The Gambia 1996 Constitution (reviewed 2018)

CHAPTER XXII. AMENDMENT OF THE CONSTITUTION

226. Alteration of this Constitution

1. Subject to the provisions of this section, an Act of the National Assembly may alter this Constitution.
2. Subject to subsection (4), a bill for an Act of the National Assembly under this section shall not be passed by the National Assembly or presented to the President for assent unless-
   1. before the first reading of the Bill in the National Assembly, the Bill is published in at least two issues of the Gazette, the latest publication being not less than three months after the first, and the Bill is introduced into the National Assembly not earlier than ten days after the latest publication;
   2. the Bill is supported on the second and third readings by the votes of not less than three quarters of all the members of the National Assembly.
3. If the President fails to assent within thirty days to a Bill passed by the National Assembly in accordance with subsection (2), the Bill shall be returned to the Speaker who shall refer it to the Independent Electoral Commission. The Independent Electoral Commission shall cause a referendum to be held on the Bill in accordance with subsection (4) and, if the Bill is supported on such a referendum by the majority provided for in that subsection, it shall again be presented to the President for his assent.
4. A Bill for an Act of the National Assembly altering any of the provisions referred to in subsection (7) shall not be passed by the National Assembly or presented to the President for assent unless-
   1. the Bill is published and introduced in the manner required by paragraph (a) of subsection (2);
   2. the Bill is supported on the second and third readings by the votes of not less than three quarters of all the members of the National Assembly;
   3. the Bill has been referred by the Speaker to the Independent Electoral Commission and the Commission has, within six months of such reference, held a referendum on the Bill;
   4. at least fifty per cent of the persons entitled to vote in the referendum have taken part in the referendum and the Bill is supported in the referendum by at least seventy five per cent of those who voted.
5. The Speaker and, in the case of a Bill to which subsection (3) or (4) applies, the Independent Electoral Commission shall certify that the relevant provisions of this section have been complied with and such certificates shall be delivered to the President when the Bill is presented for assent.
6. Where a Bill which has been supported in a referendum by the majority provided for in subsection (4) is presented to the President for assent, the President shall assent to the Bill within seven days.
7. Subsection (4) applies to-
   1. this section;
   2. sections 1 and 79(2) (which relate to the sovereignty of The Gambia);
   3. sections 4, 5(1) and 6(2) (which relate to the Constitution, as the supreme law of The Gambia);
   4. sections 8 and 13(4) (which relate to citizenship);
   5. Chapter IV (which provides for the protection of fundamental rights and freedoms);
   6. sections 39(1), 42(1), 47(3) (which relate to elections and the Independent Electoral Commission);
   7. section 63(1) and the first sentence of section 71(2) (which relate to the term of the President and the qualifications for Secretaries of State);
   8. sections 85(4) and 160 (7) (which relate to the Director of Public Prosecutions and the independence of the Auditor-General);
   9. sections 87 and 100 (which relate to the National Assembly and the legislative power);
   10. sections 120(1)(a), (2) and (3), 121(1), 123, 126 to 128, 130, 132, 133, 135 (1) and (2), 136 and 138(1), (4), (5) and (6) (which relate to the judicature);
   11. sections 149(1) and 151(1) which relate to taxation and the withdrawal of money from public funds);
   12. section 193(1) (which relates to local government).
8. No Act of the National Assembly shall be deemed to amend, add to, repeal or in any way alter any of the provisions of this Constitution unless the title of the Act clearly indicates that intention and the Act does so in express terms.
9. In this section-
   1. references to this Constitution include references to any law that amends or replaces any of the provisions of this Constitution;
   2. references to the alteration of this Constitution include references to the amendment, modification or reenactment with or without amendment or modification, of the Constitution or of any provision for the time being contained in this Constitution, the suspension or repeal or the making of different provision in lieu thereof, and the addition of new provisions to this Constitution.