This question was put to Halifa Sallah, since he recommended constitutional reforms through constitutional amendments. He indicated the following:
A constitution is not a sacred document whose provisions are permanently engraved in letter and spirit for eternity. A constitution is meant to be reformed based on the dictates of necessity when circumstances and time demand for its review and the redressing of a shortcoming.
This is why every constitution has a chapter that deals with amendments. Every amendment should speak the language of purpose and necessity. Chapter 2, section 6 of the 1997 Constitution categorically states that it cannot be overthrown. Chapter 22, section 226, however conveys that the constitution can be amended either through the passing of a bill by the National Assembly and the assent of the President if the provision is not entrenched, or the approval of a Bill by three-quarters of the members of National Assembly and the holding of a referendum for the approval of the people by a majority of those who are registered as voters and the three quarters majority of those who actually cast their votes. This is the supreme law of the land as engraved in the 1997 constitution.
The Coalition and its flagbearer promised the Gabian people that they would initiate constitutional reform if they became victorious at the polls. The flagbearer of the Coalition is now the President of the Republic. In the same vein, the parties that were members of the Coalition and one now under the leadership of the flagbearer constitute three-quarter majority in the National Assembly.
Hence if the Coalition leaders are true to their promise, constitutional amendments that are reasonable, justifiable and purposeful should be made without delay. There is nothing stopping the leaders, the parties, the National Assembly members and the executive from doing so without any delay. The only factor that could stop them doing so could be lack of political will. Practice has already shown that constitutional amendments could be made and have been made. The facts are evident for every eye to see.
Since 2016, four constitutional amendments have been carried out. Five Bills have been passed by the National assembly and assented to be the President to amend the 1997 constitution.
The first bill has the object and reason of revoking the 65-year age limit for qualification to stand as president. This Bill also makes provision for a judge to retire at any time after attaining the age of seven-five years instead of sixty-five years.
The second Bill makes provision for the direct election of mayors and chairperson.
The third Bill had the object to prevent a member of the National Assembly from losing by no longer belonging to the party that sponsored his or her election.
The fourth makes a lawyer who has practised law in a commonwealth jurisdiction for at least five years to be qualified to be appointed as a high court judge.
The fifth makes provision for the Minister of Finance to lay the estimates of the revenue and expenditure before the National Assembly at least sixty days before the end of the year.
In short, five Bills making eight amendments were passed by the National Assembly and assented to by the President.
If these provisions could all be amended why should those who hold legislative or executive power waste any time in amending section 48 of the Constitution to introduce more than 50 percent of the votes cast before one could be declared elected as president, which does not require a require a referendum. Introduce
What stops them from amending section 63 to introduce two term limit; introducing one-third quota for women representation in the cabinet, National Assembly and local council membership; eliminating all restriction on participation in elections of public servants and Gambians living in the Diaspora and such other amendments that would serve the national interest.
Constitutional reform is not only possible but it is urgent to undertake to redress its weaknesses that are reasonable and justifiable to redress. This is how matters stand, Halifa Sallah concluded.
