Thursday, January 20, 2022

What Is The Relation Between Having A Criminal Record And Being Qualified To Stand For Election For A Council Seat?

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QUESTION OF THE DAY

The Local Government Act indicates who is or is not qualified to stand as a candidate for election for council seat. Section 17 subsections 3 (b) and (6) provides for disqualification on the basis of the following conviction on offence. Subsection (3)(b) states:

“A person shall not qualify to be elected or nominated as a member of a Council if he or she has been sentenced to death or imprisonment for an offence involving fraud, dishonesty or violence or has been convicted of an offence relating to or connected with elections under any enactment in force in The Gambia at the time.”

However, the provision mentioned is not absolute. Subsection (6) clarifies the position as follows:

“Notwithstanding paragraph (b) or (c) of subsection (3) of this section, a person shall qualify to be elected or nominated to a Council if ten years have elapsed since the end of the sentence or disqualification or if he or she has been pardoned.”

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