The Gambia Independence Order 1965

• Citation: S.I. 1965/135
• Sections: 129

Section 1 Citation, commencement and construction

(1) This Order may be cited as the Gambia Independence Order 1965.

(2) This Order shall come into operation immediately before 18th February 1965:

Provided that where the Governor-General has power by or under this Order to make any appointment or make any order (other than an order under section 4(3) of this Order relating to any Act of the Parliament of the United Kingdom or any Order of Her Majesty in Council) or to do any other thing for the purposes of this Order, that power may be exercised by the Governor and Commander-in-Chief of the Colony and Protectorate of The Gambia at any time after 4th February 1965 to such extent as may, in his opinion, be necessary or expedient to enable the Constitution of The Gambia established by this Order and set out in Schedule 3 to this Order to function as from 18th February 1965.

(3) Save where the context otherwise requires, expressions used in sections 1 to 15 (inclusive) of this Order have the same meaning as in the said Constitution and the provisions of section 116 of that Constitution shall apply for the purpose of interpreting those sections as they apply for the purpose of interpreting that Constitution.

(4) References in Chapter VII of the said Constitution to any question as to the interpretation of that Constitution shall be construed as including references to any question as to the interpretation of this Order.

Section 2 Revocation

The Orders in Council specified in Schedule 1 to this Order (hereinafter referred to as “ the existing Orders ”) are revoked .

Section 3 Establishment of Constitution

Subject to the provisions of this Order, the Constitution set out in Schedule 3 to this Order (hereinafter referred to as “ the Constitution ”) shall come into effect in The Gambia at the commencement of this Order.

Section 4 Existing laws

(1) The existing laws shall, as from the commencement of this Order, be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Gambia Independence Act 1964 and this Order.

(2) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before the commencement of this Order by or under the existing Orders, that prescription or provision shall, as from the commencement of this Order, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Gambia Independence Act 1964 and this Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

(3) The Governor-General may by order made at any time before 18th February 1966 make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Gambia Independence Act 1964 and this Order or otherwise for giving effect or enabling effect to be given to those provisions.

(4) The provisions of this section shall be without prejudice to any powers conferred by this Order or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

(5) For the purposes of this section, the expression “ existing law ” means any Ordinance, law, rule, regulation, order or other instrument made in pursuance of (or continuing in operation under) the existing Orders, and having effect as part of the law of The Gambia or of any part thereof immediately before the commencement of this Order or any Act of the Parliament of the United Kingdom or Order of Her Majesty in Council so having effect .

Section 5 Existing officers

(1) Where any office has been established by or under the existing Orders or any existing law and the Constitution establishes or provides for the establishment of a similar or an equivalent office, any person who, immediately before the commencement of this Order, holds or is acting in the former office shall, so far as is consistent with the provisions of the Constitution, be deemed as from the commencement of this Order to have been appointed, elected or otherwise selected to or to act in the latter office in accordance with the provisions of the Constitution:

Provided that any person who under the existing Orders or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or on the attainment of that age.

(2) Any person who, by virtue of this section, is deemed as from the commencement of this Order to have been appointed, elected or otherwise selected to hold or act in any office shall also be deemed to have taken and subscribed any necessary oath under the Constitution.

(3)

(a) The person who holds the office of Deputy Governor on 17th February 1965 shall be entitled to the leave, beginning on 18th February 1965, for which, under the terms of service applicable to him on 17th February 1965, he is then eligible and to any additional leave for which he is eligible under the law with respect to pensions benefits in respect of his service as a public officer, and while on such leave shall be regarded as still holding an office in the public service:

Provided that, if the said person is charged, as from 18th February 1965, with the performance of special duties in respect of the government of The Gambia, then—

(i) he shall, during the period for which he is so charged, be regarded as still holding an office in the public service; and

(ii) the leave to which he is entitled under this subsection shall include the leave for which, under the terms of service aforesaid, he is eligible in respect of that period and shall begin at the expiration of that period.

(b) In this subsection “ pensions benefits ” has the meaning assigned to that expression in section 112 of the Constitution .

(4) A person who is a member of the Public Service Commission established by the existing Orders may, notwithstanding that, by reason of his having held or been nominated for election to any office before 18th February 1965, he is disqualified to be appointed as a member of the Public Service Commission established by the Constitution, continue in office under this section as a member of that Commission and be re-appointed thereto upon the expiration of his term of office.

(5) The provisions of this section shall be without prejudice to the provisions of section 6 of this Order.

(6) In this section“ existing law ” means such a law as is referred to in section 4(5) of this Order .

Section 6 Parliament

(1) The House of Representatives constituted by the existing Orders (hereinafter referred to as “ the existing House of Representatives ” ) shall be the House of Representatives during the period beginning with the commencement of this Order and ending with the first dissolution of Parliament thereafter .

(2) The electoral districts established immediately before the commencement of this Order in pursuance of section 37(d) of the Gambia (Constitution) Order in Council 1962 for the purposes of elections of the elected members of the existing House of Representatives referred to in paragraphs (a) and (b) of section 28(2) of that Order shall be deemed as from the commencement of this Order and until other provision is made in that behalf in accordance with this Order to be the constituencies into which The Gambia is divided in pursuance of section 38 of the Constitution; and the persons who, immediately before the commencement of this Order, are the elected members of the existing House of Representatives representing those electoral districts shall be deemed as from the commencement of this Order to have been elected to the House of Representatives in accordance with the provisions of this Order as the elected members representing the respective constituencies corresponding to those electoral districts and shall hold their seats in the House of Representatives in accordance with those provisions.

(3) The registers of voters having effect immediately before the commencement of this Order for the purposes of elections of the elected members of the existing House of Representatives referred to in paragraphs (a) and (b) of section 28(2) of the Gambia (Constitution) Order in Council 1962 shall, as from the commencement of this Order, have effect as if they had been compiled in pursuance of this Order.

(4) The persons who, immediately before the commencement of this Order, are the elected members of the existing House of Representatives referred to in section 28(2)(c) of the Gambia (Constitution) Order in Council 1962 and the persons who, immediately before the commencement of this Order, are the nominated members of the existing House of Representatives shall, as from the commencement of this Order, be deemed respectively to have been elected or, as the case may be, appointed as the Chiefs' representative members and the nominated members of the House of Representatives in accordance with the provisions of this Order and shall hold their seats in the House of Representatives in accordance with those provisions.

(5) The person who, immediately before the commencement of this Order, is the Speaker of the existing House of Representatives shall be deemed as from the commencement of this Order to have been elected as Speaker of the House of Representatives in accordance with the provisions of this Order and shall hold office in accordance with those provisions.

(6) Until Parliament otherwise provides, any person who holds or acts in any office the holding of which would, under the existing Orders, have disqualified him for membership of the existing House of Representatives shall be disqualified to be nominated for election as a voting member or appointed as a nominated member of the House of Representatives as though provision in that behalf had been made in pursuance of section 35(6) of the Constitution.

(7) The Standing Orders of the existing House of Representatives as in force immediately before the commencement of this Order shall, until it is otherwise provided by the House of Representatives under section 58(1) of the Constitution, be the Standing Orders of the House but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Order.

(8) Subject to the provisions of sections 60 and 61 of the Constitution, Parliament shall, unless sooner dissolved, stand dissolved on the date on which the existing House of Representatives would have been required by the existing Orders to be dissolved.

(9) The Governor-General may, at any time after the commencement of this Order, appoint a Constituency Boundaries Commission in accordance with the provisions of the Constitution to review the boundaries of the constituencies into which The Gambia is divided and he shall in any event appoint such a Commission for that purpose in time to enable it to complete such a review and to make any order that may be consequential thereon before the date specified in subsection (8) of this section.

(10) The Commission that is appointed in pursuance of subsection (9) of this section shall be deemed to have been appointed in the circumstances specified in section 38(3)(c) of the Constitution.

(11) Any person who, by virtue of this section, is deemed as from the commencement of this Order to have been elected as Speaker or any other member of the House of Representatives shall be deemed to have taken and subscribed any necessary oath under the Constitution.

Section 7 Transitional provisions relating to Attorney-General and Director of Public Prosecutions

(1) Notwithstanding the provisions of section 64 of the Constitution, until Parliament or, subject to the provisions of any Act of Parliament, the Governor-General, acting in accordance with the advice of the Prime Minister, otherwise provides, the office of Attorney-General shall be a public office.

(2) Notwithstanding the provisions of section 76(1) of the Constitution, no appointment shall be made to the office of Director of Public Prosecutions so long as the office of Attorney-General remains a public office.

(3) So long as the office of Attorney-General remains a public office subsections (3) and (4) of section 64 of the Constitution shall not have effect and, subject to the provisions of subsection (4) of this section, the following provisions of the Constitution shall have effect as if references therein to the Director of Public Prosecutions were references to the Attorney-General, that is to say, sections 55, 76 (other than subsection (1) thereof), 85(5), 106(3)(b), 107, 113(3) and 116(7)(a).

(4) In their application, by virtue of this section, in relation to the Attorney-General, subsections (1) and (2) of section 107 of the Constitution shall have effect as if references therein to the Public Service Commission were references to the Prime Minister:

Provided that, before tendering advice to the Governor-General for the purposes of the said subsection (1) or subsection (2), the Prime Minister shall consult the Public Service Commission.

(5) Until Parliament otherwise provides, the Attorney-General shall, so long as his office remains a public office, be an ex officio member of the House of Representatives but he shall not be entitled to vote therein.

(6) When the office of Attorney-General ceases to be a public office, the person who immediately prior thereto held that office shall, for the purposes of any law with respect to pensions benefits (which expression shall in this section have the meaning attributed to it in section 112 of the Constitution), be entitled to be treated as if his office had been abolished.

(7) In relation to the appointment of any person, at any time before 18th February 1970, in exercise of the powers conferred by subsection (1) or subsection (2) of section 107 of the Constitution and in relation to any person who has been so appointed, the reference in subsection (3) of the said section 107 to a period of seven years shall be construed as if it were a reference to a period of five years:

Provided that this subsection shall not have effect in relation to the appointment of any person in any case in which, by virtue of subsection (4) of this section, the said powers are exercisable by the Governor-General, acting in accordance with the advice of the Prime Minister, unless the Public Service Commission concurs in its having effect in relation to that appointment.

Section 8 Emergency Powers Orders in Council 1939 to 1964

The Emergency Powers Orders in Council 1939 to 1964 shall cease to have effect as part of the law of The Gambia on 18th August 1966 or such earlier date as Parliament may prescribe:

Provided that sections 6(2)(d) and 8 of the Emergency Powers Order in Council 1939 shall cease to have effect as part of the law of The Gambia as from the commencement of this Order.

Section 9 Appeals in respect of certain decisions affecting pensions benefits

(1) The provisions of this section shall have effect for the purpose of enabling an officer to whom this section applies or his personal representatives to appeal against any of the following decisions, that is to say:—

(a) a decision of the Public Service Commission to give such concurrence as is required by section 113(1) or section 113(2) of the Constitution in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of such an officer's service as a public officer;

(b) a decision of any authority to remove such an officer from office if the consequence of the removal is that any pensions benefits cannot be granted in respect of the officer's service as a public officer; or

(c) a decision of any authority to take some other disciplinary action in relation to such an officer if the consequence of the action is, or in the opinion of the authority might be, to reduce the amount of any pensions benefits that may be granted in respect of the officer's service as a public officer.

(2) Where any such decision as is referred to in subsection (1) of this section is taken by any authority, the authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the authority for the case to be referred to an Appeals Board.

(3) If application is duly made within the time stated in the notice, the authority shall notify the Prime Minister in writing of that application and the Prime Minister shall thereupon appoint an Appeals Board consisting of—

(a) one member selected by the Prime Minister;

(b) one member selected by an association representative of public officers or a professional body, nominated in either case by the applicant; and

(c) one member selected by the two other members jointly (or, in default of agreement between those members, by the Judicial Service Commission) who shall be the Chairman of the Board.

(4) The Appeals Board shall enquire into the facts of the case, and for that purpose—

(a) shall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing;

(b) may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and

(c) shall have access to, and shall consider, all documents that were available to the authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the authority.

(5) When the Appeals Board has completed its consideration of the case, then—

(a) if the decision that is the subject of the reference to the Board is such a decision as is mentioned in paragraph ( a ) of subsection (1) of this section, the Board shall advise the Public Service Commission whether the decision should be affirmed, reversed or modified and the Commission shall act in accordance with that advice; and

(b) if the decision that is the subject of the reference to the Board is such a decision as is referred to in paragraph ( b ) or paragraph ( c ) of subsection (1) of this section, the Board shall not have power to advise the authority concerned to affirm, reverse or modify the decision but—

(i) where the officer has been removed from office the Board may direct that there shall be granted all or any part of the pensions benefits that, under any law, might have been granted in respect of his service as a public officer if he had retired voluntarily at the date of his removal and may direct that any law with respect to pensions benefits shall in any other respect that the Board may specify have effect as if he had so retired; and

(ii) where some other disciplinary action has been taken in relation to the officer the Board may direct that, on the grant of any pensions benefits under any law in respect of the officer's service as a public officer, those benefits shall be increased by such amount or shall be calculated in such manner as the Board may specify in order to offset all or any part of the reduction in the amount of those benefits that, in the opinion of the Board, would or might otherwise be a consequence of the disciplinary action,

and any direction given by the Board under this paragraph shall be complied with notwithstanding the provisions of any other law.

(6) In this section—

“ pensions benefits ” has the meaning assigned to that expression in section 112 of the Constitution ; and

“ legal representative ” means a person entitled to practise as a barrister or as a solicitor in The Gambia .

(7) This section applies to any officer who is the holder of a pensionable office and who is designated under the Overseas Service Aid Scheme.

Section 10 Compulsory retirement to facilitate appointment of local candidates

(1) If the Prime Minister so requests, the authorities having power to make appointments in any branch of the public service shall consider whether there are more local candidates suitably qualified for appointment to, or promotion in, that branch than there are vacancies in that branch that could appropriately be filled by such local candidates; those authorities, if satisfied that such is the case, shall, if so requested by the Prime Minister, select officers in that branch to whom this section applies and whose retirement would, in the opinion of those authorities, cause vacancies that could appropriately be filled by such suitably qualified local candidates as are available and fit for appointment and inform the Prime Minister of the number of officers so selected; if the Prime Minister specifies a number of officers to be called upon to retire (not exceeding the number of officers so selected), those authorities shall nominate that number of officers from among the officers so selected and require them by notice in writing to retire from the public service; and any officer who is so required to retire shall retire accordingly.

(2) Any notice given under subsection (1) of this section requiring any officer to retire from the public service shall—

(a) in the case of an officer who, when he receives the notice, is on leave of absence upon the completion of a tour of duty, specify the date on which he shall so retire which shall be not earlier than the expiration of six months from the date when he receives the notice or, if his leave of absence would otherwise expire later, not earlier than when it would otherwise expire; and

(b) in the case of any other officer, specify the period, which shall be not less than six months from the date when he receives the notice, at the expiration of which he shall proceed upon leave of absence pending retirement:

Provided that the officer may agree to the notice specifying an earlier date or, as the case may be, a shorter period.

(3) This section applies to any officer who holds a pensionable office and—

(a) is designated under the Overseas Service Aid Scheme; or

(b) is an overseas officer who, after the commencement of this Order, is appointed to any public office (otherwise than on promotion or transfer from another public office) and who is notified at the time of his appointment that this section will apply to him.

(4) In this section “ overseas officer ” means an officer in the public service who is, either individually or as a member of a class, declared by the appropriate Commission to be an overseas officer , and “ the appropriate Commission ” means —

(a) in relation to an officer who can be removed from office by the Judicial Service Commission, that Commission; and

(b) in any other case, the Public Service Commission.

Section 11 Transitional provisions relating to functions of existing public service authorities

(1) Any power that, immediately before the commencement of this Order, is vested in an existing public service authority (that is to say, the Governor, acting on the advice of the Public Service Commission established by the existing Orders, or the Commissioner of Police) and that, under the existing Orders is then delegated to some other person or authority shall, as from the commencement of this Order and so far as is consistent with the provisions of the Constitution, be deemed to have been delegated to such person or authority in accordance with those provisions.

(2) Any matter that, immediately before the commencement of this Order, is pending before an existing public service authority shall, so far as is consistent with the provisions of the Constitution, be continued before the corresponding public service authority established by the Constitution, and any matter that, immediately before the commencement of this Order, is pending before a person or authority to whom power to deal with that matter has been delegated by an existing public service authority shall, so far as is consistent with the provisions of the Constitution, be continued before the person or authority to whom that power was delegated:

Provided that, where the hearing of a disciplinary proceeding has begun but has not been completed immediately before the commencement of this Order, the continued hearing shall not be held before any person unless the hearing that has already taken place was also held before him; and where, by virtue of this proviso, the hearing cannot be continued it shall be re-commenced.

Section 12 Legal proceedings

(1) All proceedings that, immediately before the commencement of this Order, are pending before any court established by or under the existing Orders or by or under any law continuing in operation under the existing Orders may be continued and concluded after the commencement of this Order before the corresponding court established by this Order or by or under an existing law.

(2) Subject to the provisions of section 13(3) of this Order, any decision given before the commencement of this Order by any such court as aforesaid shall, for the purpose of its enforcement or for the purpose of any appeal therefrom, have effect after the commencement of this Order as if it were a decision of the corresponding court established by this Order or by or under an existing law.

(3) In this section “ existing law ” means such a law as is referred to in section 4(5) of this Order .

Section 13 Appeals to Her Majesty in Council and to Judicial Committee

(1) Subject to the provisions of subsection (3) of this section, no appeal shall lie to Her Majesty in Council, whether as of right or by leave either of Her Majesty in Council or of any court established for The Gambia, from any decision given in any civil or criminal matter by any such court.

(2) The Judicial Committee shall have and exercise the jurisdiction in respect of appeals from the Court of Appeal and in respect of proceedings concerning judges of the Court of Appeal and of the Supreme Court that, in the law of The Gambia, is conferred on the Committee by Chapter VII of the Constitution, and the provisions of the Judicial Committee Act 1833 and of any rules made thereunder from time to time shall, in so far as they relate to the powers of the Committee and the procedure to be adopted with respect to proceedings before the Committee, apply in relation to proceedings before the Committee under the said Chapter VII and for that purpose shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary by reason of the nature of those proceedings or otherwise to bring them into conformity with the provisions of this Order.

(3) Any appeal or petition for special leave to appeal to Her Majesty in Council from a decision given by the Court of Appeal established by the existing Orders, being an appeal or a petition that is pending immediately before the commencement of this Order and—

(a) in the case of an appeal, is one in which the records have been registered in the Office of the Privy Council before the commencement of this Order; or

Section 1 Persons who become citizens on 18th February 1965

(1) Every person who, having been born in The Gambia, is on 17th February 1965 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of The Gambia on 18th February 1965:

Provided that a person shall not become a citizen of The Gambia by virtue of this subsection if neither of his parents nor any of his grandparents was born in The Gambia.

(2) Every person who, on 17th February 1965, is a citizen of the United Kingdom and Colonies—

(a) having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalised in The Gambia as a British subject before that Act came into force; or

(b) having become such a citizen by virtue of his having been naturalised or registered in The Gambia under that Act,

shall become a citizen of The Gambia on 18th February 1965.

(3) Every person who, having been born outside The Gambia, is on 17th February 1965 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of The Gambia by virtue of subsection (1) or subsection (2) of this section, become a citizen of The Gambia on 18th February 1965.

Section 2 Persons entitled to be registered as citizens by virtue of connection with The Gambia before 18th February 1965

(1) Any person who, but for the proviso to subsection (1) of section 1 of this Constitution, would be a citizen of The Gambia by virtue of that subsection shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of The Gambia:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by his parent or guardian.

(2) Any woman who, on 17th February 1965, has been married to a person—

(a) who becomes a citizen of The Gambia by virtue of section of this Constitution; or

(b) who, having died before 18th February 1965, would, but for his death, have become a citizen of The Gambia by virtue of that section

but whose marriage has been terminated by death or dissolution before 18th February 1965 shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of The Gambia.

(3) Any woman who, on 17th February 1965, has been married to a person who becomes, or would but for his death have become, entitled to be registered as a citizen of The Gambia under subsection (1) of this section but whose marriage has been terminated by death or dissolution before 18th February 1965 or is so terminated on or after that date but before 18th February 1967 and before that person exercises his right to be registered as a citizen of The Gambia under subsection (1) of this section, shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of The Gambia.

(4) In this section “ the specified date ” means —

(a) in relation to a person to whom subsection (1) of this section refers, 18th February 1967; and

(b) in relation to a woman to whom subsection (3) of this section refers, 18th February 1967 or the expiration of a period of two years commencing with the termination of her marriage (whichever is the later),

or such later date as may in any particular case be prescribed by or under an Act of Parliament .

Section 3 Persons born in The Gambia after 17th February 1965

Every person born in The Gambia after 17th February 1965 shall become a citizen of The Gambia at the date of his birth:

Provided that a person shall not become a citizen of The Gambia by virtue of this section if at the time of his birth—

(a) neither of his parents is a citizen of The Gambia and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to The Gambia; or

(b) his father is a citizen of a country with which The Gambia is at war and the birth occurs in a place then under occupation by that country.

Section 4 Persons born outside The Gambia after 17th February 1965

A person born outside The Gambia after 17th February 1965 shall become a citizen of The Gambia at the date of his birth if, at that date, his father is a citizen of The Gambia otherwise than by virtue of this section or section 1(3) of this Constitution.

Section 5 Marriage to citizen of The Gambia

Any woman who is married to a citizen of The Gambia or who has been married to a man who was, during the subsistence of the marriage, a citizen of The Gambia shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of The Gambia.

Section 6 Commonwealth citizenship

(1) Every person who, under this Constitution or any Act of Parliament, is a citizen of The Gambia or who, under any enactment for the time being in force in any country to which this section applies, is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

(2) Every person who is a British subject without citizenship under the British Nationality Act 1948, or who continues to be a British subject under section 2 of that Act, shall, by virtue of that status, have the status of a Commonwealth citizen.

(3) Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and Colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia, Nigeria, the Republic of Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia and Southern Rhodesia.

Section 7 Powers of Parliament

(1) Parliament may make provision for the acquisition of citizenship of The Gambia by persons who are not eligible or who are no longer eligible to become citizens of The Gambia under the provisions of this Chapter.

(2) Parliament may make provision authorising the Minister to deprive of his citizenship of The Gambia any person who is a citizen of The Gambia otherwise than by virtue of section 1, section 3 or section 4 of this Constitution.

(3) Parliament may make provision for the renunciation by any person of his citizenship of The Gambia.

Section 8 Deprivation of citizenship on acquisition or exercise of rights of other citizenship

(1) If the Minister is satisfied that any citizen of The Gambia has at any time after 17th February 1965 acquired by registration naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country other than The Gambia, the Minister may by order deprive that person of his citizenship.

(2) If the Minister is satisfied that any citizen of The Gambia has at any time after 17th February 1965 voluntarily claimed and exercised in a country other than The Gambia any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Minister may by order deprive that person of his citizenship.

Section 9 Procedure for deprivation of citizenship

(1) Before any order is made under section 8 of this Constitution or under a law made in pursuance of section 7(2) of this Constitution depriving a person of his citizenship of The Gambia, the Minister shall give that person notice in writing informing him of the ground on which the order is proposed to be made and of his right to have his case referred to a committee of enquiry.

(2) If any person to whom notice is given applies to have his case referred to a committee of enquiry the Minister shall, and in any other case the Minister may, refer the case to a committee of enquiry which he shall appoint for that purpose and which shall consist of a chairman who shall be selected by the Chief Justice from among persons who are entitled to practise as a barrister or a solicitor in The Gambia and two other members who shall be selected by the Minister.

(3) Where any case is referred to a committee under this section the committee shall hold an enquiry in such manner as the Minister may direct and submit its report to the Minister; and the Minister shall have regard to the report in determining whether to make order but shall not be obliged to act in accordance with recommendation contained in the report.

Section 10 Interpretation

(1) In this Chapter—

“ British protected person ” means a person who is a British protected person for the purposes of the British Nationality Act 1948 ; and

“ the Minister ” means the Minister who is for the time being responsible for matters relating to citizenship of The Gambia .

(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 18th February 1965 and the birth occurred after 17th February 1965 the national status that the father would have had if he had died on 18th February 1965 shall be deemed to be his national status at the time of his death.

Section 11 Fundamental rights and freedoms

Whereas every person in The Gambia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—

(a) life, liberty, security of the person and the protection of the law;

(b) freedom of conscience, of expression and of assembly and association; and

(c) protection for the privacy of his home and other property and from deprivation of property without compensation,

the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.

Section 12 Protection of right to life

(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of The Gambia of which he has been convicted.

(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case—

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

Section 13 Protection right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say:—

(a) in execution of the sentence or order of a court, whether established for The Gambia or some other country, in respect of a criminal offence of which he has been convicted;

(b) in execution of the order of the Supreme Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal;

(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of The Gambia;

(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing the unlawful entry of that person into The Gambia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from The Gambia or for the purpose of restricting that person while he is being conveyed through The Gambia in the course of his extradition or removal as a convicted prisoner from one country to another; or

(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within The Gambia, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of The Gambia in which, in consequence of any such order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

(3) Any person who is arrested or detained—

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of The Gambia,

and who is not released, shall be brought without undue delay before a court.

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

(5) If any person arrested or detained as mentioned in subsection (3)( b ) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting.

Section 14 Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “ forced labour ” does not include—

(a) any labour required in consequence of the sentence or order of a court;

(b) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.

Section 15 Protection from inhuman treatment

(1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in The Gambia on 17th February 1965.

Section 16 Protection from deprivation of property

(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say:—

(a) the taking of possession or acquisition is necessary or expedient—

(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; or

(ii) in order to secure the development or utilisation of that or other property for a purpose beneficial to the community; and

(b) provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation.

(2) Every person having an interest in or right over property which is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the Supreme Court for—

(a) the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled; and

(b) the purpose of obtaining prompt payment of that compensation:

Provided that if Parliament so provides in relation to any matter referred to in paragraph ( a ) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the Supreme Court, having jurisdiction under any law to determine that matter.

(3) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court or any other tribunal or authority in relation to the jurisdiction conferred on the Supreme Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the Supreme Court or applications to the other tribunal or authority may be brought).

(4) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside The Gambia.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorises—

(a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or

(b) the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted.

(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section—

(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right—

(i) in satisfaction of any tax, rate or due;

(ii) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of The Gambia;

(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;

(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;

(vi) in consequence of any law with respect to the limitation of actions; or

(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or

(b) to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say:—

(i) enemy property;

(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

(iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

(7) Nothing contained in or done under the authority of any Act of Parliament shall be held to be inconsistent with or in contravention of this section to the extent that the Act in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by Parliament.

Section 17 Protection from arbitrary search or entry

(1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

(c) that authorises an officer or agent of the Government of The Gambia, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be; or

(d) that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order,

and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Section 18 Provisions to secure protection of law

(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Every person who is charged with a criminal offence—

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;

(c) shall be given adequate time and facilities for the preparation of his defence;

(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;

(e) shall be afforded facilities to examine in person or by his legal, representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,

and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.

(10) Nothing in subsection (9) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority—

(a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

(b) may by law be empowered or required to do in the interests of defence, public safety or public order.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—

(a) subsection (2)( a ) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

(b) subsection (2)( d ) of this section to the extent that the law in question prohibits legal representation in proceedings against a member of an African race for an offence committed within the former Protectorate, being proceedings before a court having jurisdiction only in the former Protectorate or before another court on appeal from such a court;

(c) subsection (2)( e ) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or

(d) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

(12) In the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs ( d ) and ( e ) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

(13) In this section “ criminal offence ” means a criminal offence under the law of The Gambia .

Section 19 Protection of freedom of conscience

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) Except with his own consent (or, if he is a minor, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides.

(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required—

(a) in the interests of defence, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

Section 20 Protection of freedom of expression

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or

(c) that imposes restrictions upon public officers,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Section 21 Protection of freedom of assembly and association

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

(c) that imposes restrictions upon public officers,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Section 22 Protection of freedom of movement

(1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout The Gambia, the right to reside in any part of The Gambia, the right to enter The Gambia, the right to leave The Gambia and immunity from expulsion from The Gambia.

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) for the imposition of restrictions on the movement or residence within The Gambia of any person or on any person's right to leave The Gambia that are reasonably required in the interests of defence, public safety or public order;

(b) for the imposition of restrictions on the movement or residence within The Gambia or on the right to leave The Gambia of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

(c) for the imposition of restrictions, by order of a court, on the movement or residence within The Gambia of any person or on any person's right to leave The Gambia either in consequence of his having been found guilty of a criminal offence under the law of The Gambia or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from The Gambia;

(d) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of The Gambia;

(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in The Gambia;

(f) for the imposition of restrictions upon the movement or residence within The Gambia or on the right to leave The Gambia of any public officer;

(g) for the removal of a person from The Gambia to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of The Gambia of which he has been convicted; or

(h) for the imposition of restrictions on the right of any person to leave The Gambia that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(4) If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)( a ) of this section so requests at any time during the period of that restriction not earlier than three months after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are entitled to practise as a barrister or a solicitor in The Gambia.

(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

Section 23 Protection from discrimination on the grounds of race, etc

(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(3) In this section, the expression “ discriminatory ” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description .

(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision—

(a) for the appropriation of public revenues or other public funds;

(b) with respect to persons who are not citizens of The Gambia;

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(d) for the application of customary law with respect to any matter in the case of persons who, under that law, are subject to that law; or

(e) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, tribe, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office in the public service, any office in a disciplined force, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22 of this Constitution, being such a restriction as is authorised by section 17(2), section 19(5), section 20(2), section 21(2) or paragraph (a) or paragraph (b) of section 22(3), as the case may be.

(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

Section 24 Derogations from fundamental rights and freedoms under emergency powers

Nothing contained in or done under the authority of an Act of Parliament shall be held to be inconsistent with or in contravention of section 13 or section 23 of this Constitution to the extent that the Act authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in The Gambia during that period.

Section 25 Protection of persons detained under emergency laws

(1) When a person is detained by virtue of any such law as is referred to in section 24 of this Constitution the following provisions shall apply, that is to say:—

(a) he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;

(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;

(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are entitled to practise as a barrister or a solicitor in The Gambia;

(d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and

(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal representative of his own choice.

(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

(3) Nothing contained in subsection (1)( d ) or subsection (1)( e ) of this section shall be construed as entitling a person to legal representation at public expense.

Section 26 Enforcement of protective provisions

(1) If any person alleges that any of the provisions of sections 11 to 25 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction—

(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and

(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 11 to 25 (inclusive) of this Constitution:

Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 11 to 25 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

(4) Where any question is referred to the Supreme Court in pursuance of subsection (3) of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under section 99 of this Constitution to the Court of Appeal or to the Judicial Committee, in accordance with the decision of the Court of Appeal or, as the case may be, of the Judicial Committee.

(5) Parliament may confer upon the Supreme Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.

(6) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the Supreme Court).

Section 27 Declaration of emergency

(1) The Governor-General may, by proclamation which shall be published in the Official Gazette, declare that a state of emergency exists for the purposes of this Chapter.

(2) Every declaration of emergency shall lapse—

(a) in the case of a declaration made when Parliament is sitting at the expiration of a period of seven days beginning with the date of publication of the declaration; and

(b) in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration,

unless it has in the meantime been approved by a resolution of the House of Representatives supported by the votes of two-thirds of all the voting members of the House.

(3) A declaration of emergency may at any time be revoked by the Governor-General by proclamation which shall be published in the Official Gazette.

(4) A declaration of emergency that has been approved by a resolution of the House of Representatives in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as that resolution remains in force and no longer.

(5) A resolution of the House of Representatives passed for the purposes of this section shall remain in force for twelve months of such shorter period as may be specified therein:

Provided that any such resolution may be extended from time to time by a further such resolution supported by the votes of two-thirds of all the voting members of the House, each extension not exceeding twelve months from the date of the resolution effecting the extension and any such resolution may be revoked at any time by a resolution supported by the votes of a majority of all the voting members of the House.

(6) Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.

(7) The Governor-General may summon the House of Representatives to meet for the purposes of subsection (2) of this section notwithstanding that Parliament then stands dissolved, and the persons who were members of the House of Representatives immediately before the dissolution shall be deemed, for those purposes, still to be members of that House but, subject to the provisions of section 43(4) of this Constitution (which relates to the election of the Speaker of the House of Representatives), the House shall not, when summoned by virtue of this subsection, transact any business other than debating and voting upon a resolution for the purposes of subsection (2) of this section.

Section 28 Interpretation and savings

(1) In this Chapter, unless the context otherwise requires—

“ contravention ”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly ;

“ court ” means any court of law having jurisdiction in The Gambia other than a court established by a disciplinary law, and includes the Judicial Committee and in sections 12 and 14 of this Constitution a court established by a disciplinary law ;

“ disciplinary law ” means a law regulating the discipline of any disciplined force ;

“ disciplined force ” means —

a naval, military or air force;

the Police Force; or

a prison service;

“ legal representative ” means a person entitled to practise as a barrister or a solicitor in The Gambia ; and

“ member ”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline .

(2) In this Chapter “ a period of public emergency ” means any period during which—

(a) The Gambia is at war; or

(b) a declaration of emergency is in force under section 27 of this Constitution.

(3) In relation to any person who is a member of a disciplined force raised under an Act of Parliament, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 12, 14 and 15 of this Constitution.

(4) In relation to any person who is a member of a disciplined force raised otherwise than as afore said and lawfully present in The Gambia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

Section 29 Establishment of office of Governor-General

There shall be a Governor-General who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in The Gambia.

Section 30 Discharge of Governor-General's functions during vacancy, etc

Whenever the office of Governor-General is vacant or the holder of the office is absent from The Gambia or is for any reason unable to exercise the functions conferred upon him by this Constitution, those functions shall be exercised by such person as Her Majesty may appoint or, if there is no person in The Gambia so appointed and able to exercise those functions, by the Chief Justice.

Section 31 Oaths to be taken by Governor-General

A person appointed to or assuming the functions of the office of Governor-General shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

Section 32 Establishment of Parliament

There shall be a Parliament which shall consist of Her Majesty and a House of Representatives.

Section 33 House of Representatives

(1) The House of Representatives shall consist of a Speaker and the following other member, that is to say:—

(a) thirty-two members who shall be known as “ elected members ” and who shall be elected in accordance with the provisions of section 36 of this Constitution ;

(b) four members who shall be known as “ Chiefs' representative members ” and who shall be elected in accordance with the provisions of section 39 of this Constitution ; and

(c) until Parliament otherwise provides, two members who shall be known as “ nominated members ” and who shall be appointed in accordance with the provisions of section 41 of this Constitution .

(2) Only an elected member or a Chiefs' representative member shall be entitled to vote upon any question before the House of Representatives and the elected members and the Chiefs' representative members are in this Constitution collectively referred to as “ voting members ” .

(3) A person who is exercising the functions of the office of Attorney-General by virtue of section 64(4) of this Constitution but who is not otherwise a member of the House of Representatives shall be an ex officio member of the House but shall not be entitled to vote therein.

Section 34 Qualifications for membership of House of Representatives

Subject to the provisions of section 35 of this Constitution, a person shall be qualified to be nominated for election as a voting member of the House of Representatives or to be appointed as a nominated member if, and shall not be so qualified unless, at the date of his nomination for election or, as the case may be, at the date of his appointment—

(a) he has attained the age of twenty-one years;

(b) he can speak English well enough to take an active part in the proceedings of the House;

(c) in the case of a voting member, he is a citizen of The Gambia, and

(d) in the case of an elected member, he is registered in some constituency as a voter in elections of elected members of the House and is not disqualified from voting in such elections.

Section 35 Disqualifications for membership of House of Representatives

(1) No person shall be qualified to be nominated for election as a voting member of the House of Representatives or to be appointed as a nominated member if, at the date of his nomination for election or, as the case may be, at the date of his appointment—

(a) in the case of a voting member, he is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any foreign power or state;

(b) he holds the office of Speaker;

(c) he is, under any law in force in The Gambia, adjudged or otherwise declared to be of unsound mind;

(d) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in The Gambia;

(e) he is under sentence of death imposed on him by a court in The Gambia or is under a sentence of imprisonment (by whatever name called) for a term of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or

(f) subject to such exceptions and limitations as may be prescribed by Parliament, he has any such interest in any such government contract as may be so prescribed.

(2) Parliament may provide that a person shall not be qualified to be nominated for election as a voting member of the House of Representatives or to be appointed as a nominated member if, at the date of his nomination for election or, as the case may be, at the date of his appointment, he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election to the House or the compilation of any register of voters for the purposes of such an election.

(3) Parliament may provide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House of Representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be nominated for election as a voting member of the House or to be appointed as a nominated member.

(4) No person shall be qualified to be nominated for election as an elected member of the House of Representatives who, at the date of his nomination for election, is, or is nominated for election as, a Chiefs' representative member; and no person shall be qualified to be nominated for election as a Chiefs' representative member who, at the date of his nomination for election, is, or is nominated for election as, an elected member.

(5) No person shall be qualified to be nominated for election as a voting member of the House of Representatives who, at the date of his nomination for election, is a nominated member; and no person shall be qualified to be appointed as a nominated member who, at the date of his appointment, is, or is nominated for election as, a voting member or who has, at any time since Parliament was last dissolved, stood as a candidate for election as a voting member but was not elected.

(6) Parliament may provide that, subject to such exceptions and limitations as Parliament may prescribe, a person shall not be qualified to be nominated for election as a voting member of the House of Representatives or to be appointed as a nominated member if, at the date of his nomination for election or, as the case may be, at the date of his appointment—

(a) he holds or is acting in any office or appointment that may be prescribed by Parliament;

(b) he is a member of any naval, military or air force that may be so prescribed; or

(c) he is a member of any police force.

(7) For the purposes of subsection (1)( e ) of this section—

(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

(8) In subsection (1)( f ) of this section “ government contract ” means any contract made with the Government of The Gambia or with a department of that Government or with an officer of that Government contracting as such .

Section 36 Election of elected members

(1) The Gambia shall, in accordance with the provisions of section 38 of this Constitution, be divided into constituencies and each constituency shall elect one elected member to the House of Representatives in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.

(2) The election of elected members of the House of Representatives shall be based upon universal adult suffrage, that is to say:—

(a) every citizen of The Gambia who has attained the age of twenty-one years shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections of elected members of the House of Representatives, be entitled to be registered as such a voter under any law in that behalf, and no other person may be so registered; and

(b) every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of elected members of the House of Representatives, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.

(3) In any election of elected members of the House of Representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

Section 37 Constituency Boundaries Commission

(1) There shall be a Constituency Boundaries Commission which shall be appointed by the Governor-General in the circumstances specified in section 38(3) of this Constitution and which shall consist of a Chairman and two other members.

(2) The Chairman and the other members of the Commission shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial Service Commission.

(3) A person shall not be qualified to be appointed as a member of the Commission if—

(a) he is, or has at any time during the five years immediately preceding his appointment been, a member of the House of Representatives or a member of any House of Representatives established for The Gambia by Order of Her Majesty in Council before the coming into operation of this Constitution (other than a nominated or an ex officio member or a temporary member appointed in place of such a member);

(b) he is, or has at any time during the said five years been, nominated as a candidate for election as a member of the House of Representatives or of any such House of Representatives established as aforesaid;

(c) he is, or has at any time during the said five years been, the holder of an office in any political organisation that sponsors or otherwise supports, or that has at any time sponsored or otherwise supported, a candidate for election as a member of the House of Representatives or of any such House of Representatives established as aforesaid or of any local government authority; or

(d) he is a public officer.

(4) Subject to the provisions of this section, the office of a member of the Commission shall become vacant—

(a) when the order of the Commission is published in the Official Gazette in accordance with the provisions of section 38(6) of this Constitution; or

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified to be appointed as such under subsection (3) of this section.

(5) A member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(6) A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated, then—

(a) the Governor-General shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in any country outside the Commonwealth that may be prescribed by Parliament or a court having jurisdiction in appeal from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.

(8) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor-General acting in accordance with the advice of the Judicial Service Commission, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that that member should not be removed.

(9) A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath for the due execution of his office that is set out in the Schedule to this Constitution.

(10) In the exercise of its functions under this Constitution the Commission shall not be subject to the direction or control of any other person or authority.

(11) The Commission may by regulation or otherwise regulate its own procedure and, with the consent of the Prime Minister, may confer powers or impose duties on any public officer or on any authority of the Government of The Gambia for the purpose of the exercise of its functions.

(12) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decisions of the Commission shall require the concurrence of a majority of all its members.