By Omar Bah
In another chapter of its explanatory note on the draft constitution, government has explained why it changed the tenure of the Auditor General from nine to five years.
It said a fixed nine-year term without reappointment might inadvertently lead to complacency. “But now that it has been changed to five years, they must potentially justify their reappointment after five years and this will motivate the Auditor-General to maintain high standards of performance, engagement, and innovation throughout their tenure,” the government argued.
It further stated that the establishment of a shorter, renewable term allows for more frequent assessment and evaluation of the Auditor-General’s performance.
“This ensures that the Auditor-General remains accountable and maintains a high level of performance. While nine years is a considerable period that could lead to entrenchment, the prospect of a five-year renewable term ensures that no single individual becomes overly entrenched in the office,” it added.
Publication of AG’s reports
The 2020 draft permits the Auditor General to publish his report when there is undue delay by the National Assembly but the 2024 executive revised draft stipulates that the Auditor General’s reports can only be published after they have been discussed and adopted by the National Assembly, ensuring that these crucial documents are given proper legislative attention and oversight.
“It affirms the role of the National Assembly in scrutinising and officially adopting the reports before they are made public, ensuring due legislative process is completed prior to publication,” the government argued.
Restrictions on president
The 2020 draft absolutely prohibits the president from taking part in agricultural activities, but the 2024 draft changed that clause.
The government argued that agriculture is a fundamental sector of the country’s economy and is critical for national food security, rural employment, and sustainable development.
“Allowing the President to engage in agricultural activities is critical in promoting and supporting this vital sector. Also, allowing the president to engage in agricultural activities will always be beneficial and less intrusive to the primary responsibilities of the presidential office,” it added.
Overall, the government added, this amendment recognises the importance of agriculture in The Gambia’s economy and allows the president to participate in this sector without conflict of interest, provided it does not interfere with official duties.
It acknowledged that engaging in agricultural activities can be a source of additional income and contribution to the economy without compromising the responsibilities of the Office of the President. “Additionally, this amendment resonates the agrarian heritage of the Gambia and the significant role that agriculture plays in national development.”
Presidential immunity
The 2020 draft automatically terminates the immunity for any offences committed during the president’s tenure once they leave office without needing additional processes.
However, the 2024 draft provides a mechanism for the legislative body to assess and potentially remove the immunity of a former president.
“Clause 95(4) of the 2024 draft offers a middle ground between full protection of a president and automatic removal of immunity, as seen in clause 105(4) of the 2020 draft. The former president retains immunity unless a significant majority in the National Assembly agrees there is reason enough to lift it, thus avoiding scenarios where a president might be constantly harassed or litigated against for political reasons immediately upon leaving office,” the government added.
It added that this restraint helps in preserving the dignity and stability of the former head of state while still holding them accountable through a rigorous, legitimate process.
Impeachment
The 2020 draft clause lists “abuse of office,” “violation of a provision of the Constitution,” and “obstruction of justice” as grounds for removal, but the 2024 clause amended that by specifying “gross abuse of office” and “gross violation of a provision of the Constitution requiring a higher level of or more serious misconduct for the removal of a president.
“The 2024 draft clause also requires a higher level of support from the National Assembly for removal to take place (2/3). The changes in the 2024 draft set a higher threshold for the removal of the president and require more serious misconduct and a higher level of support from the Nation-al Assembly for removal to take place”.
