The End of Decentralisation

Section 101 of the Constitution of the Gambia states categorically that no bill shall be introduced into the National Assembly of the Gambia, unless it is accompanied by an explanatory memorandum setting out in detail the policies and principles of the bill, the defects it is intended to remedy and the necessity for its introduction.

An extra ordinary meeting of the National Assembly was convened to discuss and amend the Local Government Act. The bill which was placed before the National Assembly members was introduced by the Secretary of State for Local Government and Lands and Religious Affairs, Ismaila Sambou.


Let us now examine the original principles governing Local government administration under the 1997 Constitution and weigh the amendments against the principles.

During the early phase of the colonial period power was centralized in the hands of the governor. People paid taxes but had no way of determining who would manage their resources. The governor appointed the members of the executive and legislative councils to serve as advisory bodies for the Governor. It was Edward Francis Small who pioneered the clarion call for 'no taxation without representation'. 87 years have elapsed since the National Congress of British West Africa called on its members to educate the people to know that they are the rates and tax payers and had the right to elect those who are to manage their taxes.

One would have thought by now that the people of our era would be more enlightened than those who lived at the time of Francis Small:
The 1997 Constitution made Section 193 subsection (1) an entrenched clause. This clause cannot be changed without a referendum: The section States:

"Local Government in the Gambia shall be based on a system of democratically elected councils with a high degree of Local Autonomy"
In line with section I93 the constitution further asserted in section 194 paragraphs (a) and (c):

"An Act of the National Assembly by or under which a local government authority is established shall include provision for -
(a) the election of members of the authority from among residents of the area within the authority's jurisdiction at intervals of four years, and the qualifications for election;

(b) the additional representation on the authority of District Seyfolu and representatives of local commercial, occupational or social interests or groups, whether by election or otherwise

(c) the direct election of the mayor or chairman of the authority;"
The Secretary of State started by calling for the amendment of this provision. Section 193 subsection (4) also states the object of the Local Government System as follows:

" It shall be the object of the local government system that as far as possible, issues of local policy and administration shall be decided at a local level and that local government authorities shall cooperate with the Central Government in adopting a policy of decentralization."

On Wednesday 31 October 2007, the Secretary of State for Local Government introduced the following amendments:
"(1) Local Government Council shall stand dissolved ninety days before a Local Government election.

"(2)On the dissolution of a Council, The President shall appoint, for each Local Government Area, an interim Management Team, consisting of such persons as he or she may determine, to perform the functions and exercise the powers of a Council until the day preceding the first meeting of a Council after a Local Government election."

This contravenes the letter and spirit of Section 193 of the constitution and should become null and void.
The amendments further states:

"A Chairperson, other than a Mayor or Mayoress, shall be elected by the Councillors from among the Councillors." This ousts the direct election of the Chairpersons of councils outside of Banjul and the Kanifing Municipality, and thus deprives the people in the rural areas of universal suffrage in electing chairpersons of councils as is reminiscent of the colonial days.

To negate the principle of decentralisation completely, the following amendment empowers the president to remove the elected members of councils and thus reduces them to subjects under the control of the Secretary of state:

"Notwithstanding the other provisions of this section, a Chairperson, Deputy Chairperson or other member of a Council may also be removed from office by the President, on the recommendation of the Secretary of state, on any of the grounds set out in subsection (1) of this section."
This is the end result of the APRC revolution: One step forward and Two steps backwards.

The following is part of the explanation given by SoS Sambou as principles for the Amendments:

"In the light of constraints which the Department of State for Local Government and Lands experiences in the exchange and management of information and decisions with Councils, the Department considers it necessary to introduce the concept of the indirect executive chairpersons excluding mayors and mayoresses, where the chairpersons of councils are elected not by universal adult suffrage but by the Councillors from among themselves.

This could not, however, be done without the Constitution being amended. The Constitution having been amended, this Bill seeks to amend the relevant sections of the Local Government Act to give effect to the Constitutional amendment.

In the same vein, with the need for faster decision making in Council and for a more rapid and more responsive implementation of the decentralization process, the Department of State wishes also to propose 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 member 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 chamber debates."

History is recording how the constitution is being butchered to suit the desire of the APRC to centralize power in the hands of its executive. In a democratic society where the electorate are sovereign and enlightened such an issue would be part of an election platform which should warrant MPs being sent packing at the end of their mandate.

Culled from FOROYAA Newspaper