This question was posed to Halifa Sallah in connection with the controversy of rejecting the clause providing for Diaspora registration.
According to him, the Diaspora is not an ordinary constituency. The export earnings of the country in 2023 was just 5,184 million dalasi while imports stood at 51,170 million dalasi. Hence the country experienced a trade deficit of 45,986 million dalasi. Remittances from the Diaspora increased from 746 million dollars (52,444 million dalasi) in 2023 to 776 million dollars (54,553 million dalasi) in 2024.
This confirms that The Gambia earns more foreign exchange from remittances than from exports. This is how important remittances are to the exchange rate of the dalasi against other currencies. No member of the executive or the National Assembly should fail to take note of the relevance of the diaspora constituents.
Their rights to be registered and to vote is guaranteed by section 39 of the Constitution and captured in sections 12 and 141 of the Elections Act. The provisions are as follows:
Section 39 of the Constitution reads:
(1) Every citizen of The Gambia being eighteen years or older and of sound mind shall have the right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.
(2). Every citizen of The Gambia who is a registered voter shall be entitled to vote in a referendum held in accordance with this Constitution or any other law.
(3). Every citizen of The Gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter and any Act of the National Assembly providing for such elections to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident.”
Subsection (1) of Section 12 of the Elections Act which deals with qualifications for registration of voters reads:
“Subject to section 13, a person shall be entitled to have his or her name entered on a register of voters in a Constituency if he or she –
(a) is a citizen of The Gambia;
(b) has attained or will on the date of the holding of the next election attain, the age of eighteen years; and
(c) is resident, or was born in that Constituency.”
Section 141 of the Elections Act which deals with the power of the Independent Electoral Commission to make rules for the conduct of presidential elections in a foreign country, reads:
“The Commission may make rules for Gambians in any foreign country to vote in a presidential election.”
According to Halifa Sallah, there is need for more literacy in law making to avoid commissions or omissions that fall foul of the Constitution. Section 101 subsection (2) of the Constitution, he adds, indicates the need to amend, replace or repeal laws only if they have defects. Subsection (2) of section 101 reads:
“No Bill, other than a Bill referred to in sub-section (5), shall be introduced into the National Assembly unless it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the Bill, the defects which it is intended to remedy and the necessity for its introduction.”
Registration to be a voter is a right guaranteed by section 39 of the Constitution. It is also acknowledged by the current Elections Act. Any Act that aims to prevent any Gambian at home or abroad the right to be registered either by commission or omission is unconstitutional.
Hence all National Assembly members and members of the executive who are literate in law making will not subscribe to any commission or mission that would aim to deprive a qualified Gambian at home or abroad from being qualified to be registered as a voter. Any such law will be declared null and void by the Supreme Court when challenged by any legitimate aggrieved person or group.
