By: Kebba AF Touray
The National Assembly’s Joint Committee on Regional Government and Human Rights has recommended an increase in the deposit for Presidential Candidates, to one million Dalasi (D1 Million).
The joint committee made this recommendation in its report on the Elections Bill 2022, which was committed to the joint committee for scrutiny and eventual report to the plenary, for consideration and adoption by members.
The joint committee specifically made this recommendation on Clause 43 of the Elections Bill which deals with the payment of deposit.
Following the first reading of the Bill on the 22nd of March 2021 and its Second Reading on the 29th of March 2021, the Bill was referred to the Joint Committee for scrutiny and eventual report to members.
However, due to the incompletion of the task by the joint Committee, the Bill was carried forward to the sixth Legislature by the Attorney and Minister for Justice, Dawda Jallow.
Tabling a report on the bill before the members on Monday, 4 December 2023 on behalf of the joint committee, Hon. Suwaibou Touray, the Member for Wuli East said that the Electoral Bill 2021, seeks to introduce new regulations for the conduct of elections in The Gambia, and said if enacted, the Bill shall be the primary legal framework that will guide the Independent Electoral Commission in discharging its mandate to conduct free, fair and credible elections. He said in fulfilling its mandate, the joint committee reached out to the electorate in all the regions and received position papers from political parties and the Inter-Party Committee, and also received suggestions from organizations and experts. The lawmaker said that the joint committee also made references to the background notes on the Elections Bill 2021, as submitted by the Executive to the Assembly, the 1997 Constitution of The Gambia, various submissions by the Independent Electoral Commission of The Gambia, views, and suggestions contained in the position papers received from various organizations, institutions, individuals, experts, and political parties on the Elections Bill 2021. He said that references were also made to the views expressed during the oral evidence tendered before the Committee by various official witnesses, and views expressed during public consultations and Supreme Court judgments relating to electoral laws by the committee. The said increment on the deposit for the Presidential, National Assembly, Mayoral, or Chairperson candidates, was made to the joint committee from the electorate during engagements with them on the bill.
Dilating on the payment of deposit segment of the report in Clause 43, Hon. Touray said the Clause mandates candidates at the time of delivering their nomination papers, to deposit a sum of money as provided under Section 47 (1) (b) of the 1997 Constitution. Having examined the said Clause and reviewed the evidence presented before it, the Committee noted in its opinion that there is a need for an amendment to the sum on the deposit for the candidates vying for the Presidency and other elective positions. He said the Committee proposes that Clause 43 stands as part of the Bill with the following amendment.
It added that the sum proposed under Clause 43 (1) be amended as Clause 43 (1) (a) D1,000,000 for Presidential candidates; Clause 43 (1) (b) D10,000 for National Assembly candidates; Clause 43 (1) (c) D6,000 for Mayoral or Chairperson candidates; and Clause 43 (1) (d) D3,000 for candidates for Local Government Elections.
On Clause 42 which deals with “nomination times and criteria,” Hon. Touray informed his colleagues that it outlines the criteria, procedure, and time for nomination of candidates. Having examined the said Clause and reviewed the evidence presented before it, the Committee observed that there is a need for certain amendments to the said Clause.
On recommendations from the committee, he said they proposed for Clause 39 to stand as part of the Bill with the amendment of the time for nomination under Clause 42 (1) be made to commence at 8:00 am and end at 4:00 pm, other provisions regarding nomination and voting time shall accordingly apply; the number of “nomination votes” required under Clause 42 (2) be amended as Clause 42 (2) (a) on Nomination to the Presidency be raised to 10,000 voters with at least 500 voters from each administrative area; Clause 42 (2) (b) on the nomination for a Member of the National Assembly be maintained at 300 voters from within the constituency; and Clause 42 (2) (c) on the nomination of Mayor or Chairperson, be reduced from ‘not less than one hundred voters’ to ‘not more than 1000 voters’ from within the administrative area.
After a lengthy debate among members, the Bill was subsequently adopted by the National Assembly and now awaits consideration by the committee of supply of the National Assembly.
