11 January 2018

Gambia: Could a Convict Be Elected to Public Office?

The first elected office is that of the President. The Constitution came into force on 16 January 1997. Section 62 subsection (3) of the Constitution states:

"(3) A person who, while holding public office in The Gambia -

(b) has been found guilty of any criminal offence by any court or tribunal established by law; or

(c) has been found liable for misconduct, negligence, corruption or improper behaviour by any commission or committee of inquiry established by law shall not be qualified for election as President."

In the case of the National Assembly section 90(1) of the Constitution stipulates:

"(1) No person is qualified for election as a member of the National Assembly if he or she -

... . (c) is under sentence of death imposed on him or her by any court, or is serving, or within five years of his or her nomination for election completed serving, a sentence of imprisonment for a term exceeding six months imposed on him or her by a court or substituted by competent authority for some other sentence imposed on him or her by a court, and has not received a free pardon."

Regarding mayors, mayoresses, chairpersons and councillors section 17 subsection (3) of the Local Government Act states:

"A person shall not qualify to be elected or nominated as a member of a Council if he or she -

... . (b) has been sentenced to death or imprisonment for an offence involving fraud, dishonesty or violence or has been convicted of an offence relating to or connected with elections under any enactment in force in The Gambia at the time... ."

Gambia

Gambian President Warns Officials Against Corruption

Gambian President Adama Barrow Saturday warned his administration against all forms of corrupt practices that could… Read more »

Copyright © 2018 FOROYAA Newspaper. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 600 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.