WHAT DOES THE CONSTITUTION SAY REGARDING THE APPOINTMENT OF MINISTERS?

41

Section 71 subsection (2) of the Constitution states:

“A person shall not be qualified to be appointed, or hold the office of a Minister if, he or she is a member of the National Assembly or if he holds the citizenship or nationality of any country other than The Gambia….”

This is what the Constitution says. However Gambians who are to come up with a new constitution should reflection on the provisions of the Constitution and sort out what we can all defend.

It is interesting that section 12A allows dual citizenship. It states:

“A Citizen of The Gambia who acquires the citizenship of anoter country may, if he or she so desires, retain his or her citizenship of The Gambia….”

Furthermore, section 26 paragraph (b) of the Constitution accords citizens political rights. It states

“Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions, to vote and stand for elections at genuine periodic elections for public office, which elections shall be by universal and equal suffrage and be held by secret ballot.”

This means that a Gambian has the right to elect another or stand for election as president, member of the National Assembly or councillor. Now, bearing in mind that a new constitution may soon be on the offing, Gambians need to debate whether it is reasonable and justifiable to restrict one with dual citizenship from holding the position of president, vice president or minister which is the provision of sections 62, 70 and 71 of the Constitution respectively.