Some aspects of the Local Government Act 2002
The local Government Act 2002, that was recently passed by The National Assembly and, I understand, assented to by the President is an Act that has not been widely circulated for people to debate. The following article by Mr. Alieu F. Sagnia of The Gambia Daily is the only article that I have seen that has attempted to shed some light on it. I hope the full Act is published in the not too distant future for all to know about what it actually means. In the mean time, here is Mr. Sagnia’s piece.
Mr. Owens, I would appreciate your interim thoughts as to how much it differs with the previous Local Government Act that it has replaced.
Have a good day, Gassa.
According to the new Local Government Act 2002, the chairpersons of the BCC and KMC would be called mayors. The Act makes provision for the creation of new local government authorities in the seven areas of the city of Banjul, Kanifing municipality, CRD, LRD, URD and WD.
The councils may remove a mayor or chairperson from office by a resolution supported by two thirds of councillors, for abuse of office, corruption, misconduct, physical or mental incapacity.
The National Assembly will determine the emoluments of the chairpersons and the Secretary of State for Local Government shall by regulation determine allowances and any other benefits paid to council members.
A person shall not be eligible for election to council for more than three terms of office or nominated for more than two consecutive terms.
A councillor can hold office for a four-year term and is eligible for re-election. But a council member who absents himself from three consecutive ordinary meetings of the council without the chairperson or mayor’s permission shall cease to be a council member.
A meeting of the council shall be convened at least once in every month by the chairperson or mayor, and at such times as the council may prescribe. Decisions of the council shall be by simple majority of elected members present and voting. The chairperson shall have a casting vote in a tie. Nominated members of the council shall not have the right to vote at council meetings.
Two thirds of council members shall be a quorum, and council meetings other than committee meetings shall be open to the public. Also copies of the minutes of council meetings shall be open for inspection members of the public.
Chief Executive
Regarding the administration, there shall be a Chief Executive appointed by the Local Government Service Commission after consultation with the chairperson. The Chief executive shall manage the affairs of the council and be answerable to the council and be subject to its direction and control.
The Chief Executive shall in the exercise of his or her functions report to the Chairperson. The Chief Executive shall be an ex-officio member of council committees; be responsible for the day-to-day performance of executive and administrative functions and to implement council decisions.
Also to supervise, monitor and co-ordinate activities of the departments of council and ensure accountability and transparency in the management and delivery of council services.
The departments of the council shall include Finance, Services, Planning and Development and Administration.
The Chief Executive shall be the accounting officer of the council; and the custodian of all documents and records of the council.
Also there will be a clerk of each area council appointed by the Local Government Service Commission, who will take minutes, keep records and organize meetings of the council.
The council could ask the Local Government Service Commission to remove the Chief Executive or clerk for abuse of office, incompetence, misconduct, physical or mental incapacity.
Powers and functions
A council shall within the area of its jurisdiction exercise all political and executive powers and functions; provide services as it deems fit; promote on a sound basis community development and self-help; have power to perform such functions as necessary to facilitate, or are conducive or incidental to the discharge of its functions; protect the constitution and other laws of The Gambia and promote democratic governance; and ensure implementation and compliance with Government policies.
The council will have the powers to make laws not inconsistent with the Constitution and other laws passed by the National Assembly. Local bills or byelaws will be signed by the Chairperson or Mayor.
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