23. Application of this Chapter and guiding principles
This Chapter applies to every office and office holder and every authority, both public and private, and to every citizen or other person who has or is given, whether on contract or otherwise, a functional role or responsibility in relation to a duty that is in the public interest.
This Chapter is to be read as complementing the objects and guiding principles outlined in the various Chapters of this Constitution, and compliance with those objects and principles shall not, in any way, preclude the application of this Chapter to a public officer or authority or any other person who has a responsibility to the State, the citizens of The Gambia, or the Government, in a matter of public interest.
For the purposes of this Chapter, a reference to a public office or public officer shall, as the context requires, be construed to include every office in the service of the State, the citizens of The Gambia and every person who is elected or appointed to such office, irrespective of how the office or election or appointment to the office is described or designated.
24. Responsibilities of leadership
Cognisant of the fact that all sovereign authority emanates from the people, any authority, duty or responsibility conferred or assigned to a public officer, whether under this Constitution, an Act of the National Assembly, or any law, is–
a privilege and public trust which must be exercised in a manner that–
is consistent with the purposes and objects of this Constitution;
demonstrates respect for the people and the rule of law;
brings honour to the nation and dignity to the office; and
promotes public confidence and respect in the integrity of the office; and
vested in the public officer holding the office the responsibility to serve the people of The Gambia, rather than the power to rule them.
The guiding principles of leadership and integrity include–
selection on the basis of personal integrity, competence, ability and suitability;
election to a public office in free, transparent and fair elections;
objectivity and impartiality in decision-making, and in ensuring that decisions are transparent and not influenced by nepotism, favouritism, improper motive or corrupt practice;
selfless service based solely on what is in the public interest, demonstrated by–
honesty in the execution of public duties;
the declaration of any personal interest that may conflict with public duties and responsibilities;
respect for and upholding of the national values and principles of governance outlined in section 11; and
the duty to expose, or engage in any lawful act to prevent, the misuse and waste of public funds and property;
accountability to the public for decisions and actions; and
discipline and commitment in service to the people.
25. Conduct and oath of office of public officers
A public officer shall behave, whether in public and official life, in private life, or in association with other person, in a manner that avoids–
any conflict between personal interests and public or official duties;
compromising any public or official interest in favour of a personal interest or the interest of another person; or
bringing the office he or she holds into disrepute.
Unless otherwise specified in this Constitution, a person shall, before assuming an office established under this Constitution, subscribe to the prescribed oaths.
26. Financial probity of public officers
A gift to a public officer on a public or official occasion or on account of the office he or she holds, is a gift or donation to the State or the institution he or she represents, and shall be delivered to the State, through the Anti-Corruption Commission, unless the gift is otherwise exempted, whether conditionally or unconditionally, by an Act of the National Assembly.
A public officer shall neither seek nor accept a personal loan or benefit in circumstances that compromise his or her integrity.
27. Restrictions on the activities of public officers
A full-time public officer in the service of the State shall not engage in any gainful employment, unless exempted by–
an Act of the National Assembly; or
the express agreement of the Government, whether through service rules or otherwise.
A public officer holding office in the public service, other than a public officer who is appointed to public office which requires a person with political affiliation with a registered political party, shall not hold office in any political party.
A retired public officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of–
a Statutory Body or State Owned Enterprise; or
an organ or agency of the State.
28. Obligations of persons dealing with public officers in the service of the State
A person who enters or proposes to enter into a relationship with an organ or agency of the State, including a Statutory Body or State Owned Enterprise, whether contractual or otherwise, has a duty–
to act honestly, transparently and fairly;
to respect the people and the rule of law;
to maintain and uphold confidence and respect in the integrity of the relationship;
not to enter into an agreement or arrangement that he or she knows or suspects will result in a loss, or will be injurious, to the organ or agency of the State, or the Statutory Body or State Owned Enterprise, as the case may be;
not to engage in any activity that will compromise a public office or bring such office into disrepute; and
not to engage in any conduct to–
encourage a public officer to abuse his or her public office or to misuse or waste public funds and property; or
allow himself or herself to be used to misuse or waste public funds and property.
29. Consequence for contraventions
A person who contravenes section 25, 26, 27 or 28, commits the offence of violating the Constitution.
A person who commits the offence of violating this Constitution–
in the case of a public officer–
shall be subject to such disciplinary process and procedure as is applicable in his or her case; and
may, in accordance with the disciplinary process and procedure referred to in sub-paragraph (i), be dismissed or otherwise removed from office; and
in the case of any other person, shall have his or her relationship with the organ or agency of the State, or the Statutory Body or State Owned Enterprise, as the case may be, terminated, without prejudice to the right of the State or the Statutory Body or State Owned Enterprise to recover any loss incurred.
A person who has been dismissed or otherwise removed from office, or whose relationship with an organ or agency of the State or a Statutory Body or State Owned Enterprise has been terminated, shall–
in the case of a public officer, be disqualified from holding any other public office for life, unless an Act of the National Assembly prescribes a shorter period; and
in the case of any other person, be disqualified from having any further or other relationship with the State or any organ of the State, or any Statutory Body or State Owned Enterprise.
Subject to subsection (5), any person may, for the purposes of sections 94 (1) (f), 116 (2) (h) and 138 (1) (g), commence an action in the High Court seeking a declaration that a person has advocated ethnic or religious hatred, hatred resulting in vilification of others or incitement to cause harm.
Subsection (4) shall not apply if the Director of Public Prosecutions has initiated criminal proceedings against the person for advocating ethnic or religious hatred, hatred resulting in vilification of others or incitement to cause harm.
30. Legislation on Leadership
An Act of the National Assembly shall make provision–
establishing procedures and mechanisms for strengthening the administration of this Chapter;
prescribing penalties, in addition to those specified in section 29, for contravention of this Chapter; and
for any other matter that will ensure the promotion of the principles of leadership and integrity referred to in this Chapter, including the effective enforcement of this Chapter.
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