Constitution

The Gambia 2020 Draft Constitution

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Table of Contents

CHAPTER VIII. EXECUTIVE

PART I. GUIDING PRINCIPLES OF EXECUTIVE AUTHORITY AND GENERAL DUTIES

85. Principles of executive authority

  1. The executive authority of The Gambia is vested 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 values and principles of this Constitution and all other laws validly enacted by the National Assembly.

86. The Executive

  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.

PART II. OFFICE OF PRESIDENT, POWERS AND DUTIES

87. Office of President

  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 Gambia Armed Forces.
  3. The President shall be the symbol 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–
    1. respect, uphold and defend this Constitution as the supreme law of The Gambia;
    2. safeguard the sovereignty of The Gambia;
    3. uphold, promote and enhance the unity of Gambians;
    4. uphold and promote respect for the diversity of the people and communities of The Gambia; and
    5. take appropriate steps to promote and protect the rule of law and the fundamental rights and freedoms enshrined in this Constitution.

88. Powers of President

  1. The President shall, subject to this Constitution, exercise or perform the following powers and duties–
    1. give general direction and control over the affairs of the State in a manner not inconsistent with this Constitution or any Act of the National Assembly;
    2. assent to Acts enacted by the National Assembly and, where required, to bring the Acts into force;
    3. convene and preside over meetings of the Cabinet;
    4. constitute any public office for The Gambia;
    5. 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;
    6. assign responsibility for the implementation and administration of any Act of the National Assembly to the Vice President or a Minister;
    7. confer national honours;
    8. on behalf of The Gambia, negotiate, sign, enter into and accede to bilateral and multilateral agreements, including treaties, that are not against the public interest of The Gambia;
    9. appoint high commissioners, ambassadors and diplomatic representatives, and receive foreign diplomatic and consular representatives;
    10. issue commissions of inquiry in accordance with this Constitution and an Act of the National Assembly;
    11. grant a pardon to, or remit or reduce a sentence imposed by a court on, a convicted offender;
    12. declare a state of public emergency in the interest of The Gambia;
    13. subject to the prior approval of the National Assembly, to declare war and make peace;
    14. 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
    15. 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 all the members of the Assembly vote in favour of the appointment.
  5. The President shall neither have nor exercise any power to–
    1. establish a one party State;
    2. establish any religion as a State religion; or
    3. alter the decision or judgment of a court in any proceedings.
  6. The prohibition under subsection (5) (c) shall not affect the President’s exercise of the prerogative of mercy under section 128.

89. Duty to attend and address the National Assembly

  1. The President shall at the commencement of each year, but in any case not later than the end of April, 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 may, or if he or she so designates the Vice 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 the President is 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 it wishes to be addressed.
  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.

90. Decisions of the President

  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 on a decision made or directive given, or a decision or directive purportedly made or given, by the President that is 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.

91. Temporary succession to the Office of President

  1. Where an inquiry is initiated under section 107 into the mental or physical capacity of the President to discharge the functions of the Office of President–
    1. the President shall step down until such time as the inquiry is completed; and
    2. 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 Office of President and shall, in that regard, temporarily cease to perform the functions of Speaker.
  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.

PART III. ELECTION TO THE OFFICE OF PRESIDENT

92. Election of President

  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 at least six weeks before the end of the term of the incumbent President.

93. Qualifications for election as President

  1. Subject to section 94, a person is qualified for election as President if he or she–
    1. is a citizen of The Gambia by birth;
    2. has, on the date of nomination for election of President, attained the age of thirty years;
    3. has been ordinarily resident in The Gambia for the three years immediately preceding the date of nomination for election of President;
    4. 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;
    5. is a registered voter; and
    6. holds a minimum of an undergraduate degree plus five years’ work experience after the date of attaining that degree; or
    7. 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).
  3. For the purposes of subsection (1) (f) and (g), “work experience” relates to any field of employment, including self-employment, whether in the public sector or private sector.

94. Disqualifications for election as President

  1. A person is disqualified for election as President if he or she–
    1. holds the citizenship or nationality of, or in any other manner owes allegiance to, a country other than The Gambia;
    2. acquired citizenship of The Gambia by registration or naturalisation;
    3. has, within ten years immediately preceding the date of nomination for election as President, been found liable for gross misconduct or misbehaviour, or negligence or corruption by a commission of inquiry;
    4. 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 or immoral conduct;
    5. subject to subsection (2) (b), has been convicted by a court or tribunal of competent jurisdiction of–
      1. an offence involving dishonesty or immoral conduct; or
      2. any other offence for which he or she has been sentenced for a term of imprisonment of twelve months or more;
    6. has, within ten years immediately preceding the date of nomination for election as President, been found by a court or tribunal of competent jurisdiction to have advocated ethnic or religious hatred, hatred resulting in vilification of others or incitement to cause harm;
    7. has been adjudged a bankrupt and has not been discharged, or has entered into an arrangement with creditors;
    8. is found to have made a false declaration of his or her assets by the Anti-Corruption Commission in relation to the election at which he or she wishes to be nominated for election as President;
    9. 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
    10. 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 in–
    1. subsection (1) (c) does not apply if the finding of the commission of inquiry has been overturned on appeal;
    2. 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 or immorally; and
    3. subsection (1) (e) does not apply if the conviction has been overturned on appeal or if the person has been granted a pardon.

95. Nomination of candidates for President

  1. A candidate for election to the Office of President shall–
    1. on or before the date for nomination–
      1. satisfy the Independent Boundaries and Electoral Commission that his or her nomination is supported by such number of registered voters, signified by their signatures or otherwise, as may be specified in an Act of the National Assembly; and
      2. deposit with the Independent Boundaries and Electoral Commission such sum as may be prescribed by an Act of the National Assembly which shall be returned if he or she receives not less than such percentage of the valid votes cast at the public election as the Act may prescribe; and
    2. subject to section 96, 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 96 (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.

96. Procedure on nomination of candidates for President

  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 fourteen days after the death of the candidate for President.
  5. For purposes of subsection (4) and notwithstanding sections 92 and 95 (1) (b)–
    1. the date stipulated for the election of President shall be delayed by seven days;
    2. a new candidate for election as President shall, within seven days before the election, lodge with the Anti-Corruption Commission a declaration of his or her assets;
    3. if the candidate that died was nominated by a registered political party, the new candidate shall be an individual nominated by that political party; and
    4. if the candidate that died was an independent candidate, there shall not be any nomination for a new independent candidate.

97. Procedure of election of President

  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 second election within fourteen days of the date of declaration of the results of the first election.
  3. In the second election, the only candidates shall be the two candidates who received the highest number of valid 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 valid votes, the candidates who received the highest number and second highest number of valid votes shall participate in the second election, unless any of them withdraws his or her participation.

98. Declaring winner of presidential election

  1. The Independent Boundaries and Electoral Commission shall as soon as possible, but in any case not beyond seventy-two hours, after the polls are closed–
    1. declare the result of the election and the winner; and
    2. deliver a written notification of the result to the Chief Justice, the incumbent President and the person declared the winner if that person is not the incumbent President.
  2. Where the Independent Boundaries and Electoral Commission forms the view that it is not possible to declare the result of the election and the winner within the period specified in subsection (1), it may apply to the Supreme Court seeking an extension of time.
  3. The Supreme Court shall, upon receipt of an application under subsection (2), immediately hear and determine the application and, if it considers it justifiable, make an order–
    1. extending the time for the declaration of the result of the election and the winner on such terms and conditions as it considers fit; and
    2. directing the order made under paragraph (a) to be published in such manner as the Court deems fit.

99. Death of President-elect before assumption of Office

  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.

100. Assumption of Office of President

  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 shall, before assuming office, subscribe to the prescribed oath in Schedule 2.
  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.

101. Challenging validity of election of President

  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.

PART IV. TERMS AND CONDITIONS OF OFFICE OF PRESIDENT

102. Term of office of President

  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 140 (2) and (3), 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 92 (2).

103. Disclosure obligations of President

  1. The President shall–
    1. within three months of assuming office, disclose to the Anti-Corruption Commission–
      1. all liabilities and business interests he or she has or that is held on his or her behalf; and
      2. all the assets, liabilities and business interests of his or her spouse held by or on behalf of the spouse; and
    2. within three months of leaving office, disclose to the Anti-Corruption Commission–
      1. 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
      2. 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.

104. Restrictions regarding Office of President

The President shall not, during his or her tenure of office–

  1. hold any other public or private office and shall not perform remunerative work outside the duties of his or her office;
  2. use his or her office, or use information entrusted to or received by him or her in his or her official capacity, for personal gain directly or indirectly or place himself or herself in a situation where his or her material interests conflict with the duties and responsibilities of his or her office; or
  3. establish, or advocate for, participate in, or promote, the establishment, or in any other way engage in the establishment, directly or indirectly, of any organisation or institution of a civic, charitable or other nature.

105. Immunity of President from legal proceedings

  1. Subject to this section and section 29 (4) and (5), 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–
    1. preventing the National Assembly from impeaching the President for obstruction of justice under section 108 (2) (d); and
    2. 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 10 (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.

106. Vacancy in the Office of President

  1. The Office of President shall become vacant if the holder of the Office–
    1. dies;
    2. resigns in accordance with section 309; or
    3. otherwise ceases to hold office under sections 101, 102, 107 or 108.
  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. Subsection (4) shall not apply if the period between the vacancy in the Office of President occurring and when the next election for that Office is due is nine months or less.
  6. The Vice President, Speaker or Chief Justice, as the case may be, shall, before assuming office as acting President as provided in this section, subscribe to the prescribed oath in Schedule 2.
  7. Upon assuming office as acting President–
    1. the Vice President shall, in his or her capacity as acting President, appoint a new Vice President in accordance with this Constitution;
    2. the Speaker shall vacate the Office of Speaker; or
    3. the Chief Justice shall temporarily cease to sit on the Supreme Court.

107. Removal of President by reason of mental or physical incapacity

  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 (4) and (5) 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–
    1. the President’s personal physician or such other physician as the President selects; and
    2. 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–
    1. act on the advice of the head of the health services in The Gambia;
    2. provide a time frame within which the medical board must complete its assignment; and
    3. appoint the members of the medical board on such other terms and conditions as he or she deems fit.
  6. 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.
  7. 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.
  8. The Chief Justice shall, upon receipt of the report under subsection (7), transmit the report to the Speaker advising the Speaker on the opinion of the medical board on whether or not the President is capable of performing the functions of Office of President.
  9. If the report of the medical board finds that the President is incapable of performing the functions of Office of President, the Speaker shall place the report before the National Assembly which shall deliberate on the report and vote on it, and the President shall only be removed from office if at least two-thirds of all the members of the Assembly vote in favour of removal.
  10. The report of the medical board shall be conclusive and final and shall not be inquired into by any court.

108. Removal of President by impeachment

  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–
    1. abuse of office;
    2. failure to adhere to the oath of office of President subscribed to;
    3. violation of a provision of this Constitution;
    4. obstruction of justice; and
    5. misconduct, in that he or she–
      1. 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
      2. 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 (3), the Speaker shall transmit a copy of the resolution to the Chief Justice and the President.
  6. Where the Chief Justice receives the original 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–
    1. a Justice of the Supreme Court, as Chairperson;
    2. three other persons who hold or have held high judicial office; and
    3. 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 Chief Justice stating whether the matter contained in the resolution has been substantiated, and the Chief Justice shall transmit the report to the National Assembly through the Speaker.
  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, upon such notification, immediately cease to hold and perform the functions of Office of President.

109. Salary and allowance

  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–
    1. to retire on his or her salary; and
    2. 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 lifetime.
  4. The salary and other retirement benefits receivable under subsection (2) shall not apply to a President–
    1. who ceased to hold office in accordance with section 108;
    2. who, since leaving office, has been convicted of an offence relative to the period when he or she served as President; or
    3. against whom an adverse finding of abuse of office or corruption 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 a subsequent period of the Presidency since leaving office, elected as President, the benefits he or she was receiving prior to his or her election for the subsequent period of the Presidency shall cease forthwith, and he or she shall only be entitled to the benefits after the end of his or her second 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 for which he or she is paid a salary.

PART V. OTHER OFFICES IN THE EXECUTIVE

i. Vice President and Ministers

110. Office of Vice President

  1. There is established the Office of Vice President of the Republic of The Gambia.
  2. The President shall, within fourteen days of assuming office, appoint the Vice President.

111. Qualifications and disqualification of Vice President

  1. A person is qualified to be appointed Vice President if he or she has the qualifications required for the election of President under section 93.
  2. The disqualifications outlined in respect of the nomination and election of President under section 94 (1) shall apply to the appointment of the Vice President with necessary modifications, but the person to be appointed as Vice President shall–
    1. before assuming office, produce to the 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; and
    2. not be a member of the National Assembly.

112. Functions of the Vice President

The Vice President shall–

  1. be the principal assistant of the President in the discharge of the President’s executive functions;
  2. act as President during any period when the President is temporarily unable to perform his or her functions, or during any other period that the President appoints;
  3. answer in the National Assembly questions or other matters affecting the Office of President, and shall read on the President’s behalf any message sent to the National Assembly by the President; and
  4. perform any other functions conferred on him or her by this Constitution or assigned by the President.

113. Vacancy in the Office of Vice President

  1. The Office of Vice President shall become vacant–
    1. on the death or resignation of the holder of that Office;
    2. on the revocation of the appointment of the person holding that Office;
    3. if the holder of that Office assumes the Office of President; or
    4. if the holder of that Office, while serving as Vice President, ceases to satisfy any of the qualifications applicable to the Office of President.
  2. Where the Office of Vice President becomes vacant, the President shall, without any delay, appoint a new Vice President.

114. Revocation of appointment of Vice President

  1. The President may for any cause revoke the appointment of the Vice President.
  2. Without prejudice to subsection (1), the President shall revoke the appointment of the Vice President if the National Assembly adopts a vote of censure against the Vice President in accordance with section 122.

115. Appointment of Ministers

  1. Subject to subsection (2), the President shall nominate and appoint–
    1. such number of Ministers, not exceeding twenty, to assist with the running of the affairs of the State; and
    2. an Attorney General who shall be a Minister and shall be a legal practitioner of not less than ten years standing.
  2. The President shall, within forty-five days of assuming office, nominate and appoint the Ministers, subject to confirmation by the National Assembly.
  3. Where at any time during the term of office of the President, the President considers it necessary to nominate and appoint a Minister, the Minister shall be subject to confirmation by the National Assembly.
  4. The President may, whenever he or she considers it fit, reassign a Minister.
  5. In determining the number of Ministers to appoint, the President shall take into account the economic circumstances of the country and the extent to which the economy can effectively sustain the Ministries to be headed by the Ministers.

116. Qualifications and disqualifications of Ministers

  1. A person is qualified to be appointed a Minister if he or she–
    1. is a citizen of The Gambia;
    2. has attained a qualification at tertiary education level and can speak and write the English language well;
    3. has proven experience of not less than eight years from the date of earning the qualification mentioned in paragraph (b); and
    4. is of high moral character and proven integrity.
  2. A person is not qualified to be appointed a Minister if he or she–
    1. is a member of the National Assembly;
    2. has been declared to be of an unsound mind;
    3. has been adjudged a bankrupt and has not been discharged, or has entered into an arrangement with creditors;
    4. subject to subsection (3) (a), has within ten years immediately preceding the date of appointment as Minister, been found liable for gross misconduct, misbehaviour, negligence or corruption by a commission of inquiry;
    5. subject to subsection (3) (b), has during any period of service in a public office or in the private sector in The Gambia, been terminated or dismissed for dishonesty or immoral conduct;
    6. subject to subsection (3) (c), has been convicted by a court or tribunal of competent jurisdiction of–
      1. an offence involving dishonesty or immoral conduct; or
      2. any other offence for which he or she has been sentenced to a term of imprisonment of twelve months or more;
    7. has, within seven years immediately preceding the date of his or her appointment as Minister, been convicted by a court or tribunal of competent jurisdiction of an offence relating to elections;
    8. has, within ten years immediately preceding the date of appointment as Minister, been found by a court or tribunal of competent jurisdiction to have advocated ethnic or religious hatred, hatred resulting in vilification of others or incitement to cause harm;
    9. is found to have made a false declaration of his or her assets by the Anti-Corruption Commission;
    10. fails to produce 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
    11. is a serving member of a disciplined force.
  3. The disqualification mentioned in–
    1. subsection (2) (d) does not apply if the finding of the commission of inquiry has been overturned on appeal;
    2. subsection (2) (e) 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 or immorally; and
    3. subsection (2) (f) does not apply if the conviction has been overturned on appeal or if the person has been granted a pardon.
  4. Where the Vice President or a Minister has been found to have made a false declaration under subsection (2) (i), he or she shall not be eligible to be nominated or appointed as Vice President or Minister, as the case may be, for a period of five years from the date he or she was found to have made the false declaration.

117. Vacancy in Office, and revocation of appointment, of Minister

  1. The Office of a Minster shall become vacant–
    1. on the death or resignation of the holder of that Office;
    2. on the revocation of appointment of the person holding that Office; or
    3. if, during his or her tenure, any of the disqualifications outlined in section 116 applies or is discovered after his or her appointment.
  2. The President may for any cause revoke the appointment of a Minister.
  3. Without prejudice to subsection (2), the President shall revoke the appointment of a Minister if the National Assembly adopts a vote of censure against the Minister in accordance with section 122.

118. Functions and incidents of Office

  1. The Vice President and Ministers shall–
    1. be responsible for such Ministries, Departments and other offices and business of the Government as the President may assign to them; and
    2. exercise general direction and control over their respective Ministries, Departments and other offices of Government.
  2. The President shall, in assigning responsibilities in accordance with subsection (1), have due regard to the competence, expertise and experience of the Vice President or Minister concerned.
  3. The Vice President and each Minister is accountable to the President for the administration of the Ministry and Departments and other offices and business of Government for which he or she has responsibility, and this accountability extends to the National Assembly in accordance with sections 121 and 122.
  4. The Attorney General shall be the chief legal adviser to the Government and shall–
    1. be the leader of the Bar;
    2. promote, protect and uphold the rule of law and defend the public interest;
    3. have the right of audience in all the courts of The Gambia in respect of civil matters;
    4. have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party; and
    5. in the performance of his or her functions, act in accordance with the dictates of the law.

119. Disclosure obligations of Vice President and Ministers

  1. The Vice President and each Minister shall–
    1. within three months of assuming office, disclose to the Anti-Corruption Commission–
      1. all assets, liabilities and business interests he or she has or that is held on his or her behalf; and
      2. all the assets, liabilities and business interests of his or her spouse held by or on behalf of the spouse; and
    2. within three months of leaving office, disclose to the Anti-Corruption Commission–
      1. all assets, liabilities and business interests he or she has incurred or acquired during his or her tenure as Vice President or Minister or that is held on his or her behalf; and
      2. all assets, liabilities and business interests of his or her spouse held by or on behalf of the spouse, during his or her tenure in office.
  2. Where upon assuming office the Vice President or a Minister 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.

120. Restrictions regarding Office of Vice President and Minister

The Vice President and each Minister shall not, during his or her tenure of office–

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  1. hold any other public or private office and shall not perform remunerative work outside the duties of his or her Office;
  2. use his or her Office, or use information entrusted to or received by him or her, for personal gain directly or indirectly or place himself or herself in a situation where his or her material interests conflict with the duties and responsibilities of his or her Office; or
  3. establish, or advocate for, participate in or promote the establishment, or in any other way engage in the establishment, directly or indirectly, of any organisation or institution of a civic, charitable or other nature.

121. Responsibility of the Vice President and Ministers to the National Assembly

The Vice President and each Minister shall–

  1. whenever required by the National Assembly, report to the Assembly any matter concerning a Ministry or Department or other office or business of Government for which he or she has responsibility;
  2. be entitled to attend and speak in the National Assembly whenever a Bill, motion or other matter concerning a Ministry or Department or other office or business of Government for which he or she has responsibility is being introduced or debated; and
  3. provide such other assistance as may be necessary to facilitate the National Assembly to discharge its functions and responsibilities.

122. Vote of censure

  1. The National Assembly may, by a resolution supported by the votes of not less than two-thirds of all the members, pass a vote of censure against the Vice President or a Minister on the ground of–
    1. his or her inability to perform the functions of his or her Office;
    2. abuse of office or violation of a provision of this Constitution;
    3. his or her misconduct in office;
    4. failure to adhere to the prescribed oaths he or she has subscribed to on assuming office; or
    5. persistent failure to attend sittings of the National Assembly to answer questions or provide information requested by the National Assembly.
  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 ground or grounds on which the petition is initiated.
  3. The President shall cause a copy of the petition to be given to the Vice President or Minister, as the case may be, immediately.
  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 Minister 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; or
    2. dishonestly done any act which is prejudicial or inimical to the economy of The Gambia or dishonestly omitted to act with similar consequences.

ii. The Cabinet

123. Establishment and composition of the Cabinet

  1. There is established the Cabinet which shall comprise the President, the Vice President and the Ministers.
  2. The President, or in his or her absence the Vice President, shall chair Cabinet meetings.
  3. The Cabinet shall, for the purpose of conducting its meetings, regulate its own rules of procedure.
  4. The President may, for the conduct of any particular or general business, invite such public or other officers to attend Cabinet meetings to answer questions or provide necessary assistance to the Cabinet.

124. Functions of Cabinet

  1. The Cabinet shall be responsible for–
    1. advising the President with respect to policies to be adopted and implemented by the Government;
    2. advising on appropriate measures for implementing Acts of the National Assembly;
    3. directing, coordinating and supervising the activities of Government Ministries and Departments;
    4. initiating Bills for submission to the National Assembly and to explain those Bills;
    5. considering and approving subsidiary legislation for which the Executive has delegated responsibility;
    6. preparing, explaining and formulating for the National Assembly the budget of the State and its economic programmes;
    7. advising the President in determining what international agreements are to be signed, ratified or acceded to and advising the National Assembly accordingly; and
    8. performing such other functions reasonably necessary for the performance of their duties in accordance with this Constitution, or as may be prescribed by an Act of the National Assembly or required by the President.
  2. Subject to subsection (3), the Cabinet shall, in relation to legislative proposals, make such proposals available in a timely manner to permit sufficient time for canvassing expert and public opinion.
  3. Where the exigencies of a legislative proposal do not permit for timely canvassing of expert and public opinion, the Cabinet may proceed with the legislative proposal without such opinion.
  4. All Cabinet decisions shall be communicated in writing.

125. Secretary to Cabinet

  1. There is established the Office of Secretary to Cabinet, which shall be an office in the public service.
  2. The President shall nominate and appoint the Secretary to Cabinet, subject to confirmation by the National Assembly.
  3. The Secretary to Cabinet shall have responsibility for–
    1. the administration of the Cabinet Office;
    2. recording and arranging the business, and keeping the minutes, of the Cabinet, subject to any direction given by the Cabinet;
    3. conveying the decisions of the Cabinet to the relevant persons and authorities and, where necessary, to follow up to establish whether the decisions have been acted upon and report back to the Cabinet; and
    4. performing such other functions as may be assigned or directed by the President or the Cabinet.

iii. Other Powers of the President

126. International relations

  1. The President shall be responsible for the conduct of relations with other states and international organisations.
  2. The Gambia shall not–
    1. enter into any agreement, arrangement or engagement with any other country which causes The Gambia to lose its sovereignty without the matter first being put to a referendum and passed by a vote of at least two-thirds of the registered voters; or
    2. become a member of any international organisation unless the National Assembly is satisfied, through a resolution passed by the Assembly, that it is in the interest of The Gambia and that membership does not derogate from the country’s sovereignty.
  3. A treaty entered into by the President pursuant to the powers granted by section 88 (1) (h)–
    1. is subject to ratification by the National Assembly on a vote of not less than one half of all the members of the Assembly before it has any application to The Gambia; and
    2. shall not become law unless section 10 (2) is complied with.
  4. The National Assembly may–
    1. by resolution, establish procedures for the ratification of treaties and other bilateral and multilateral agreements; and
    2. enact legislation to strengthen the foreign relations of The Gambia, including creating an enabling administrative and management framework through which the foreign service of The Gambia will be managed and regulated in a consolidated and coherent manner.
  5. The President or any person acting under his or her direction shall not suspend or withdraw The Gambia from any international treaty or organisation without the approval of the National Assembly on a vote of not less than two-thirds of all the members.

127. Establishment of Prerogative of Mercy Committee

  1. There is established the Prerogative of Mercy Committee whose members shall comprise–
    1. the Attorney General, as Chairperson;
    2. the Minister responsible for internal security; and
    3. three other persons, not being public officers, of wide knowledge and experience and of high moral character and proven integrity, nominated by the President.
  2. The members of the Prerogative of Mercy Committee referred to in subsection (1) (c) shall be appointed by the President, subject to confirmation by the National Assembly.
  3. The heads responsible for the administration of prisons and social welfare shall serve as resource persons to the Prerogative of Mercy Committee
  4. The functions of the Prerogative of Mercy Committee are to–
    1. review cases of prisoners referred to the Committee by the President to determine whether recommendation should be made in respect of the President’s exercise of his or her powers under section 128 in relation to such prisoners; and
    2. advise the President on which cases, if any, referred to the Committee merits the President’s exercise of his or her power of mercy.
  5. The Prerogative of Mercy Committee may, in performing its functions, take into account the views of the victims, or in their absence the views of their families, in respect of the offences for which the prisoners are convicted and sentenced to imprisonment.
  6. An Act of the National Assembly shall provide for the procedure of the Prerogative of Mercy Committee and the criteria it should apply in considering and formulating its advice to the President. Exercise of the power of mercy

128. Exercise of the power of mercy

  1. The President may, on the petition of any person or on his or her own prerogative, and after consulting with and considering the advice of the Prerogative of Mercy Committee–
    1. grant to any person convicted of an offence a pardon either free or subject to lawful conditions;
    2. grant to any person a respite, either indefinite or for a specified period, in relation to a punishment imposed on that person for an offence;
    3. substitute a less severe form of punishment for the punishment imposed on a person for an offence; or
    4. remit the whole or any part of a punishment imposed on a person for an offence.
  2. The exercise by the President of the power to grant a pardon under subsection (1) (a) shall not extend to a decision of the National Assembly in respect of a President who has been impeached.
  3. Where, under subsection (1) (a), a person is granted–
    1. a free pardon, he or she shall be treated as if he or she never committed the offence in respect of which he or she received the free pardon; or
    2. a conditional pardon, the pardon remains in effect subject to compliance with the conditions of the pardon.
  4. If a person is granted a conditional pardon, the fact of the conviction for which he or she is granted the conditional pardon remains, but that shall not be a bar to the person’s full participation in public life.

129. Honours and awards

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

iv. Other Public Offices

130. The President’s Chief of Staff

  1. There shall be a Chief of Staff to the President who shall be appointed by the President at his or her sole discretion and who may similarly be removed by the President.
  2. Subject to subsection (1), the term of office of the Chief of Staff appointed under subsection (1) shall come to an end at the time the President leaves office.
  3. The functions of the Chief of Staff to the President shall be to–
    1. act as the principal adviser to the President on the running of the affairs of the Presidency;
    2. administer and manage the President’s office, including the coordination of the administration and execution of the activities of that office and the protection of the interests of the President;
    3. assist the President in establishing and managing the President’s agenda and vision; and
    4. perform all other functions assigned to him or her from time to time by the President.
  4. The offices constituted under the Office of the Chief of Staff to the President shall be public offices.

131. Director of Public Prosecutions

  1. There is established the Office of Director of Public Prosecutions which shall be an office in the public service.
  2. The Director of Public Prosecutions shall be appointed by the President, on the recommendation of the Public Service Commission, subject to confirmation by the National Assembly.
  3. The qualifications for appointment as Director of Public Prosecutions are the same as those for the appointment of a judge of the High Court.
  4. Subject to this section, the Director of Public Prosecutions has the power in any criminal matter in which he or she considers it desirable to–
    1. institute and undertake criminal proceedings against any person before any court in respect of any offence alleged to have been committed by that person;
    2. take over and continue any criminal proceedings which have been instituted or undertaken by any other person or authority; or
    3. discontinue at any stage before judgment is delivered by the court any criminal proceedings instituted or undertaken by himself or herself or any other person or authority.
  5. The Director of Public Prosecutions shall not take over and continue, or discontinue, any private prosecution or prosecution initiated by the Anti-Corruption Commission without the consent of the private prosecutor or the Anti-Corruption Commission, as the case may be, and the court.
  6. The Director of Public Prosecutions may direct the Inspector General of Police to investigate any suspicion or allegation of criminal conduct and the Inspector General of Police shall comply with such direction.
  7. The powers of the Director of Public Prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions given by him.
  8. The Director of Public Prosecutions shall not require the consent of any person or authority to initiate criminal proceedings against a person and, in the exercise of his or her powers, shall not be subject to the control or direction of any other person or authority.
  9. The Director of Public Prosecutions shall, in exercising his or her power of prosecution, have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.
  10. The provisions of section 194 as they relate to the removal of a judge of a High Court shall, with necessary modifications, apply to the removal of the Director of Public Prosecutions and any reference in that section to a judge of the superior court and the Judicial Service Commission shall be construed to refer to the Director of Public Prosecutions and the Public Service Commission respectively.
  11. The Director of Public Prosecutions shall prepare and present an annual report to the National Assembly regarding the exercise of his or her powers and the report shall include statistics on the number of–
    1. criminal cases received for purposes of prosecution;
    2. prosecutions undertaken and completed;
    3. prosecutions undertaken but not completed;
    4. prosecutions yet to commence;
    5. cases in respect of which prosecution was undertaken and discontinued;
    6. prosecutions taken over by him or her; and
    7. any other cases for which statistical data may be developed to assist the National Assembly in understanding and having a fuller picture on the state of criminality in the country.
  12. The statistics required under subsection (11) shall each be aggregated according to type of offence.
  13. In reviewing and debating the report provided in accordance with subsection (11), the National Assembly shall not give any direction to the Director of Public Prosecutions, but may make recommendations of an administrative or policy nature.

132. Private Prosecutions

An Act of the National Assembly may make provision for private prosecutions.

133. Solicitor General and Legal Secretary

  1. There is established the Office of Solicitor General and Legal Secretary which shall be an office in the public service, and the holder of the Office shall perform such functions and exercise such powers as may be provided in an Act of the National Assembly.
  2. The President shall appoint the Solicitor General and Legal Secretary, acting on the advice of the Public Service Commission.
  3. A person is not qualified to be appointed Solicitor General and Legal Secretary or to act in that Office unless he or she is qualified to be appointed as a judge of the High Court.

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