The 2024 draft constitution has undergone considerable additions and deletions, according to attorney Aziz Bensouda. The loss of Chapter 5, which emphasizes ethics and strong leadership, is one of the most noticeable. Bensouda revealed that the revised manuscript has eliminated this entire chapter.

Furthermore, the 72-hour detention period following an arrest has been reinstated in the draft, after it was lowered to 48 hours in the 2020 draft by the Constitutional Review Commission (CRC).There has always been debate over the length of time that someone can be held after being arrested. The current statute is 72 hours. Following public consultation, the 2020 Draft opted to shorten the duration to 48 hours. The 48-to 72-hour draft for 2024 has been canceled, Bensouda informed Kerr Fatou.

In addition, he clarified that Chapter 5, “Leadership and Integrity,” highlighted that the people are the source of sovereign authority and that holding public office should be treated as a privilege that must be used with respect for the Constitution, the people, and the rule of law. Bensouda was concerned about its elimination.

Chapter 5 is titled “Leadership and Integrity.” The 2020 draft’s Section 24(1) acknowledges that the people are the source of all sovereign authority. In essence, it is claiming that the people have the power. This constitution acknowledges that the people are the ones who bestow upon public officers any obligation. Consequently, that power ought to be regarded as a privilege and public trust, and it ought to be used in a way that upholds the Constitution’s fundamental values, shows respect for the people and the rule of law, honors the country and your office, and fosters public confidence in the legitimacy, respect, and integrity of the office held by the public official. Why is that eliminated? Bensouda enquired.

He gave an example, pointing out that the same chapter had a section on public officers’ conduct. They omitted the clause that states that a public officer must act in a way that prevents conflicts of interest, jeopardizes their personal or public interests, or puts their office into discredit, whether they are acting in public or private life or in conjunction with others. This part was basically removed from the 2020 draft in order to avoid conflicts of interest, he said.

Bensouda also referenced a provision on executives’ financial probity, which called for financial openness. The clause that said that gifts and donations to public officials must go via the Anti-Corruption Commission in the state has been eliminated, he added. The original intent of the clause was to forbid gift-giving.

In terms of limitations on public officers, the 2020 draft said that full-time public officials were not permitted to work in any other type of gainful occupation unless specifically authorized by the government or by an act of the National Assembly. Moreover, this part has been deleted.

Section 28 applies to anybody interacting with a governmental agency or public official. The rule of law is also eliminated in the 2020 draft, along with obligations to act honorably and openly, respect the people and the law, and preserve and uphold confidence, he said.

The right to assemble has also been modified. Previously, anyone could petition a public authority, organize a protest, and gather. While the ability to petition public officials has been limited in the current draft, protestors are still allowed, and gatherings must now abide by national security and other laws.

Thus, they have altered the wording in the present draft. You are free to organize and demonstrate without resorting to violence, but you are not allowed to petition a public figure and your gathering may be monitored by national security. Other regulations, and so forth,” Attorney Bensouda clarifies.

The right to education is likewise modified by the 2024 draft. The current plan restricts free and compulsory education to basic education only, leaving out secondary schools, despite the 2020 draft’s provision of free and compulsory education for both primary and secondary levels. Bensouda questioned this change’s justification.

They’ve made a minor adjustment. The 2020 draft stipulates that all primary and secondary students must have access to free basic and secondary education. Only basic education will be free and required under this bill, while secondary education has been eliminated. Thus, once more, I think the government needs to justify why it thinks this needs to be eliminated,” the attorney stated.

The revised draft eliminates the whole chapter on decentralization, which results in significant changes to local governance. It does away with the functions of Alkalo and Seyfo as well as the financial independence of local governments. It eliminates the decentralization that was intended in earlier drafts and instead brings local administrations under central power.

Our decentralized structure is upheld by the Constitution. It has to do with applying and upholding the law. Thus, we enjoyed local government decentralization and autonomy in 1997. The CRC left that unchanged in the 2020 draft. They have completely eliminated our local government system in the 2024 draft. The entire chapter on municipal governance has been updated. Thus, the term “decentralization” has been removed.

“They have removed all references to local government, including the financial and autonomous functions of councils. The Alkalo and Seyfo establishments have been removed. There is only a brief sentence stating that the National Assembly will soon pass an act providing for the election of mayors. He clarifies, “But in essence, they’re going to subjugate local governments to the federal government and eliminate the concept or anticipation of any autonomy or decentralization rights.”

Bensouda also drew attention to the removal of a section on consumer protection that attempted to guarantee the right to reasonably priced goods and services. He expressed worry that the aspirations of the Gambians about the constitutional protection of consumer rights had not been met.

As we deal with this on a daily basis, I believe that people wanted the constitution to defend their rights as consumers. You’re paying for subpar products and services, among other things. Furthermore, it is reasonable to assume that the Gambians expected these items I’ve mentioned to be protected at the constitutional level. He said, “That’s also deleted.”

The attorney added that the Supreme Court’s authority to supervise the proclamation of a national emergency is eliminated in the revised draft. Furthermore, the budget of the judiciary must be submitted to the executive branch rather than the National Assembly.

The rules governing political party fundraising, which mandated that parties disclose their financial information before nomination, have also been removed. Furthermore, the 2020 plan advocated holding elections within three months, while the current draft allows a member of the president’s team to serve out the duration of the term. This revision also modifies the laws for addressing a presidential vacancy.