GAMBIA GOV’T G.O 03105, WHICH PROHIBITS PUBLIC OFFICIALS FROM ACCEPTING OFFICIAL POSITIONS FROM POLITICAL PARTIES!

Lawyer Mai Fatty GMC leader, Henry Gomez GPDP leader including Dembo By-force UDP National President should refund and pay back to the treasury (Consolidated Revenue Fund) all remuneration package or emoluments including travels and any fringe benefits paid to them for deployment to Foreign Service and Presidential Adviser?

Their remuneration (anyone paid or being paid in official capacity as “Presidential Adviser” or “Foreign Services civil service position”) should cease immediately and for attention of the Auditor General, Ministry of Finance, Ministry of Justice and Office of the President as misappropriation of Public coffers!

Cabinet (especially VP, Minister or Secretary of state) are ok according the Gambia Constitution but any “Presidential Adviser and  deployment of foreign services” are under the Civil or Public service through Secretary General and paid remuneration from the Consolidated Revenue Fund budgeted as Taxation.

Got Questions check these RELEVANT Sections Of The Gambia Constitution?

1. Public Servant
Section 169 subsection (2) What “Public Servant” means?
SECTION
169. Protection of public servants

Section 166 subsection (2)
In this section, “public servant” means a person holding an office in a public service; a person in the service of a local government authority, and a person in the service of a Public Enterprise.

2. Holding “Political party Office” versus “Public Servant” or “Public Service”
Section 170 subsection (1)?
SECTION
170. Restriction on political activities of public servants

(1) A person holding an office in a public service shall not hold office in any political party.

(2) Any person who holds an office in a public service who wishes to contest an election for a political office shall, prior to nomination as a candidate, obtain one year’s leave of absence without pay, which leave shall not unreasonably be refused.”

NOTE INTERPRETATION
PART 2: GENERAL

SECTION
230. Interpretation

(1) In this Constitution, unless a contrary intention appears –

An Act of the National Assembly” includes an Act of parliament established under any previous Constitution of The Gambia and a Decree of any former government.

“the public service” means subject to subsection (3) and (4) of section 166 a service declared to be, or established as, a public service by or under that section;

AS FOLLOWS;
CHAPTER XI: THE PUBLIC SERVICE

PART 1: Offices in the public service

SECTION
166. The Public Service

(1) Subject an Act of the National Assembly, the Public Service of The Gambia shall comprise the civic service as established immediately before this Constitution comes into force and the offices declared elsewhere in this constitution to be offices in the public Service.

(2) Subject to this Constitution, acts of the National Assembly may provide for the establishment and regulation of separate public services of The Gambia (which may include common services for the staff of local government authorities or the staff of Public Enterprises). Any such Act shall include provision for-

(a) the appointment or election of a competent authority for the administration of the particular public service;

(b) the functions and membership of the service, and may provide for an appointing authority other than the Public Service Commission for the service. Any such particular public service shall form part of the public service of The Gambia.

TAKE NOTE OF THESE SPECIFIED OFFICE OR POSITIONS OF SECTION 166 subsection (3) and (4)!
(3) For the avoidance of doubt, it is hereby declared that an office in the public service includes the office of judge of a superior court, and of any other court that emoluments of which are payable out of any public fund of The Gambia, and the office of a principal representative of The Gambia abroad.

(4) In this Constitution, an office in the public service DOES NOT INCLUDE-

(a) the offices of President, Vice President, Speaker or Deputy Speaker of the National Assembly, Secretary of state or a member of the National Assembly:

(b) the offices of a member of any commission (other than a commission the members of which are hereby or by an Act of the National Assembly declared to hold an office in the Public Service), or a member of the Advisory Committee on the exercise of the prerogative of mercy or the Advisory Committee on the conferment of honours.”

“LET JUSTICE GUIDE OUR ACTIONS” “TOWARDS THE COMMON GOOD”!

Thanks for the terrific work you are doing with compatriots, especially “true patriots” for The Gambia Our Homeland.

Aluta Continua to make The Gambia great!

Written By Pappa Ousman Lowe

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