THE LOCAL GOVERNMENT ACT IN LIMBO

DEFYING THE RULE OF LAW

Foroyaa promised to provide the Attorney General with solid evidence that
the APRC regime is showing total disregard to the rule of law even though it
has people seeking to replace it who are constantly pointing out where it
has erred.

First and foremost, the constitution calls for the establishment of local
administration based on a system of democratically elected councils with
high degree of local autonomy.

This means that issues of local policy and administration should be decided
at local level.

The Local Government Act spells out the functions of the members of the
councils, which the executive is honouring with total disregard. Suffice it
to say, the act prescribes what should be done and now that is being
honoured with disregard.

Section 175 of the Act repealed the Local Government City of Banjul Act, the
Kanifing Municipal Council Act, and the Provinces Act.

Section 127 of the Local Government Act 2002 states that

" Subject to this act or any other enactment, every Council shall have
autonomy over its financial matters."

Section 130 added that

" Subject to the provisions of this act, the financial affairs of a council
shall be regulated in accordance with a local government (finance and audit)
law to be enacted by the National Assembly."

The financial provisions of the previous local government acts were
repealed. This was pointed out to the National Assembly by the members of
the minority. They were asked how the councils’ financial affairs are to be
regulated prior to the enactment of a Financial and Audit Act. The majority
was so much in a haste to pass the bill that they ignored the observations
of the minority.

Almost a year has elapsed since the elected councillors took office but is
still without a law to regulate their finances.

Section 24 of the constitution states that

"The emolument of a Chairperson shall be determined by an Act of the
National Assembly."

The Attorney General should be informed that the Chairpersons of the various
councils are receiving salaries and allowances without any act of the
National Assembly providing for their income.

Secondly, according to section 42 subsection 2

" A chief executive shall be appointed by a local government service
commission after consultation with the chairperson…"

Section 44 also adds that

" There shall be a clerk of each council who shall be appointed by the local
government service commission."

Under section 118 there shall be a local government service commission for
each council.

Feet are still dragging in establishing such commissions even though
appointments are taking place.

In order to safeguard the autonomy of council’s section 48 of the act stated
that

" Subject to the provisions of this act and any other enactment, a council
shall (a) exercise all political and executive powers and functions."

Suffice it to say, under section 15

"A chairperson shall be the political head of the local government area and
shall supervise the general administration of the area."

In simple terms, commissioners and other area administrators are simply to
look after the affairs of departments of the central government in divisions
and should not interfere with the operation of councils.

This is clearly stated in section 124 of the act.

First and foremost, section 123 stated that " There shall be an area
administrator for each local government area who shall be a senior civil
servant appointed by the President.

Section 124 adds that

" The area administrator shall represent the President and the central
government in the local government area, coordinate the administration of
central government services in the area; (c) advise the chairperson on
matters of a national nature that may affect the area or its plans or
programmes and particularly the relationship between the council and the
central government."

Hence the role of the area administrator is advisory.

In fact, section 126 adds that

" The council may petition the appointing authority for the removal of an
area administrator or deputy administrator should they consider his/her
performances to be deficient."

In actual fact, commissioners still maintain the posture of being political
heads of divisions. They coordinate aid to the local government area and
carry out the executive functions of the chairperson.

To add insult to injury the executive has overused their mandate and had the
audacity to remove a chairperson of a council.

Section 20 of the act states categorically that

" A chairperson may be removed from office by a council by a resolution
supported by two thirds of all the members of the council on any of the
following grounds:

a- Abuse of office

b- Corruption

c- Misconduct

d- such physical or mental incapacity as would render him/her incapable of
discharging the duties of the office."

First and foremost, if the removal is based on abuse of office, corruption
or misconduct a notice in writing by no less than two thirds of all the
members of the council shall be submitted to the deputy chairperson stating
the intention and grounds of the removal.

The deputy chairperson must transmit the message to the chairperson, the
Chief Justice and the Secretary of State. Within seven days after the
receipt of the notice the Chief Justice should establish a tribunal
comprising high court judges to investigate the allegations.

If the tribunal finds the allegations to be founded the chairperson shall
cease to hold office.

Today, there are talks of dismissals and reinstatements of the chairperson
of the Brikama Area Council precisely because of the unconstitutional action
of the executive to keep the office vacant by executive might. We can go on
and on to show that the Gambian executive is yet to be cultured in
Republican ethics. It is still monarchically inclined and is showing little
respect for the laws that should govern local government administration in
particular and civil liberties in general as clearly manifested by
detentions for over 72 hours without trial. This is no time to defend the
‘indefensible’. It is time to redress the repugnant and banish the culture
of impunity.

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