PART I. PRINCIPLES OF DECENTRALISED LOCAL GOVERNMENT
201. Principles of decentralised government
The principles of decentralised government are-
to promote democratic and accountable exercise of power;
to foster national unity by recognising diversity;
to give powers of self-governance to the people to be exercised through their respective Local Government Authorities;
to recognise the rights of communities to manage their own affairs and to further their development;
to protect and promote the interests and rights of marginalised groups and communities;
to promote social and economic development and the provision of proximate, easily accessible services throughout The Gambia;
to ensure equitable sharing of national and local resources throughout The Gambia;
to facilitate the decentralisation of State organs, their functions and services to the administrative areas of The Gambia; and
to enhance checks and balances and the separation of powers.
202. System of local government
A local government shall be based on a council which shall be the highest political authority, for local governance, within its area of jurisdiction and which shall have legislative and executive powers to be exercised in accordance with this Constitution and an Act of the National Assembly.
Local Government Authorities established under this Constitution shall reflect the following features-
Local Governments shall be based on democratic principles and the separation of powers;
Local Government Authorities shall have reliable sources of revenue to enable them to govern and deliver services effectively;
no more than two-thirds of the members of representative bodies in each Local Government Authority shall be of the same gender; and
a minimum of ten percent of the members of representative bodies in the Local Government Area shall be youths.
A person shall not be a member of a Local Government Authority unless that person is a citizen of The Gambia.
PART II. ESTABLISHMENT AND COMPOSITION OF LOCAL GOVERNMENT AUTHORITIES
203. Establishment and composition of Local Government Authorities
An Act of the National Assembly shall provide for the establishment of city councils, municipalities and area councils (which are together referred to as “Local Government Authorities”), and the general districts in which each shall have jurisdiction.
The geographical boundaries of each Local Government Authority shall be determined by the Independent Boundaries and Electoral Commission.
Every Local Government Authority shall comprise such number of members as may be specified in an Act of the National Assembly.
204. Functions and powers of Local Government Authorities
An Act of the National Assembly shall make provision for the functions, powers and duties of Local Government Authorities, including provision for—
the infrastructure and development of the area within the Authority’s jurisdiction;
the encouragement of economic activities;
the participation of the people in the development and administration of the area;
the essential and other services to be provided by the Authority;
the raising of revenue;
the management, control and oversight of the Authority’s finances and facilitate the auditing of its accounts by the Auditor-General;
the making of by-laws in accordance with powers conferred by an Act of the National Assembly;
the preservation of the environment;
the promotion of Gambian traditions and culture; and
the control of financial and other resources allocated by the Central Government.
It shall be an object of the local government system that so far as possible, issues of local policy and administration shall be decided at a local level and that Local Government Authorities shall co-operate with the central Government in adopting a policy of decentralisation in accordance with this Constitution.
No person or authority shall interfere with or compromise a Local Government Authority’s exercise of its powers, or ability or right to perform its functions, under this Constitution or an Act of the National Assembly.
205. Loans and grants
Subject to the provisions of this Constitution and with the approval of the Government, a Local Government Authority may, for the carrying out of its functions and services, borrow money or accept and use any grant or assistance as the National Assembly may prescribe.
An Act of the National Assembly shall provide for the conditions under which a Local Government Authority may exercise the power to borrow for the purpose of carrying out its functions.
PART III. ELECTION AND TERMS AND CONDITIONS OF APPOINTMENTS OF LOCAL GOVERNMENT AUTHORITIES
206. Election of members of Local Government Authorities
A Mayor, Mayoress and Chairperson of a Local Government Authority shall be elected by universal adult suffrage of all eligible voters in the Local Government area.
A Councilor shall be elected by universal adult suffrage of all eligible voters in a Ward.
No person shall be eligible to be elected under subsections (1) and (2) unless he or she is of high moral character and proven integrity.
Persons who are elected in accordance with subsections (1) and (2) shall-
act in a manner that is consistent with their duties and responsibilities; and
be collectively and individually accountable to the people in their wards and Local Government areas, for the performance of their functions.
An Act of the National Assembly shall provide for the qualifications and disqualifications for the office of Councilor, Mayor, Mayoress and Chairperson of a Local Government Authority.
207. Term of Local Government Authorities
Local government elections shall be held every five years.
208. Financial autonomy and accountability
Local Government Authorities shall have autonomy over their financial and development planning matters in relation to the areas they have jurisdiction over, and with respect to the discharge of their functions generally.
Local Government Authorities shall, in their financial and development planning matters, and in the discharge of their functions as referred to in subsection (1), take into account the policies and priorities of the Government with regard to the development of the country.
For purposes of development in any Local Government area, a Local Government Authority shall prepare comprehensive and integrated development plans which shall be published.
An Act of the National Assembly shall make provision-
requiring Local Government Authorities to draw up a comprehensive list of all their revenue sources and to maintain data and total potential collectable revenues;
prescribing financial control and accountability measures for compliance by all Local Government Authorities; and
imposing regular audit requirements and procedures for Local Government Authorities.
PART IV. OTHER OFFICES OF LOCAL GOVERNMENT AUTHORITIES (SEYFOS AND ALKALOS)
209. Institution and election or appointment of Seyfo and Alkalo
The institution of the office of Seyfo and Alkalo as recognised and established by customs and usages and the non-abolition of such offices is hereby guaranteed and preserved.
A Seyfo shall be elected by universal adult suffrage of all registered voters in the District, on a non-partisan basis.
An Alkalo shall be appointed by the Minister responsible for Local Government, in accordance with traditional lines of inheritance.
210. Prohibition from participation in partisan politics
Every Seyfo and Alkalo is responsible for maintaining social stability and cohesion in his or her community, and shall not participate in active party politics, or associate or affiliate with, any political party, or express any political views, in the performance of his or her duties.
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