The Gambia 1996 Constitution (reviewed 2018)

CHAPTER XV. LOCAL GOVERNMENT AND TRADITIONAL RULERS

193. System of local government

1. Local government administration in The Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy.
2. An Act of the National Assembly shall provide for the establishment of city councils, municipalities and area councils (which are together referred to as local government authorities), and the general district in which each shall have jurisdiction. The geographical boundaries of each local government authority shall be determined by the Independent Electoral Commission.
3. An Act of the National Assembly shall make provision for the functions, powers and duties of local government authorities including provision for-
   1. the infrastructure and development of the area within the authority’s jurisdiction;
   2. the encouragement of commercial enterprises;
   3. the participation of the inhabitants in the development and administration of the area;
   4. the essential and other services to be provided by the authority;
   5. the raising of local revenue;
   6. the management, control and oversight of the authority’s finances and the audit of its accounts by the Auditor-General;
   7. the making of by-laws;
   8. the preservation of the environment;
   9. the promotion of Gambian traditions and culture;
   10. the control of financial and other resources allocated by the Central Government.
4. It shall be an object of the local government system that so far as possible, issues of local policy and administration shall be decided at a local level and that local government authorities shall co-operate with the central Government in adopting a policy of decentralisation.

194. Local government authorities

An Act of the National Assembly by or under which a local government authority is established shall include provision for-

1. the election of members of the authority from among residents of the area within the authority’s jurisdiction at intervals of four years, and the qualifications for election;
2. the additional representation on the authority of District Chiefs and representatives of local commercial, occupational or social interests or groups, whether by election or otherwise;
3. the direct election of the Mayor or Chairperson of the authority;
4. the tenure of office of members of the authority;
5. the recall by their wards of members of the authority;
6. the appointment of committees from amongst the members of the authority, including finance, establishment and appointment, and development committees;
7. the appointment of a chief executive for the authority to be responsible to the authority for the administration of its services and the implementation of its policy and programmes; and for the terms and conditions of his or her appointment.