), extend the period for up to sixty days at a time.

5. The first extension of the declaration of a state of public emergency under subsection (4) requires a resolution supported by the votes of not less than two-thirds of all the members of the National Assembly, and any subsequent extension requires a resolution supported by the votes of not less than three-quarters of all the members of the National Assembly.

6. A declaration made under subsection (1) may at any time be revoked by the President by Proclamation published in the Gazette.

7. The Supreme Court may decide on the validity of-

a. a declaration of a state of public emergency;

b. any extension of a declaration of a state of public emergency; and

c. any legislation enacted, or other action taken, in consequence of a declaration of a state of public emergency.

1. An Act of the National Assembly may authorise the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists in The Gambia.

2. An Act of the National Assembly enacted in consequence of a declaration of a state of public emergency may limit a fundamental right or freedom in this Chapter only to the extent that the limitation is strictly required by the public emergency and shall not take effect until it is published in the Gazette.

3. Nothing contained in or done under this section or under the authority of an Act of the National Assembly shall derogate from-

a. the right to life;

b. the prohibition of torture and cruel, inhuman or degrading treatment or punishment,

c. the prohibition against slavery or servitude;

d. the prohibition on retrospective criminalisation and imposition of greater penalties for criminal acts;

e. the right to equality and recognition before the law; and

f. the right to habeas corpus.

1. Where a person is detained under a state of public emergency, the detention shall be subject to the following provisions-

a. he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained, and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understands;

b. the spouse, parent, child or other available next-of-kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest practicable opportunity, and in any case not later than twenty-four hours after the commencement of the detention;

c. where none of the persons mentioned in paragraph (b) can be traced or none of them is willing and able to see the person detained, the person who is detained shall be informed of this fact within twenty four hours of the commencement of the detention and he or she shall be informed of his or her right to name and give particulars of some other person who shall have the same right of access to the person who is detained as any of the persons mentioned in paragraph (b);

d. not more than seven days after the commencement of his or her detention, the authority which effected the same shall give notice in the Gazette and in the media stating that he or she has been detained and giving particulars of the provision of law under which the detention is authorised;

e. not more than fourteen days after the commencement of his or her detention, and after that at intervals of not more than thirty days during the continuance of his or her detention, the case of the person concerned shall be reviewed by the High Court;

f. the person detained shall be afforded every possible facility to consult a legal practitioner of his or her own choice who shall be permitted to make representation to the High Court ; and

g. at the hearing before the High Court, the person detained shall be entitled to appear in person or by a legal practitioner of his or her own choice and at his or her own expense.

2. A person whose case has been reviewed under subsection (1) (e), is at liberty to apply for a further review after a period of five days following the first review.

3. On a review by the High Court of the case of a person who has been detained, the Court may order the release of the person or it may uphold the detention, and the authority by which the detention was ordered shall act in accordance with the decision of the Court for the release of the person.

4. No person may be detained under or by virtue of an Act of the National Assembly during any state of public emergency in excess of a total of six months, and on the expiry of that period, any person who has been so detained shall-

a. if the state of public emergency has not come to an end, be dealt with in accordance with section 38; and

b. if the state of public emergency has come to an end, be released immediately without any further order from the Court.

5. In every month during the period in which a state of public emergency is in force and in which there is a sitting of the National Assembly, a Minister authorised by the President shall-

a. make a report to the National Assembly of the number of persons detained by virtue of this Constitution or under an Act of the National Assembly; and

b. the number of cases in which the authority which ordered the detention has acted in accordance with the decisions of the High Court as provided in subsection (3).

1. In this Chapter, save where the context otherwise requires—

• "Armed Forces" means any naval, military or air force of The Gambia;

• "member", in relation to the Armed Forces, includes persons who, under the law regulating the discipline of that Force, are subject to that discipline; and

• "owner" includes any person deprived of any right or interest pursuant to section 41.

2. In relation to any person who is a member of an armed force raised otherwise than under the law of The Gambia and lawfully present in The Gambia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

3. The rights, duties, declarations and guarantees relating to the fundamental rights and freedoms specifically mentioned in this Chapter shall not be treated as excluding others not specifically mentioned.

1. A person is qualified to be registered as a voter at elections or referenda if the person-

a. is a citizen of The Gambia;

b. is eighteen years old or older;

c. is not declared to be of unsound mind; and

d. has not been convicted of an election offence during the preceding five years.

2. Every citizen of the age of eighteen or above has a duty to register as a voter for public elections and referenda.

3. The Independent Boundaries and Electoral Commission shall provide for and make necessary arrangements for the continuous registration of voters and the conduct of elections which shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or contest an election.

4. The registration of voters shall cease six months before any public elections.

1. The Independent Boundaries and Electoral Commission shall prescribe a code of conduct for all political parties and for all candidates in an election.

2. In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Boundaries and Electoral Commission pursuant to subsection (1).

1. Subject to the provisions of this Constitution, an Act of the National Assembly shall make provision for giving effect to the provisions of this Chapter.

2. Without prejudice to the generality of subsection (1), an Act of the National Assembly shall provide for—

a. the delimitation by the Independent Boundaries and Electoral Commission of electoral boundaries for election of members of the National Assembly and Local Government Authorities;

b. the nomination of candidates;

c. matters relating to continuous registration of voters for the purposes of public elections;

d. voting at, and the conduct of, public elections and referenda;

e. the duties of public officers in connection with the registration of voters and the conduct of public elections and referenda;

f. the progressive registration of citizens outside The Gambia, and the progressive realisation of their right to vote;

g. equal access to public facilities and the media by candidates at public elections; and

h. any other matters necessary for boundaries delimitation and management of elections and political parties.

3. Legislation required by subsection (2) (d) and (e) shall ensure that voting at every public election is-

a. simple;

b. transparent; and

c. takes into account the special needs of-

i. persons with disabilities; and

ii. other persons or groups with special needs.

4. The National Assembly shall not amend, repeal or introduce any law in relation to elections within a period of nine months before elections are held.

1. There is established the Independent Boundaries and Electoral Commission (hereafter referred to as "the Commission") for The Gambia.

2. The members of the Commission shall be a Chairperson and four other members whose qualifications and disqualification are as set out in section 215.

3. The members of the Commission shall be appointed by the President, subject to confirmation by the National Assembly with the votes of at least sixty per cent of all the members of the Assembly.

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.

1. Subject to the provisions of this Constitution, the Commission shall be responsible for-

a. the conduct and supervision of the continuous registration of voters for all public elections and referenda;

b. the compilation and regular revision of the register of voters;

c. the delimitation of constituencies, wards and districts;

d. the conduct of the election of a Speaker and Deputy Speaker;

e. the registration of political parties;

f. the development of codes of conduct for candidates and political parties contesting elections;

g. the facilitation of the observation, monitoring and evaluation of elections;

h. voter education on boundary delimitation and electoral matters;

i. ensuring that the times, places and dates (not specified in this Constitution) of public elections and referenda are determined in accordance with law and that they are publicised and elections held accordingly;

j. ensuring that the period for campaigning for public elections is adequate and shall not, in any case, be less than four weeks prior to any election; and

k. confirming that a candidate for public election has made a full declaration of his or her assets to the Anti-Corruption Commission.

2. The Commission shall announce the final results of all elections and referenda.

1. Subject to this section, there shall be such number of constituencies for the purposes of the election of the members of the National Assembly as may be determined by the Commission and each constituency shall be represented by the number of members specified in Schedule 2.

2. The Commission shall review the number, names and boundaries of constituencies, including the constituency representing persons with disabilities, at intervals of not less than ten years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of the National Assembly.

3. The Commission shall review the number, names and boundaries of wards and districts at such intervals as may be prescribed in an Act of the National Assembly.

4. If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.

5. The boundaries of each constituency and ward shall be such that the number of inhabitants in the constituency or ward is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency or ward may be greater or lesser than the population quota to take account of-

a. geographical features and population density;

b. community of interest, historical, economic and cultural ties;

c. boundaries of existing administrative areas; and

d. means of communication.

6. In reviewing constituency and ward boundaries the Commission shall—

a. consult all interested parties; and

b. progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.

7. If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards and districts and, where it makes such alteration, it shall, by an Order published in the Gazette, amend Schedule 2.

8. Subject to subsections (1), (2), (3) and (4), the number, names and details of the boundaries of constituencies, wards and districts determined by the Commission shall come into effect on the dissolution of the National Assembly or a Local Government Council, as the case may be, first following their publication.

9. A person may apply to the High Court for review of a decision of the Commission made under this section.

10. An application for the review of a decision made under this section shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed.

11. For the purposes of this section, "population quota" means the number obtained by dividing the number of inhabitants of The Gambia by the number of constituencies or wards, as applicable, into which The Gambia is divided under this section.

1. No association, other than a political party registered under or pursuant to an Act of the National assembly, shall sponsor candidates for public elections.

2. Every political party shall—

a. have a national character as prescribed by an Act of the National Assembly;

b. have a democratically elected governing body;

c. promote and uphold national unity;

d. abide by the democratic principles of governance, and promote and practise democracy through regular, fair and free elections within the party;

e. respect the right of all persons to participate in the political process, including women, youth, persons with disabilities, and other marginalised groups;

f. promote gender equity in selecting candidates for election, having due regard to subsection (6);

g. ensure that at least ten percent of candidates for election to the National Assembly are youth;

h. respect and promote human rights and fundamental freedoms, and gender equality and equity;

i. promote the objects and principles of this Constitution and the rule of law;

j. declare to the public their revenues and assets, and the sources of those revenues and assets;

k. publish to the public annually their audited accounts within six months of the end of the financial year, failing which the Independent Boundaries and Electoral Commission may deregister the party; and

l. subscribe to and observe the code of conduct prescribed for political parties by the Independent Electoral and Boundaries Commission pursuant to section 80 (1) (f).

3. A political party shall not—

a. be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;

b. engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;

c. establish or maintain a paramilitary force, militia or similar organisation;

d. engage in bribery or other forms of corruption; or

e. except as is provided under this Chapter or by an Act of the National Assembly, accept or use public resources to promote its interests or its candidates in elections.

4. Only a citizen of The Gambia may make a contribution or donation to a political party registered in The Gambia.

5. A member of an organisation or interest group shall not be required to join a particular political party by virtue of his or her membership of the organisation or group.

6. Nothing contained in Schedule 2 shall be construed to exclude a woman or a person with disabilities from contesting an election for a single member constituency, whether as an independent candidate or a member of a registered political party.

7. For the purpose of subsection (2) (g), "youth" refers to a person who is not above the age of thirty-five years.

1. The executive authority of The Gambia vests in the President, who shall exercise the authority in a manner that accords with respect for the rule of law and is compatible with the principles of service to the people of The Gambia.

2. The executive authority vested in the President includes upholding the tenets, values and principles of this Constitution and all other laws validly enacted by the National Assembly.

1. The Executive comprises the President, Vice President and other members of the Cabinet.

2. The composition of the Executive shall reflect the diversity of the Gambian people.

1. There is established the Office of President of the Republic of The Gambia.

2. The President shall be the Head of State and of Government and Commander-in-Chief of the Armed Forces of The Gambia.

3. The President shall be the symbol and nucleus of national unity and shall provide executive leadership in a responsible manner in accordance with this Constitution and the laws of The Gambia.

4. The President shall at all times-

a. respect, uphold and defend this Constitution as the supreme law of The Gambia;

b. safeguard the sovereignty of The Gambia;

c. uphold, promote and enhance the unity of Gambians;

d. uphold and promote respect for the diversity of the people and communities of The Gambia; and

e. take appropriate steps to promote and protect the rule of law and the fundamental human rights and freedoms enshrined in this Constitution.

1. The President shall exercise or perform the following powers and duties-

a. to steer, direct and coordinate the affairs of the State in a manner not inconsistent with this Constitution or any Act of the National Assembly;

b. to assent to Acts enacted by the National Assembly and, where required, to bring the Acts into force;

c. to convene and preside over meetings of the Cabinet;

d. subject to this Constitution and any Act of the National Assembly so authorising, to constitute any public office for The Gambia;

e. subject to this Constitution, to make such appointments to public offices as may be necessary in accordance with powers conferred on him or her by this Constitution or an Act of the National Assembly;

f. to assign responsibility for the implementation and administration of any Act of the National Assembly to the Vice President or a Minister;

g. to confer national honours;

h. subject to this Constitution, on behalf of The Gambia, to negotiate, sign, enter into and accede to bilateral and multilateral agreements, including treaties, that are not against the public interest of The Gambia;

i. subject to this Constitution, to appoint, accredit, receive or recognise ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

j. to issue commissions of inquiry in accordance with this Constitution and an Act of the National Assembly;

k. subject to this Constitution, to grant a pardon to, or remit or reduce a sentence imposed by a court on, a convicted offender;

l. subject to this Constitution, to declare a state of public emergency in the interest of The Gambia;

m. subject to the prior approval of the National Assembly, to declare war and make peace;

n. where the National Assembly is in recess or is dissolved but before elections are due, to request the Speaker to summon the Assembly to hold an extraordinary sitting to conduct special business relating to or affecting the State; and

o. to exercise such other power or perform such other function as may be provided by this Constitution or an Act of the National Assembly.

2. Subject to subsection (3), the powers and duties conferred or imposed on the President under subsection (1) may be exercised or performed by the President directly or through the Vice President or a Minister.

3. The powers conferred on the President under subsection (1) (b), (d), (e), (f), (i), (j), (k), (l), (m) and (n) may not be exercised by any other person.

4. Where, under this Constitution or an Act of the National Assembly, any appointment by the President requires confirmation or approval by the Assembly, such confirmation or approval shall, unless otherwise provided in this Constitution, be made if at least one half of the members of the Assembly present vote in favour of the appointment.

1. The President shall at the commencement of each year, but in any case not later than the end of March, attend and address the National Assembly.

2. The address by the President shall relate to matters concerning the state of the nation and may include previous, current and future policies of the Government.

3. The President shall at any time during the course of the year attend and address a special sitting of the National Assembly on a matter of national importance if so requested by the National Assembly on a resolution passed by not less than one half of all the Members of the National Assembly.

4. A resolution passed by the National Assembly pursuant to subsection (3) shall specify the date and the subject matter of national importance on which the President shall address the National Assembly.

5. The National Assembly may, after an address of the Assembly by the President, hold a debate on the address and, for that purpose, the President may or, if he or she so designates, the Vice President shall, attend and answer any matter or question relating to the President’s address.

1. Where the President takes a decision or issues a directive in the performance of any function under this Constitution or an Act of the National Assembly, the decision or directive shall be in writing, and shall bear the seal and signature of the President.

2. Where the signature of the President is required on any instrument, the signature shall be confirmed by the Public Seal.

3. Where a person acts or purports to act on a decision made or directive given by the President not in compliance with subsection (1), the person shall be personally liable if any loss or other harm results to the State as a consequence of his or her action.

1. Where an inquiry is initiated under section 105 into the mental or physical capacity of the President to discharge the functions of the Office of President-

a. the President shall step down until such time as the inquiry is completed; and

b. the Vice President shall assume and perform the functions of the Office of President.

2. If the Vice President is for any reason unable to assume and perform the functions of the Office of President, the Speaker shall assume and perform the functions of President.

3. Whoever assumes the Office of President under this section shall not take or subscribe to any oath for the due execution of that office.

1. The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and an Act of the National Assembly regulating the election of President.

2. Election to the Office of President shall be held three weeks before the end of the term of the incumbent President.

1. Subject to section 92, a person is qualified for election as President if he or she-

a. is a citizen of The Gambia;

b. has, on the date of nomination for election of President, attained the age of thirty years;

c. has been ordinarily resident in The Gambia for the three years immediately preceding the date of nomination for election of President;

d. has, on the date of nomination for election of President, produced a certificate from a medical practitioner registered in The Gambia declaring him or her to be of sound mind;

e. is a registered voter; and

f. holds a minimum of an undergraduate degree plus five years’ work experience after the date of attaining that degree; or

g. holds a minimum of a senior secondary school certificate or its equivalent plus twelve years’ work experience after the date of attaining that certificate.

2. The obligation is on the person who intends to be nominated for election as President to establish to the satisfaction of the Independent Boundaries and Electoral Commission that he or she possesses the qualifications mentioned in subsection (1).

1. A person is disqualified for election as President if he or she-

a. holds the citizenship or nationality of, or in any other manner owes allegiance to, a country other than The Gambia;

b. acquired citizenship of The Gambia by registration or naturalisation;

c. has, during any period of service in a public or elected office or in the private sector been found liable for misconduct, misbehaviour, negligence or corruption by a commission of inquiry;

d. subject to subsection (2) (a), has, during any period of service in a public office or in the private sector in The Gambia, been terminated or dismissed for dishonesty;

e. subject to subsection (2) (b), has been convicted by a court or tribunal of competent jurisdiction of-

i. an offence involving dishonesty or immoral conduct; or

ii. any other offence for which the prescribed penalty exceeds twelve months;

f. has, within ten years immediately preceding the date of nomination for election as President, uttered any statement to cause feelings of ill-will, disaffection or hostility between different classes or ethnic groups of The Gambia;

g. has been adjudged or otherwise declared bankrupt under any law and has not been discharged, or has entered into an arrangement with his or her creditors;

h. is found to have made a false declaration of his or her assets by the Anti-Corruption Commission;

i. has failed to submit to the Independent Boundaries and Electoral Commission on the date of nomination for election of President a certificate from the authority responsible for the collection of taxes that he or she has paid all taxes due from him or her; or

j. after the date of nomination for election as President but before the date of election, has been declared to be of unsound mind.

2. The disqualification mentioned-

a. in subsection (1) (d) does not apply if the termination or dismissal, as the case may be, has been litigated before a court of competent jurisdiction and the person has been found not to have acted dishonestly; and

b. in subsection (1) (e) does not apply if the conviction has been overturned on appeal or if the person has been granted a pardon in accordance with this Constitution.

1. A candidate for election to the Office of President shall-

a. on or before the date for nomination-

i. satisfy the Independent Boundaries and Electoral Commission that his or her nomination is supported by not less than five thousand registered voters consisting of at least two hundred from each administrative area, as signified by their signatures or otherwise; and

ii. pay to the Independent Boundaries and Electoral Commission such sum as may be prescribed by an Act of the National Assembly; and

b. subject to section 94, at least twenty-one days before the date for nomination, lodge a declaration of his or her assets with the Anti-Corruption Commission in such form as the Commission may determine.

2. The Anti-Corruption Commission shall, upon receipt of an assets declaration from a candidate under subsection (1) (b) or section 94 (5) (b), conduct necessary investigations and submit a report to the Independent Boundaries and Electoral Commission before the date of nomination confirming whether or not the candidate has made an accurate declaration.

1. If on the date appointed for the nomination of candidates for President only one candidate is nominated, the Independent Boundaries and Electoral Commission shall declare that candidate duly elected.

2. If two or more candidates for President are nominated, an election shall be held to elect a President.

3. If on the date appointed for the nomination of candidates for President no candidate is nominated, the Independent Boundaries and Electoral Commission shall appoint a new date, being not more than seven days, for nomination of candidates for President.

4. If a person who has been nominated as a candidate for President dies between nomination day and polling day, the Independent Boundaries and Electoral Commission shall appoint a new nomination day, being not more than seven days of the death of the candidate for President.

5. For purposes of subsection (4) and notwithstanding sections 90 and 93 (1) (b)-

a. the date stipulated for the election of President shall be shifted by seven days; and

b. a new candidate for election as President shall, within three days before the election, lodge with the Anti-Corruption Commission a declaration of his or her assets.

1. The Independent Boundaries and Electoral Commission shall declare a candidate elected as President if the candidate has received more than half of all the votes validly cast in the election.

2. If, on the first election, no candidate is elected, the Independent Boundaries and Electoral Commission shall hold a fresh election within fourteen days of the date of declaration of the results of the first election.

3. In the fresh election, the only candidates shall be the two candidates who received the highest number of votes cast at the first election.

4. Where, at the first election, more than two candidates received equally the highest number or second highest number of votes, all the candidates shall participate in the fresh election, unless any of them withdraws his or her participation.

1. Where the person declared to be the winner of an election for President dies before assuming office ("the President-elect") and before a Speaker is elected to assume office, the Chief Justice shall be sworn in as acting President until such date as the National Assembly elects a Speaker, in which case the Speaker shall be sworn in as acting President in place of the Chief Justice.

2. The Independent Boundaries and Electoral Commission shall conduct a fresh election for President within ninety days after the death of the President-elect.

1. Subject to subsection (2), the person declared to be the winner of an election for President shall assume office on the day after the date of expiry of the incumbent President’s term of office.

2. The winner of an election for President assumes the Office of President by subscribing to the prescribed oaths.

3. If for any reason the winner of an election for President has not been declared before the date of expiry of the incumbent President’s term of office or before the winner can assume office, the Chief Justice, in the absence of a Speaker, shall be sworn in as acting President until a Speaker is elected and sworn in.

4. The winner of an election for President shall be sworn in publicly before the Chief Justice or, in the absence of the Chief Justice, the most senior Gambian judge of the Supreme Court.

1. A registered political party or an independent candidate, who has participated in an election for President may apply to the Supreme Court to determine the validity of the election of a President by filing a petition within ten days of the declaration of the results of the election.

2. The Supreme Court shall, within fourteen days after the filing of a petition under subsection (1) or, if more than one petition has been filed, within fourteen days after the date of the last petition filed, hear and determine the petition or petitions, and the decision of the Supreme Court shall be final.

3. Subject to subsection (4), the filing of a petition under subsection (1) shall not be a bar to the swearing in of a winner of an election for President.

4. If the Supreme Court determines that the election for President is invalid, the Independent Boundaries and Electoral Commission shall conduct fresh elections for President within ninety days after the determination.

1. Subject to subsection (3), the President shall hold office for a term of five years.

2. No person shall hold office as President for more than two terms of five years each, whether or not the terms are consecutive.

3. Where the life of the National Assembly is extended for any period in accordance with section 138 (2), the term of office of the President shall be extended for the same period.

4. Where the term of office of the President is extended in accordance with subsection (3), the Independent Boundaries and Electoral Commission shall appoint a new date for holding election for the office of President within the period specified in section 90 (2).

1. The President shall-

a. within three months of assuming office, disclose to the Anti-corruption Commission-

i. all liabilities and business interests he or she has or that is held on his or her behalf; and

ii. all the assets, liabilities and business interests of his or her spouse held by or on behalf of the spouse; and

b. within three months of leaving office, disclose to the Anti-corruption Commission-

i. all liabilities, assets and business interests he or she has incurred or acquired during his or her tenure as President or that is held on his or her behalf; and

ii. all liabilities, assets and business interests of his or her spouse held by or on behalf of the spouse.

2. Where upon assuming office the President has any business interest, he or she shall, unless he or she otherwise disposes of the business interest, transfer the business interest to be held on his or her behalf in a trust which shall be managed in a manner to ensure conformity with this section.

1. Subject to this section, the President shall not, during his or her tenure in office, be liable to civil or criminal proceedings, whether in his or her personal capacity or in relation to the performance of a function of his or her office.

2. The Office of President shall not be immune to orders of the courts concerning rights and duties under this Constitution.

3. A person shall not, after leaving the Office of President, be liable to be sued for any act or omission done or omitted in his or her official capacity during his or her tenure as President, but shall not otherwise be immune.

4. The immunity granted to the President under this section shall not, after the President leaves office, extend to any offence the President committed during his or her tenure in office.

5. Nothing contained in this section shall be construed as-

a. preventing the National Assembly from impeaching the President for obstruction of justice under section 106 (1) (d); and

b. extending to a crime for which the President may be prosecuted under any treaty to which The Gambia is a party and which prohibits such immunity and, for that purpose, section 9 (2) shall not apply.

6. Where a person who has ceased to hold or perform the functions of the Office of President is a party to any legal proceedings, any period during which the person was immune from legal proceedings under this section shall not be counted for the purposes of applying any rule regarding the limitation of action.

1. The Office of President shall become vacant if the holder of the Office-

a. dies;

b. resigns in accordance with section 306; or

c. otherwise ceases to hold office under section 99, 100, 105 or 106.

2. If the Office of President becomes vacant, the Vice President or, if the Vice President is unable to assume that Office, the Speaker, shall assume the Office as acting President.

3. If for any reason the Speaker is unable to assume the Office of President in accordance with subsection (2), the Chief Justice shall assume the Office as acting President.

4. Where the Office of President becomes vacant, the Independent Boundaries and Electoral Commission shall hold election to that Office within ninety days from the date the vacancy occurred.

5. The Vice President, Speaker or Chief Justice, as the case may be, shall, before assuming office as acting President as provided in this section, take the prescribed oaths.

6. Upon assuming office as acting President-

a. the Vice President shall, in his or her capacity as acting President, appoint a new Vice President in accordance with this Constitution;

b. the Speaker shall vacate the Office of Speaker; or

c. the Chief Justice shall temporarily cease to sit on the Supreme Court.

1. The National Assembly may, by a vote of not less than one half of all the members of the Assembly, pass a resolution alleging that the President is by reason of infirmity of body or mind incapable of performing the functions of his or her office.

2. The resolution referred to in subsection (1) shall give particulars of the incapacity alleged against the President and request the Chief Justice to constitute and appoint a medical board.

3. Where the National Assembly passes a resolution in accordance with subsection (1), the Speaker shall transmit the original of the resolution to the Chief Justice who shall, subject to subsections (3) and (4) and without any delay, constitute and appoint a medical board to inquire into and assess the allegation of mental or physical incapacity of the President.

4. The medical board constituted and appointed under subsection (3) shall comprise-

a. the President’s personal physician or such other physician as the President selects; and

b. four other medical practitioners who are specialized in the field of medicine relative to the nature of the area in which the President is to be examined.

5. In constituting and appointing the medical board, the Chief Justice shall-

a. act on the advice of the head of the health services in The Gambia;

b. provide a time frame within which the medical board must complete its assignment; and

c. appoint the members of the medical board on such other terms and conditions as he or she deems fit.

6. The medical board shall, after duly inquiring into and assessing the allegation of mental or physical incapacity of the President, prepare and submit a report to the Chief Justice stating the board’s opinion on whether the President is, by reason of infirmity of body or mind, incapable of performing the functions of the Office of President.

7. If for any reason the personal physician of the President refuses to be appointed on the medical board or is unavailable, or the President refuses to select a physician, the head of the health services shall advise the Chief Justice on the appointment of all the members of the medical board.

8. If the report of the medical board finds that the President is incapable of performing the functions of Office of President, the Chief Justice shall, by a notice published in the Gazette and in the local media, declare the Office of President to be vacant.

9. The report of the medical board shall be conclusive and final and shall not be inquired into by any court.

1. The President may be removed from office on any of the grounds mentioned in subsection (2).

2. The grounds on which the President may be removed from office are-

a. abuse of office;

b. failure to adhere to the oath of office of President subscribed to;

c. violation of a provision of this Constitution;

d. obstruction of justice;

e. misconduct, in that he or she-

i. has conducted himself or herself in a manner that has brought or is likely to bring the Office of President into contempt or disrepute; or

ii. has dishonestly done any act which is prejudicial or inimical to the economy of The Gambia or has dishonestly omitted to act with similar consequences.

3. The National Assembly may, by a vote of not less than one half of all the members of the Assembly, pass a resolution for the removal of the President on any of the grounds mentioned in subsection (2).

4. The resolution passed in accordance with subsection (3) shall specify the ground for the removal of the President, supported by any necessary documentation, and request the Chief Justice to constitute and appoint a tribunal to investigate the President.

5. Where the National Assembly passes a resolution in accordance with subsection (2), the Speaker shall transmit a copy of the resolution to the Chief Justice and the President.

6. Where the Chief Justice receives a copy of the resolution under subsection (5), he or she shall, without any delay, constitute and appoint a tribunal to investigate the President.

7. The tribunal shall comprise-

a. a Justice of the Supreme Court, as Chairperson;

b. three other persons who hold or have held high judicial office; and

c. one other person, not being a judicial officer (or having served as one) or a legal practitioner, who is of high moral character and integrity.

8. The President has the right to appear and be represented before the tribunal by a legal practitioner of his or her own choice.

9. The tribunal shall investigate the matter contained in the resolution of the National Assembly and prepare and submit a report of its findings to the National Assembly through the Speaker stating whether the matter contained in the resolution has been substantiated.

10. If the finding of the tribunal is that the matter contained in the resolution has not been substantiated, no further proceedings shall be taken against the President.

11. If the finding of the tribunal is that the matter contained in the resolution has been substantiated, the National Assembly may, by a vote of not less than two-thirds of all the members of the Assembly, pass a resolution that the President is not fit to continue in office.

12. Where the National Assembly passes a resolution in accordance with subsection (11), the Speaker shall notify the President of that fact and the President shall immediately cease to hold and perform the functions of Office of President.

1. The President shall receive such salary and allowances as may be prescribed by an Act of the National Assembly and the salary and allowances shall not be altered to his or her disadvantage during his or her tenure of office.

2. Subject to subsection (4), the President shall be entitled-

a. to retire on his or her salary; and

b. to such other retirement benefits as may be prescribed by an Act of the National Assembly.

3. The salary and other retirement benefits received by the President under subsection (2) after leaving office shall be free of tax and shall not be taken away or altered to his or her disadvantage during his or her life time.

4. The salary and other retirement benefits receivable under subsection (2) shall not apply to a President-

a. who ceased to hold office in accordance with section 106;

b. who, since leaving office, has been convicted of an offence relative to the period when he or she served as President;

c. against whom an adverse finding has been made by a commission of inquiry after leaving office.

5. Subsections (4) (b) or (c) shall not apply if the conviction or adverse finding, as the case may be, has been overturned on appeal.

6. Where a President who receives the salary and other retirement benefits referred to in subsection (2) after a single term in office is, after the next five year period of the Presidency since leaving office, elected as President, the benefits he or she was receiving prior to his or her election shall be suspended until he or she completes his or her second five year term in office.

7. A President who has retired or is receiving the benefits provided in accordance with this section shall not hold or be eligible to hold any public office.