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 Section 175 of the Act repealed the Local Government City of Banjul Act, the Kanifing Municipal Council Act, and the Provinces Act.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 The financial provisions of the previous local government acts were repealed.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. _________________________________________________________________ Create your own personal Web page with the info you use most, at My MSN. http://click.atdmt.com/AVE/go/onm00200364ave/direct/01/ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~