Wednesday, October 27, 2021

Appointment Of Two To Judicial Service Commission Referred To Assembly Committee

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 By: Kebba AF Touray

The National Assembly on Tuesday referred the motion for the appointment of Mr. Sulayman Samba and Mrs. Mary Samba as members of the Judicial Service Commission to the Public Appointments Committee, pursuant to section 145 (1) (D) and (E) and 1045 (2) of the 1997 constitution of the Gambia.

Justice Minister, Dawda Jallow, said the motion was meant for the assembly to consider and confirm the appointments of the aforesaid appointees to the commission. He said the motion was brought pursuant to section 145 of the constitution of the republic of the Gambia 1997, precisely 145 (D) and (E).

“Section 145 (D) states that there shall be a Judicial Service Commission, which shall consist of in section 145 (D) a legal practitioner of at least five standing at the bar, nominated by the Attorney General, in consultation with the Gambia Bar Association,” he said.

He said section 145 (E) states that one person be appointed by the president and that section 145 (2) states that the members of the commission, other than members referred to in (A) and (F), shall be appointed by the President, in consultation with the Chief Justice, and subject to confirmation by the National Assembly.

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He said: “That confirmation by the National Assembly is why this motion is brought and I move on those terms.”

The motion was seconded by the Member for Upper Saloum, Alagie Mbowe, who also raised another motion to refer the bill to the Public Appointments Committee. He said it shall be the duty of the appointments committee to scrutinize, consider and advise on all appointments to a public office, to be made by the executive and subject to the confirmation of the legislature as stated in clause 117 sub clause (2) of the standing orders.

Halifa Sallah, Member for Serrekunda, clarified to the lawmakers that what they are voting on was to accept to consider the appointments, which constitutes the first element of the motion and not confirming it. He said the second element of the motion would be referring the bill to the public appointments committee.

The motion to refer the motion to the public appointments committee was seconded by the member for Foni Brefet, Sunkary Badgie.

The motion is now referred to the Public Appointments Committee to review the appointment and confirmation of the aforesaid appointees and report its findings back to the plenary for subsequent consideration and confirmation.

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