Gambia (The)

Section 26 states:

Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions:…

• (b) to vote and stand for elections at genuine periodic elections for public office…

Section 39, subsection 1 states:
Every citizen of The Gambia being of eighteen years or older and of sound mind shall have the right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.

Section 39, subsection 3 states:

Every citizen of The Gambia being of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter and any Act of the National Assembly providing for such elections, to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident.

Section 64 states:

Whenever the speaker has requested the Chief Justice to appoint a Medical Board in accordance with section 66, to enquire into the alleged mental or physical  incapacity  of  the  president  to  discharge  the  functions  of  his  her office, those functions shall be performed by the Vice-President or, if he or she is for any reason unable to perform those functions, by the speaker, until the Medical Board has submitted its report:  Provided that the Vice President or the Speaker shall not take or subscribe any oath or the due execution of the office of President.

Section 66 states:

(1) Where the Speaker receives a notice in writing signed by not less than one half of all the members of the National assembly alleging that the President is, by reason of infirmly of mind or body, incapable of discharging the functions of his or her office, and giving particulars of the alleged incapacity, the Speaker shall request the Chief Justice to constitute, on the recommendation of the head of the medical services of The Gambia, a Medical Board comprising at least five independent medical practitioners of appropriate standing.

(2) The Board shall enquire into the matter and make a report to the Chief Justice stating the opinion of the Board whether or not the President is, buy reason of infirmity of mind or body incapable of discharging the functions of the office of President. The President, and if he or she so wishes, his or her one medical adviser may appear, and shall have the right to be heard, before the board. 

(3) Where the Board reports that the President is incapable of discharging the functions of his or her office by reason of infirmity of mind or body, the Chief Justice shall submit the report to the Speaker, who shall, if the National Assembly is not sitting, summon the National assembly to meet within seven days.

(4) The members of the National Assembly shall deliberate on the report and vote on it and the President shall only be removed where two thirds of the members present and voting, vote for his removal…

Section 70 states:

…(4) The provisions of section 66 and 67 (which relate to removal for incapacity or misconduct) shall apply with the necessary variations to the office of Vice-President as they apply to the office of President

(5) The office of Vice-President shall become vacant…

• (d) on his or her ceasing to hold office under the provisions of section 66 or 67

Section 84, subsection 5 states:

A person holding the office of Director of Public Prosecutions may be removed from office only for inability (whether by reason of infirmity of mind or body or any other cause) to perform the functions of his or her office, or for misbehaviour or incompetence.

Section 90, subsection 1 states:

No person is qualified for election as a member of the National Assembly if he or she-…

• (b) is adjudged under any law of The Gambia to be of unsound mind…

Section 92, subsection 2 states:
An Act of the National assembly may, in order to permit any member who has been- …

• (c) adjudged to be of unsound mind; … to appeal against any such decision in accordance with any law, provided that, subject to such conditions as may be specified, the decision shall not have effect for the purposes of this section until such time as may be so prescribed.

Section 140 states:

In the event of there being a vacancy in the office of the Chief Justice, or if he or she is, for any reason unable to perform the functions of his or her office, the President may appoint the most senior judge of the Supreme Court to act in that office-

• (a) until a person has been substantively appointed to, and assumed the functions of that office; or
• (b) until the Chief Justice has resumed the functions of his or her office, as the case may be. A vacancy in the office of chief justice shall be filled by a substantive appointment within six months.

Section 141 states:

…(4) The Chief Justice, a justice of the Supreme Court, the Court of Appeal and the High court and members of the Special Criminal Court may only be removed from office for inability to perform the functions of his or her judicial office, whether arising from infirmity of body or mind, or for misconduct.

(5) A judge may be removed from his or her office if notice in writing is given to the Speaker, signed by not less than one-half of all the voting members of the National Assembly, of a motion that judge is unable to exercise the functions of his or her office on any of the grounds stated in subsection (4) and proposing that the matter should be investigated under this section…

Section 145 states:

…(6) A member of the Commission (other than an ex officio member) may be removed from office by the President with the approval of the National Assembly, but may only be removed for inability to exercise the functions of his or her office (whether arising from infirmity of mind or body or for any other cause) or for misbehaviour. A member shall be entitled to be heard in person or by a legal representative against any proposal to remove him or her.

(7) If a member of the Commission is, for any reason, unable to exercise the functions of his or her office for a limited period, the President, acting in accordance with the advice of the Chief Justice, may appoint a person similarly qualified to act in his or her place…

Section 158, section 5 states:

A person holding the office of Auditor General may be removed from office only for inability to perform the functions of his or her office (whether from infirmity of mind or body or from any other cause) or for misbehaviour or incompetence.

Section 162 states:

…(4) Any Director may be removed from office by the President if-

• (c) he or she is unable to perform the functions of his or her office due to infirmity of mind or body or for any other cause…

(5) A Director shall have the right to be heard in person or by his or her legal representative against any proposal to remove him or her.

(6) Where a Director is, by reason of illness which is believed to be of limited duration, unable to perform the functions of his or her office, the President may appoint a suitably qualified person to act for such Director…

Section 164, section 6 states:

An Ombudsman or deputy Ombudsman may only be remove from office by the President for inability to discharge the functions of his or her officer (where arising from infirmity of mind or body or from any other cause) or for misconduct, and shall not be remove unless the National Assembly has appointed a tribunal to investigate the case and his or her removal has been approved by resolution of the National Assembly supported by the votes for not less than two-thirds of all the members of the National Assembly. The Ombudsman or a deputy Ombudsman shall have the right to be heard and to be legally represented before the tribunal.

Section 172, subsection 6 states:
A member of the Public Service Commission may be removed from office by the President only for inability to perform the functions of his or her office by reason of infirmity of mind or body or any other cause, or for misconduct or incompetence.

Section 227, subsection 2 states:
Where in this Constitution power is vested in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself or herself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.

Excerpts from the Constitution of the Second Republic of the Gambia (1996, last amended 2001)

Section 13 states:

No person shall be entitled to have his name entered or retained on a register of voters if he is:…

• (c) a person adjudged to be of unsound mind or detained as a criminal lunatic under any law…

Section 17, subsection 3 states:
Where a claimant is incapacitated from affixing his signature or thumbprint on a form of claim, the election officer conducting the registration shall note such circumstances in the register of voters.

Section 60, subsection 3 states:

If any polling agent dies or becomes incapable of acting as such the candidate may appoint another polling agent in his place, and shall forthwith give to the Returning Officer notice in writing of the name and address of the polling agent so appointed.

Section 66, subsection 10 states:
Where a voter is incapacitated by blindness or other physical cause from recording his vote without assistance, the Presiding Officer or other election officer may accompany such voter into the screened compartment to assist him to record his vote.

Section 74, subsection 4 states:

If a counting agent dies or becomes incapable of acting as such, the candidate concerned may appoint another counting agent in his place, and shall immediately give to the Returning Officer notice in writing of the name and address of the counting agent so appointed.

Section 113, subsection 5 states:

The provisions of this section [regarding voting secrecy] shall not be construed to extend to any procedure prescribed for recording the vote of any voter who is incapacitated by blindness or other physical cause.

Excerpts from the Elections Decree No. 78 (1996)

Section 17 states:

(1) A person qualifies to be elected or nominated as member of the Council if he or she -

• (a) is a citizen of The Gambia and is not less than 21 years of age;
• (b) is a registered voter;
• (c) is ordinarily resident in the Local Government Area in which he or she seeks election;
• (d) is able to speak the English language with degree of proficiency sufficient to enable him or her to take part in the proceedings of the Council…

(3) A person shall not qualify to be elected or nominated as a member of a Council if he or she –

• (a) is of unsound mind;…

(5) Subject to subsection (3) of this section, no person shall be disqualified from being elected or nominated to a Council by reason only of his or her status, position, profession, religion, creed, ethnic origin, race, occupation, traditional standing, gender or physical disability.

Section 20, subsection 1 states:
a Chairperson may be removed from office by a Council by a resolution supported by two-thirds of all the members of the Council on any of the following grounds –

• …(d) such physical or mental incapacity as would render him or her incapable of discharging the duties of the office.

Section 20, subsection 7 states:
For the purpose of removing the Chairperson under paragraph (d) of subsection (1), the resolution submitted to the Deputy Chairperson under subsection (2) shall –

• (a) state that it is intended to remove the Chairperson on grounds of physical or mental incapacity; and
• (b) give particulars of the alleged incapacity.

Section 20, subsection 8 states:
In the case of removal under paragraph (d) of subsection (1), the Chief Justice shall, within seven days after the receipt of the notice transmitted under subsection (3), and in consultation with the Director of Medical Services, constitute a Medical Board comprising three qualified medical specialists –

• (a) to examine the Chairperson in respect of the alleged incapacity; and
• (b) report its findings to the Council.

Excerpts from the Local Government Act (2002)