Subject to the provisions of this section, an Act of the National Assembly may amend this Constitution.
This Constitution shall not be amended by an Act of the National Assembly or altered, whether directly or indirectly, unless-
the sole purpose of the Act is to amend this Constitution;
the amendment or alteration is carried out transparently and openly and the people have been-
duly informed about the proposed amendment or alteration and the objects and reasons for the amendment or alteration; and
given ample opportunity to express their opinions on the proposed amendment or alteration;
the amendment or alteration is necessary and in the best interest of the people of The Gambia; and
the Act is passed in accordance with this Chapter.
An Act of the National Assembly shall not amend, add to, repeal or in any other 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.
Subject to sections 100 (3) and 1387 (2) and (3), the National Assembly shall not have or exercise a power to amend the Constitution to extend the term of the President contrary to section 100 (2).
301. Amendment of entrenched provisions
This section applies to the amendment of the following provisions of this Constitution, which are in this Constitution referred to as “entrenched provisions”-
this Chapter;
sections 1, 2, 3 and 124 (2) (which relate to the Republic, sovereignty of The Gambia and the territory of The Gambia);
sections 6, 7, 8, 9 and 10 (which relate to the Constitution, as the supreme law of The Gambia, national values and good governance);
sections 13, 14 and 18 (4) (which relate to citizenship);
Chapter VI (which relates to the protection of fundamental rights and freedoms);
sections 73 (1) and (3) 79 and 82 except subsections (2) (g) and (6) thereof (which relate to elections, the Independent Boundaries and Electoral Commission and political parties);
sections 85, 88, Part III of Chapter VIII, 100, 101, 102, 103, 105, 106, 108 (1), 109, 114, 117, 118, and 121 (1) (which relate to election of President, qualifications for election of President, disqualifications for election of President, nomination of candidates, the term of office of President, the qualifications of Ministers, and the establishment and composition of Cabinet);
sections 124 (2) and (5), 129 (8), (9) and (10) and 213 (2) (which relate to the Director of Public Prosecutions, the independence of independent institutions and offices, including the Auditor-General, and The Gambia’s international relations);
sections 134 (1) and (2) , 135, 136, 137, 138, 142 and 151 (which relate to the National Assembly and the legislative power);
sections 170, 171, 172 (1) and (2), 173 (1) and (2), Part III of Chapter X except sections 180 (2) and (7), 182 (3), 185 (3) and sections 188 except subsection (3) and 192 (which relate to the Judiciary);
sections 202, 204 (3), 206, 207 and 209 (which relate to Local Government);
sections 222, 224 (1), 238 (1), 240 and 244 (which relate to the Office and powers of the Auditor General, taxation and the withdrawal of money from public funds);
sections 256, 257 and 258 (which relate to the Land, Environment and Natural Resources Commission and land holding by non-citizens);
section 263 (3) (which relates to the security of tenure of the Secretary General); and
Schedule 3 (which relates to transitional provisions).
A Bill for the amendment of an entrenched provision shall not be introduced into the National Assembly unless the Bill-
is published in the Gazette for a period of six months; and
complies with the requirements of section 300 (2) and (3).
After the Bill has been read the first time in the National Assembly, it shall not be proceeded with further unless-
the Bill is submitted by the Speaker to the Independent Boundaries and Electoral Commission for a referendum to be held throughout The Gambia;
at least fifty percent of the persons entitled to vote, voted at the referendum; and
at least seventy-five percent of the persons who voted cast their votes in favour of the passing of the Bill.
Where the Bill is approved at the referendum, the National Assembly shall pass it without any further amendment or other alteration.
Where a Bill has been passed by the National Assembly in accordance with this section, the President shall assent to it.
302. Amendment of non-entrenched provisions
A Bill to amend a provision of this Constitution which is not an entrenched provision shall not be introduced into the National Assembly unless-
it has been published twice in the Gazette, with the second publication being made at least three months after the first;
it complies with the requirements of section 300 (2) and (3); and
at least fourteen days have passed after the second publication.
Where the National Assembly approves the Bill, it may only be presented to the President for his assent if it was approved at the second and third readings in the National Assembly by the votes of not less than two-thirds of all the members of the National Assembly.
Subject to section 303, where the Bill has been passed in accordance with this section, the President shall assent to it.
303. Certificate of compliance with the Constitution
A Bill for the amendment or other alteration of this Constitution which has been passed in accordance with this Constitution, shall not be assented to by the President unless-
it is accompanied by a certificate from the Speaker that the provisions of this Constitution have been complied with; and
in the case of a Bill to amend an entrenched provision, it is accompanied by a certificate from the Independent Boundaries and Electoral Commission, signed by the Chairperson of the Commission and bearing the seal of the Commission, that the Bill was approved at a referendum in accordance with this Chapter.
304. Interpretation
In this Chapter—
references to this Constitution include references to any law that amends or replaces any of the provisions of this Constitution; and
references to the alteration of this Constitution include references to the amendment, modification or re-enactment 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.
Please check out our other thought-provoking articles if you did like this one:
