Constitution The Gambia 1996 Constitution (reviewed 2018) Xtra.net1 min read Page 15 of 26 Prev Next Table of Contents Toggle CHAPTER I. THE REPUBLIC1. The Republic2. Public Seal3. National flag and anthemCHAPTER II. THE CONSTITUTION AND THE LAWS4. Supremacy of the Constitution5. Enforcement of the Constitution6. Defence of the Constitution7. The laws of The GambiaCHAPTER III. CITIZENSHIP8. Citizens on the commencement of the Constitution9. Citizen by birth10. Citizen by descent11. Marriage to a citizen12. Naturalisation as a citizen12A. Dual citizenship13. Deprivation of citizenship14. Restoration of citizenship15. Acts of the National Assembly16. Interpretation of Chapter IIICHAPTER IV. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS17. Fundamental rights and freedoms18. Protection of right to life19. Protection of right to personal liberty20. Protection from slavery and forced labour21. Protection from Inhuman Treatment22. Protection from Deprivation of Property23. Privacy24. Provision to secure protection of the law and fair trial25. Freedom of speech, conscience, assembly, association and movement26. Political rights27. Right to marry28. Rights of women29. Rights of children30. Right to education31. Rights of the disabled32. Culture33. Protection from discrimination34. Declaration of state of public emergency35. Derogations from fundamental rights under emergency powers36. Persons detained under emergency powers37. Enforcement of protective provisions38. Interpretation of Chapter IVCHAPTER V. REPRESENTATION OF THE PEOPLEPART I. The Franchise39. The right to vote and registered40. Secret ballot41. Electoral lawsPART II. The Independent Electoral Commission42. The Commission43. Functions of the Commission44. Financial45. Electoral LawsPART III. Presidential Elections46. Election of a President47. Nomination of Candidates48. The Poll on an election49. Challenge to election of a PresidentPART IV. National Assembly Constituencies50. Delimitation of constituenciesPART V. National Assembly ElectionsPART VI. Seyfolu and Alkalolu58. Appointment of a District Seyfo59. Appointment of an AlkaloPART VII. Political Parties60. Political partiesCHAPTER VI. THE EXECUTIVEPART I. The President61. Office of President62. Qualifications for election as President63. Tenure of office of President64. Temporary exercise of President’s functions65. Vacancy in the office of President66. Mental or physical incapacity67. Misconduct by the President68. Salary and allowances69. Immunity from civil and criminal proceedingsPART II. The Vice-President, Ministers and the Cabinet70. The Vice-President71. Ministers72. Functions and incidents of office73. Cabinet74. Responsibility of Cabinet and Ministers75. Vote of censurePART III. Executive Powers76. The executive power77. The Executive power and The National assembly78. National Security Council79. Foreign Affairs80. Constitution of Public Offices81. Administration of Departments of State82. Prerogative of Mercy83. Honours and awardsPART IV. Prosecutions84. Director of Public Prosecutions85. Control of prosecutions86. Private prosecutionsCHAPTER VII. NATIONAL ASSEMBLY AND LEGISLATIONPART I. Establishment of the National Assembly and Members87. Establishment of the National Assembly88. Members of The National Assembly89. Qualifications for membership to the National Assembly90. Disqualifications for membership of the National Assembly91. Tenure of seats of members of the National Assembly92. Recall of Members93. The Speaker and the Deputy Speaker94. Clerk of the National Assembly95. Remuneration and allowancesPART II. The Meeting and Dissolution of the National Assembly96. General election97. Sessions of the National Assembly98. Sittings of National Assembly99. Term of the National AssemblyPART III. Legislation and Other Powers of the National Assembly100. The legislative power101. Introduction of bills and motions102. Additional functions of the National AssemblyPART IV. Procedure in the National Assembly103. Presiding in the National Assembly104. Vacancy and quorum105. Language in the National Assembly106. Voting in the National Assembly107. Unqualified person sitting or voting108. Regulation of procedure in National Assembly109. Committees of National Assembly110. Contempt of National Assembly111. The National Assembly ServicePART IV. Responsibilities, Privileges and Immunities112. Responsibilities of members113. Freedom of speech and debate114. Privilege of the National Assembly115. Immunity from service of process and arrest116. Immunity from witness summons117. Immunity from jury service118. Immunity for Publication of proceedings119. Privileges of witnessesCHAPTER VIII. THE JUDICATUREPART I. The Courts of the Gambia120. The courts and the judicial power121. The Chief Justice122. The Superior Courts123. Immunity from suit124. Courts to give timely decisionsPART II. The Superior CourtsA. The Supreme Court125. Composition of Supreme Court126. Jurisdiction of Supreme Court127. Original jurisdiction128. Appellate jurisdictionB. The Court of Appeal129. Composition of Court of Appeal130. Jurisdiction of Court of AppealC. The High Court131. Composition of High Court132. Jurisdiction of High Court133. Supervisory jurisdictionD. Special Criminal Court134. Special Criminal Court135. Jurisdiction136. National Assembly to make further provisionPART III. The Cadi Court137. The Cadi Court137A. Cadi Appeals PanelPART IV. The Judges138. Appointment of judges139. Qualifications for appointment of judges140. Vacancy in office of Chief Justice141. Tenure of office of judges142. Remuneration of judgesPART V. Administration of the Courts143. Administrative provisions144. FinancialPART VI. The Judicial Service Commission145. The Judicial Service Commission146. Appointment of Judicial Officers and court staff147. Other functions of Commission148. Operation and procedureCHAPTER IX. FINANCEPART I. Public Finance149. Taxation150. Consolidated Fund151. Withdrawal from Consolidated and other Funds152. Annual estimates and Appropriation153. Supplementary appropriation154. Contingencies Fund155. Loans156. Salaries, etc., charged on Consolidated Fund157. The Public DebtPART II. The Auditor-General and the National Audit Office158. The Auditor-General159. National Audit Office160. Functions of Auditor-GeneralPART III. The Central Bank161. Establishment of Central Bank162. The Board of the Central BankCHAPTER X. THE OMBUDSMAN163. National Assembly to establish office of Ombudsman164. Appointment and tenure of office of Ombudsman165. Independence of OmbudsmanCHAPTER XI. THE PUBLIC SERVICESPART I. Public Service166. The Public Service167. Appointment to and removal from offices in the public service168. Head of the Civil Service169. Protection of public servants170. Restriction on political activities of public servants171. Retirement agePART II. The Public Service Commission172. Establishment of Commission173. Powers of appointment174. Other powers of CommissionPART III. Public Enterprises175. Public EnterprisesPART IV. Pensions176. Protection of pension rights177. Public service pensions to be free of taxCHAPTER XII. THE POLICE FORCE AND PRISON SERVICEPART I. The Police Force178. The Gambia Police Force180. Police CouncilPART II. The Prison Service182. The Gambia Prison Service183. Control of Prison Service184. Prison Service185. Appointments in Prison ServiceCHAPTER XIII. THE ARMED FORCES AND THE NATIONAL INTELLIGENCE AGENCYPART I. The Armed Forces186. Armed Forces187. Functions188. Control of the Armed Forces189. Armed Forces Council190. Appointments in Armed ForcesPART II. National Intelligence Agency191. National Intelligence AgencyCHAPTER XIV. LAND COMMISSION192. Land CommissionCHAPTER XV. LOCAL GOVERNMENT AND TRADITIONAL RULERS193. System of local government194. Local government authoritiesCHAPTER XVI. THE NATIONAL YOUTH SERVICE195. National Youth Service Scheme196. Participation in the service197. National Youth Service BoardCHAPTER XVII. THE NATIONAL COUNCIL FOR CIVIC EDUCATION198. National Assembly to establish National Council for Civic Education199. Functions of the CouncilCHAPTER XVIII. COMMISSIONS OF INQUIRY200. Commissions of Inquiry201. Presiding Commissioner202. Function and powers of Commission203. Publication of report204. Adverse findings205. Immunities of witnesses206. National Assembly to make further provisionCHAPTER XIX. The Media207. Freedom and responsibility of the Media208. Responsibility of State owned media209. Limitations on rights and freedomsCHAPTER XX. DIRECTIVE PRINCIPLES OF STATE POLICY211. Application of the Directive Principles of State Policy212. National Integration and Unity213. National Sovereignty and Independence214. Political objectives215. Economic Objectives216. Social Objectives217. Educational objectives218. Cultural objectives219. Foreign relations220. Duties of a CitizenCHAPTER XXI. CODE OF CONDUCT FOR PUBLIC OFFICERS221. Application of Code of Conduct222. The Code of ConductThe Code of ConductDuties of Public OfficersFinancialAdditional provisions relating to the President223. Declaration of assets224. Ombudsman to report contravention of Code of Conduct225. Payment of taxesCHAPTER XXII. AMENDMENT OF THE CONSTITUTION226. Alteration of this ConstitutionCHAPTER XXIII. MISCELLANEOUSPART I. Appointments and Resignations227. Acting appointments228. Resignations229. Re-appointments and concurrent appointmentsPART II. General230. Interpretation231. Construction of various powers232. Transitional and consequential provisionsSECOND SCHEDULE. TRANSITIONAL AND CONSEQUENTIAL PROVISIONS1. Interpretation2. Election of first President3. Elections to the National Assembly4. First constituency members of the National Assembly Notwithstanding any other provision of this Constitution, the National Assembly constituencies established by the Electoral Decree, 1996 shall, until other provision is made in accordance with Chapter V of this Constitution, be deemed to be constituencies for the purposes of the Constitution and the persons duly elected as members of the National Assembly for those constituencies in accordance with the said Electoral Decree 1996 shall be deemed to have been elected as such members for their respective single member constituencies. Such members shall hold their seats in accordance with the provisions of this Constitution5. First meeting of the National Assembly6. Existing law7. The Court8. Judges9. Existing offices10. Financial provision11. Savings of Commissions of Inquiry Established During the Period Commencing 22nd July, 1994, up to the coming into Force of this Constitution12. Succession to property13. Legal Proceedings14. Preservation of Confiscation and Penalties imposed by the Armed Forces Provisional Ruling Council15. Abrogation of 1970 Constitution16. Substitution of life imprisonment for death penalty17. Paragraphs not to be amended CHAPTER XIV. LAND COMMISSION 192. Land Commission There shall be established a Land commission whose composition, functions and powers shall be prescribed by an Act of the National Assembly. Please check out our other thought-provoking articles if you did like this one: Ethiopia 1994 ConstitutionAlgeria 1989 Constitution (reinstated 1996, reviewed 2016)Dominica 1978 Constitution (reviewed 2014)Republic of North Macedonia 1991 Constitution (reviewed 2011)Philippines 1987 Constitution Get more fascinating contents like this on Facebook. FacebookXEmailLinkedInWhatsApp
