By Omar Bah
In another explanation about a major change in the controversial draft constitution, the government has explained why a clause in the 2020 draft which provides for presidential elections to be held six weeks before the end of the president’s term, has been changed to three weeks, as obtained in the 1997 constitution.
In its explanatory note about this changes, the government said: “Clause 82(2) of the 2024 draft amended it to the effect that the election of president will be held within three months but not later than six weeks before the end of the term of the incumbent president. “The 2020 draft provides a specific minimum timeframe but does not specify a maximum period, allowing elections to potentially occur long before the six-week period. The 2024 draft now provides that the election must occur within a specific window — starting from three months before, and ending six weeks before the term’s end. This provides a more defined timeframe, marking both the earliest and latest possible dates for the election.”
According to the government, while the 2020 draft allows for more flexibility regarding the election date, it might introduce unpredictability and planning challenges.
“On the other hand, the 2024 draft with its defined three-month window, provides a blend of flexibility and predictability, potentially leading to more orderly elections and smoother transitions of power. By setting a precise range, Clause 82(2) might better serve the practical aspects of organising and conducting presidential elections in a structured manner,” the government argued.
IEC members
On the appointment of the members of the Independent Boundaries and Electoral Commission, the 2020 draft requires that National Assembly confirm their appointments with 60 majority. However, the 2024 executive draft replaced it with section 42(3) of the current (1997) constitution.
Explaining this, the government said the bureaucracy of confirmation by the National Assembly portends undue bottlenecks in providing prompt and quality electoral administration due to delay in appointing members of the IEBC. It said reverting to the procedure under the 1997 Constitution, ensures that appointments can be made more efficiently by consulting statutory independent bodies in a manner that guarantees sufficient checks and balances through consultation with key independent bodies.
Political party fundings
While the 2020 draft provides for political parties to declare to the public their revenues and assets, and the sources of those revenues and assets, the 2024 draft deleted that paragraph and replace it with section 60(3) of the current (1997) constitution.
Justifying this, government said the matter of political parties declaring their revenues, assets, and sources should be addressed through an Act of the National Assembly, which will provide the necessary provisions for the effective implementation of this requirement. “The deletion of these requirements reflects a shift towards a more flexible regulatory framework for political parties. It also aims to reduce administrative overheads while still ensuring accountability through other means such as regular reporting to the electoral commission,” the government added.
According to the government, the importance of transparency needs to be reiterated.
“The Government recognises that overly stringent requirements could place undue burdens on political parties, particularly smaller ones. The existing legal framework provides sufficient mechanisms to monitor party finances,” it argued.
While the 2020 draft also prohibits political parties from receiving foreign donations, the 2024 draft deleted this restriction, arguing that while it is important to safeguard national sovereignty, the political parties may receive legitimate support from international partners.
“Deleting this provision allows for more flexibility in political funding, provided that all contributions are transparent and compliant with existing laws. Instead of an outright ban, the focus is to ensure that such contributions do not compromise national interests,” the government said.
Presidential appointments
The 2020 draft provides for one half majority for any National Assembly’s confirmation/approval of presidential appointment but the 2024 draft deleted the clause entirely, arguing that the confirmation process is cumbersome. “As a result, it may not be practicable to subject every person appointed by the President to the approval of the National Assembly. Arguably, this process may gradually whittle down the efficacy of a Presidential System of Government which allows the President to seek out highly qualified and competent persons for appointment. An overarching subjection of – 17 – appointments in this regard may undermine the practice of separation of powers in The Gambia,” the government argued in justifying the changes.
