10 April 2018

Gambia: Can the President Remove a Councillor or Chairperson From Office?

During the last session of the National Assembly, the Assembly passed a bill repealing subsection (14) of section 20 of the Local Government Act which empowers the President to remove a Mayor, Chairperson or councillor from office. But even if this Bill is assented to by the President and becomes law it does not remove the power of the President to remove a Mayor, Chairperson or councillor from office.

After completion of an investigation upon allegation of abuse of office or misconduct, etc., the minister of lands and regional government shall submit its report to the President.

According to subsection (7) of section 20 of the Local Government Act which is not proposed to be repealed,

"If the President determines that there is a prima facie case for the removal of the Chairperson, Deputy Chairperson or other member of the Council as the case may be under subsection (1), other than under paragraph (d), the Chairperson, Deputy Chairperson or other member of the Council as the case may be shall cease to hold office."

So the President still has power to remove a councillor, Chairperson or Mayor from office.

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