The Local Government Bill 2007, and matters connected therewith was on Wednesday amended by Members of the National Assembly, at an extra-ordinary session of the Assembly in 2007 Legislative Year.
This Bill seeks to amend the relevant sections of the Local Government Act to give effect to the Constitutional Amendment which could not, however, be done without the Constitution being amended.
These amendments also seek to provide the dissolution of Councils 90 days before the Local Government elections and the setting up of an Interim Management Teams, by the President to oversee the affairs of the Councils until the scheduled elections.
According to Ismaila Sambou, Secretary of State for Local Government, Lands and Religious Affairs, who presented the Bill for amendment, in the light of the constraints which the Department of State for Local Government, Lands and Religious Affairs, experiences in the exchange and management of information and decisions relating to the Councils, the Department of State considers it necessary to introduce the concept of indirect Executive Chairperson, excluding Mayors and Mayoress, where the Chairperson of Councils are elected not by universal adult suffrage, but by Councillors from among themselves.
Owing to the need for faster decision-making in Council and for a more rapid and more responsive implementation of the decentralisation process, the Department of State also proposed the amendment of the relevant sections of the Local Government Act 2002, to reflect the need for the President to have the power to remove the Mayor/Chairman, Deputy Mayor/Chairman or other members of Council, and also to have Councillors in the Local Government Authorities, who can demonstrate a clearer understanding of issues and participate more effectively in the chamber’s debates.
SoS Sambou then urged NAMs to recall that in May, 2006, the Local Government Act was amended, among other things, to change the title of Commissioners to Governors. He added that “in line with current decentralisation process in The Gambia and consistent with international practice, it was necessary to also re-name the Divisions as Regions”.
He finally confirmed that the Local Government Act is silent on the issue of dissolution of Councils prior to Local Government Elections, adding that these amendments therefore seek to provide the dissolution of the Councils 90 days before Local Government Elections and the setting up of an Interim Management Teams by the President, to oversee the affairs of the Councils until the scheduled elections.
Hon. Adama Cham, NAM for Kombo North, said democracy is a process and continues to define its refines. According to him, there is no case to delay the amendment as it is for the interest of the Gambian people. “So for the President to have the power to remove anyone who is not functioning is in accordance with check and balance system. I don’t see no reason why someone not delivering should not be removed. The President will not just fire people without a reason, but there are always causes to it,” he said.
He then described it as not a witch-hunt and therefore urged NAMs to unanimously amend it.
Hon. Netty Baldeh, NAM for Tumana described the amendment as timely as it gives executive powers to the President who is duly elected by the majority of Gambians to act in the interest of everyone.
Hon. Abba Sanyang, NAM for Foni Kansala, said “power belongs to the people and mandating the President such an additional job still remains the same as the power belongs to the people, because the President is democratically-elected by the majority of Gambians”.
Hon.Mama Kandeh, NAM for Jimara and Hon. Cherno Cham, NAM for Lower Nuimi, both supported the amendment.