By Kebba AF Touray
Attorney General and Minister of Justice Dawda A. Jallow on Friday, July 11, 2025, introduced the Judicial Officers (Conditions of Service) Bill, 2025, nearly ten months after lawmakers voted down a similar proposal focused on judicial pay and benefits.
The new bill, presented during the First Reading at the National Assembly, is viewed as a strategic reintroduction—broader in scope and more constitutionally grounded—after the Judicial Officers (Remuneration and Other Entitlements) Bill, 2023 collapsed in the chamber on Tuesday, September 12, 2023, following stiff opposition from members of the legislature.
Unlike the failed 2023 version, which narrowly focused on setting judicial salaries, pensions, and allowances, the 2025 bill encompasses a wider legal and institutional framework. It seeks to regulate all aspects of the conditions of service for judicial officers, from appointment and tenure to retirement benefits and administrative protections—anchoring these in constitutional provisions that underscore judicial independence.
“This bill is a fulfilment of both the letter and spirit of the Constitution,” Justice Minister Jallow told lawmakers. “The judiciary is a co-equal branch of government, and its independence must be supported by adequate and secure conditions of service.”
At the heart of the legislation are Sections 120(3) and 142 of the 1997 Constitution. Section 120(3) establishes the judiciary as independent and subject only to the Constitution and the law, while Section 142 mandates that judges’ salaries and entitlements be prescribed by an act of the National Assembly—and explicitly prohibits their reduction.
Observers say the failure of the earlier bill signaled discomfort among lawmakers with passing a law that appeared narrowly focused on financial rewards without addressing the broader structural and governance issues facing the judiciary. Some parliamentarians at the time raised concerns about prioritizing judicial pay in the absence of wider reforms or public sector equity.
The new bill, now titled Judicial Officers (Conditions of Service), reflects that feedback by providing a more holistic approach. It reinforces the role of the Judicial Service Commission (JSC) in overseeing judicial appointments and service matters and integrates institutional safeguards that shield the judiciary from political or executive interference.
The 10-month gap between the two bills also underscores the challenge of balancing constitutional obligations with political realities in a developing democracy where resources are stretched and public scrutiny of institutions is rising.
Legal reform advocates say the revamped bill is not just about compensation but about restoring trust in the judicial system. “Fair pay is one thing,” said a senior legal practitioner in Banjul. “But this bill takes the conversation further—toward institutional independence, structural security, and constitutional fidelity.”
The bill is expected to undergo Second Reading during the Third Ordinary Session of the National Assembly later in 2025, where lawmakers will debate its merits in detail and consider possible amendments.
For now, the Justice Ministry’s latest attempt signals a continued commitment to safeguarding the judiciary’s autonomy—an issue that has gained renewed importance as The Gambia continues its transitional reforms following decades of authoritarian rule. Whether lawmakers will back this new, restructured version remains to be seen.
