Gambia: Nams, Moj Drafters Equipped On Legal Drafting

11 December 2024

In a bid to strengthen the capacity of lawmakers and drafters on legal drafting, the International Institute for Democracy and Electoral Assistance (IDEA) in partnership with the National Assembly and Ministry of Justice last Friday convened a two-day session on legal drafting for lawmakers and Ministry of Justice officials.

The two-day capacity building forum held at Bakadaji Hotel was being funded by the European Union (EU) and seeks to strengthen the capacity of lawmakers and drafters to effectively translate policy objectives into legally enforceable provisions to enhance the overall policymaking process.

This, they believe would ensure that proposed laws align with constitutional requirements and national goals.

Welcoming the gathering, Jainaba Faye, Country Representative of International IDEA, explained that the capacity building forum would exposed drafters through valuable insights into areas relating to ensure legal clarity and precision in drafting, ensuring that every word, clause, and provision has a specific meaning and is free from ambiguity.

The training, she added, would also go further to create an understanding of how new legislation should fit within existing legal frameworks, ensuring that there are no conflicts or contradictions with previous laws.

She described the training as a coherence that will reduces the risk of legal challenges and creates a more predictable legal environment, further calling on partners, governments and other institutions to invest in training drafters to ensure that the laws they create are not only effective but also equitable.

Kalipha MM. Mbye, deputy Clerk Legal and Procedural Matters at the National Assembly, acknowledged the relevance and timeliness of the training, emphasizing that the government needs legislation to govern, but that the society also needs user-friendly and progressively drafted legislation to co-daily live with the law.

He reminded that in ensuring that such a legislation becomes a reality, parliamentary Councils have a vital role to play.

"It is a role that starts with the conception, drafting and the birth of an active Parliament. It is your primary function as Councils or drafters, to express legislative policy in statutory language, free from ambiguity, of course transforming government policy into law.'

In the performance of such functions as drafters, he said, they are expected to ensure that the government policies are given legal effect, essentially.

Hussein Thomasi, Solicitor General, Ministry of Justice pointed out that, legislative drafting is a cornerstone of good governance, as it provides the framework through which policies are implemented and the rule of law is upheld.

He observed that the previous training conducted by Professor Cheadle provided participants with new insights, tools, and approaches in drafting laws that are clear, precise, and responsive to the needs of the country.

"Those who participated in that session can attest to how it has enhanced their capacity to review and produce higher-quality legislation. The training has created an opportunity not only to learn from the expertise of Professor Cheadle but an avenue to share experiences and foster stronger cooperation between the legislative and executive branches in the drafting process."

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