CONSTITUTION O F THE REPUBLIC O F THE GAMBIA, 1997 ...

1 CONSTITUTION OF THE REPUBLIC OF THE GAMBIA, 1997 REPRINED 2002 The CONSTITUTION of the REPUBLIC of The Gambia ARRANGEMENT OF SECTIONS Section CHAPTER I THE REPUBLIC 1. The REPUBLIC 2. Public Seal 3. National flag and anthem CHAPTER II THE CONSTITUTION AND THE LAWS 4. Supremacy of the CONSTITUTION 5. Enforcement of the CONSTITUTION 6. Defense of the CONSTITUTION 7. The Laws of The Gambia CHAPTER III CITIZENSHIP 8. Citizens on the Commencement of the CONSTITUTION 9. Citizen by birth 10. Citizens by Descent 11. Marriage to a Citizen 12.

2 Naturalisation as a Citizen 12 A. Dual Citizenship 13. Deprivation of Citizenship 14. Restoration of Citizenship 15. Acts of the National assembly 16. Interpretation of Chapter III CHAPTER IV PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 17. Fundamental Rights and Freedoms 18. Protection of Right to Life 19. Protection of Right to Personal Liberty 20. Protection from Slavery and Forced Labour 21. Protection from inhuman Treatment 22. Protection from Deprivation of Property 23. Privacy 24. Provision to Secure Protection of the Law and Fare Trial 25. Freedom of Speech, Conscience, Assembly, Association and Movement 26.

3 Political Rights 27. Right to Marry 28. Rights of Women 29. Rights of Children 30. Right to Education 31. Rights of the Disabled 32. Culture 33. Protection from Discrimination 34. Declaration of State of Public Emergency 35. Derogations from Fundamental Rights under Emergency Powers 36. Persons Detained under Emergency Powers 37. Enforcement of Protective Provisions 38. Interpretation of Chapter IV CHAPTER V REPRESENTATION OF THE PEOPLE PART1: THE FRANCHISE 39. The Right to Vote and be Registered 40. Secret Ballot 41. Electoral Laws PART 2: THE INDEPENDENT ELECTORAL COMMISSION 42.

4 The Commission 43. The Functions of the Commission 44. Financial 45. Electoral Laws PART 3: PRESIDENTIAL ELECTIONS 46. Election of a President 47. Nomination of Candidates 48. Poll on an Election 49. Challenge to Election of President PART 4: NATIONAL ASSEMBLY CONSTITUENCIES 50 Delimitation of Constituencies 51 52 53 54 Deleted by No. 6 of 2001 55 56 57 PART 6: SEYFOLU AND ALKALOLU 58 Appointment of a District Seyfo 59 Appointment of an Alikalo PART 7: POLITICAL PARTIES 60. Political Parties CHAPTERVI THE EXECUTIVE PART1: THE PRESIDENT 61 Office of President 62. Qualification for Election of President 63.

5 Tenure of office of President exercise of President s functions 65. Vacancy in the Office of President 66. Mental of Physical incapacity 67. Misconduct by President 68. Salary and Allowances 69. Immunity from Civil and Criminal Proceedings PART2: THE VICE PRESIDENT SECRETATIES OF STATE AND THE CABINET 70. The Vice President 71. Secretaries of State 72. Functions and Incidents of Office 73. Cabinet 74. Responsibility of Cabinet and Secretaries of State 75 Vote of Censure PART3: EXECUTIVE POWERS 76 The Executive Power 77. The Executive Power and the National Assembly 78.

6 National Security Council 79. Foreign Affairs 80. CONSTITUTION of Public Offices 81. Administration of Departments of State 82. Prerogative of Mercy 83. Honours and Titles PART4: PROSECUTIONS 84. Director of Public Prosecutions 85. Control of Prosecutions 86. Private Prosecutions CHAPTERVII THE NATIONAK ASSEMBLY AND LEGISLATION PART1: ESTABLISHMENT OF THE NATIONAL ASSEMBLY AND MEMBERS 87 Establishment of the National Assembly 88. Members of the National Assembly 89. Qualifications for Membership of the National Assembly 90. Disqualifications for Membership of the National assembly 91.

7 Tenure of Seats of Members of the National Assembly 92 Recall of Members of the National Assembly 93. The Speaker and the Deputy Speaker 94. Clerk of the National Assembly 95. Remuneration and Allowances PART2 THE MEETING AND DISSOLUTIONS OF THE NATIONAL ASEMBLY 96 General Election 97. Sessions of the National Assembly 98. Sittings of the National Assembly 99. Term of the National Assembly PART3: LEGISLATION AND OTHER POWERS OF THE NATIONAL ASSEMBLY 100. The Legislative Power 101. Introduction of Bills and motions 102. Additional Functions of the National Assembly PART4: PROCEDURE IN THE NATIONAL ASSEMBLY 103 Procedure in the National Assembly 104 Vacancy and Quorum 105 Language in the National Assembly in the National Assembly 107.

8 Unqualified Person sitting or voting of Procedure in the National Assembly 109. Committees of the National Assembly 110 Contempt of the National Assembly 111. The National Assembly Service PART 5: RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES 112. Responsibilities of members 113. Freedom of speech and Debate 114. Privilege of the National Assembly 115. immunity from Service of Process and Arrest 116. Immunity from Witness Summons 117. Immunity from Jury Service 118. Immunity for Publication of Proceedings 119. Privileges of Witnesses CHPATER VII THE JUDICATURE PART1: THE COURTS OF THE GAMBIA 120 The courts and the judicial Power 121.

9 The Chief Justice 122. The Superior Courts 123. Immunity from Suit 124. Courts to give Timely Decisions PART 2: SUPERIOR COURTS A: The Supreme Court 125. Composition of the Supreme Court 1 of Supreme Court 127. Original Jurisdiction 128. Appellate Jurisdiction B: The Court of Appeal 129 Composition of Court of appeal 130 Jurisdiction of Court of Appeal C: The High Court 131. Composition of High Court 132. Jurisdiction of High Court 133 Supervisory Jurisdiction D: Special criminal Court 134. Special Criminal Court 135. Jurisdiction 136. National Assembly to make further provision PART 3: THE CADI COURT Cadi court 137A Cadi Appeals Panel PART 4 THE JUDGES 138.

10 Appointment of Judges 139. Qualifications of Judges 140. Vacancy in office of the Chief Justice 141. Tenure of Office of Judges 142. Remuneration of Judges PART 5: ADMINISTRATION OF THE COURTS provisions PART 6: THE JUDICIAL SERVICE COMMISSION judicial service commission of Judicial Officers and Court Staff Functions of Commission and Procedure CHAPTER IX FINANCE PART 1: PUBLIC FINANCE Fund from Consolidated and other Funds Estimates and Appropriation Bill Appropriation Fund , etc, charged on Consolidated Fund Public Debt PART 2: THE AUDITOR- GENERAL AND THE NATIONAL AUDIT OFFICE Auditor-General Audit Office of Auditor-General PART 3.