The Gambia 1996 Constitution (reviewed 2018) - Page 26 of 26

Table of Contents

SECOND SCHEDULE. TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

1. Interpretation

In this Schedule, “existing” means in being, or as the case may be, having the force of law, immediately before the coming into force of this Constitution.

2. Election of first President

Notwithstanding any other provision of this Constitution, the person duly elected President of The Gambia in accordance with the Electoral Decree, 1996 shall be the first President of the Second Republic of The Gambia and shall assume office as President on the date he or she is sworn in. The first President shall hold the office of President in accordance with the provisions of this Constitution. This Constitution shall come into effect upon swearing-in of the first President.

3. Elections to the National Assembly

The register of voters established by the Electoral Decree, 1996 shall be deemed to have been compiled in accordance with an Act of the National Assembly made for the purposes of section 41 until it is replaced by a register of voters so compiled.
The Provisional Independent Electoral Commission established by the Provisional Independent Electoral Commission Decree, 1996 shall, until the members of the Independent Electoral Commission are appointed in accordance with section 42, exercise the functions and powers of the Independent Electoral Commission.

4. First constituency members of the National Assembly Notwithstanding any other provision of this Constitution, the National Assembly constituencies established by the Electoral Decree, 1996 shall, until other provision is made in accordance with Chapter V of this Constitution, be deemed to be constituencies for the purposes of the Constitution and the persons duly elected as members of the National Assembly for those constituencies in accordance with the said Electoral Decree 1996 shall be deemed to have been elected as such members for their respective single member constituencies. Such members shall hold their seats in accordance with the provisions of this Constitution

5. First meeting of the National Assembly

The President shall appoint a person to be the acting Clerk of the National Assembly until an appointment to that office is made in accordance with the provisions of this Constitution.
The Standing Orders of the House of Representatives established under the Constitution of The Gambia, 1970, shall, in so far as they are not inconsistent with this Constitution, constitute the Standing Orders of the National Assembly until the National Assembly makes other provision in accordance with section 108 of this Constitution.

6. Existing law

Where any matter that fails to be prescribed or provided for under this Constitution by an Act of the National Assembly or by any other authority or person, is prescribed or provided for by or under any existing law (including any Decree) or is otherwise lawfully prescribed or provided for immediately before the coming into force of this Constitution, that prescription or provision shall, as from the coming into force of this Constitution, have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution as if it were made under this Constitution by an Act of the National Assembly or, as the case may be, by the other authority or person.
Where, immediately before the coming into force of this Constitution, any existing law had not been brought into force or was to come into force on a date subsequent to the coming into force of this Constitution, the law may be brought into force in accordance with its terms, or it shall come into force on such subsequent date, as the case may be, in so far as it is not inconsistent with this Constitution.
Subject to subparagraph (4) and to it being consistent with this Constitution, in any existing law-
1. a reference to the exercise of a legislative function (other than a power to make subsidiary legislation) by the Government or the Armed Forces Provisional Ruling Council shall, after the coming into force of this Constitution, be read as a reference to the exercise of that function by an Act of the National Assembly;
2. a reference to a power to make subsidiary legislation by the Government or the Armed Forces Provisional Ruling Council shall, after the coming into force of this Constitution, be read as a reference to the President or to such Secretary of State or other authority as the President may by Order, published in the Gazette, direct;
3. a reference to the exercise of an executive function by the Government, or any function (other than a legislative function) or power by the Armed Forces Provisional Ruling Council or the Chairman thereof, shall, after the coming into force of this Constitution, be read as a reference to the exercise of that function or power by the President.
The President may, by Order published in the Gazette and made with the approval of the National Assembly, at any time within twelve months of the coming into force of this Constitution make such provision as may appear necessary for repealing, modifying, adding to or adapting any existing law for bringing it into accord with the provisions of this Constitution.

7. The Court

The High Court established by this Constitution shall be the successor of the existing Supreme Court and-
1. proceedings commenced in the existing Supreme Court may be continued before the same judge in the High Court without any break;
2. after the coming into force of this Constitution, the judgements, decrees and orders of the existing Supreme Court shall continue in force and shall be given effect as if they were the judgements, decrees or orders of the High Court.
The existing Court of Appeal shall be deemed to have been established by this Constitution.
Until the Supreme Court is established in accordance with this Constitution-
1. the jurisdiction and powers of the Supreme Court under section 127 shall be exercised by the Court of Appeal; and
2. appeals shall continue to lie to the Judicial Committee of the Privy Council according to the existing law, and where any appeal, or petition for special leave to appeal, is entered with the Privy Council before the establishment of the Supreme Court, the proceedings may continue, and effect shall be given to any judgement or order of the Judicial Committee in such proceedings, according to the existing law.
Subject to the foregoing provisions of this paragraph, where any proceedings have been commenced before the coming into force of this Constitution in any existing court, they may be continued and concluded before the corresponding court as established or recognised by this Constitution, and judgements, decrees and orders of any existing court shall be given effect as the judgement, decrees and orders of such corresponding court.

8. Judges

The Justices of the existing Court of Appeal shall be deemed to have been appointed as Justices of the Court of Appeal as established by this Constitution.
The Justices of the existing Supreme Court shall be deemed to have been appointed as Justices of the High Court as established by this Constitution.

9. Existing offices

Subject to the other provisions of this Schedule, where any office has been established by or under an existing law and this Constitution establishes or provides for the establishment of a similar or corresponding office, any person who, immediately before the coming into force of this Constitution holds or is acting in the former office shall, in so far as it is consistent with this Constitution, be deemed as from the coming into force of this Constitution to have been appointed, elected or otherwise selected to or to act in the latter office:Provided that-
1. any person who, under the existing law, would have been required to vacate his or her office at the expiration of any period or the attainment of any age shall vacate his or her office on the expiry of that period or on the attainment of that age;
2. nothing in this paragraph affects the power of any person or authority under this Constitution to make provision for the abolition of any office or the removal of any person from office or to require any person to retire from office;
3. nothing in this paragraph shall apply to the office of Minister or Secretary General.
For the purposes of any law relating to pensions or other retirement benefits, the continuity of service of any person holding a public office shall not be affected by the coming into force of this Constitution.
Any person who, by virtue of this paragraph, is deemed as from the coming into force of this Constitution to have been appointed, elected or selected to hold or act in any office shall, as soon as may be, take and subscribe the prescribed oaths.

10. Financial provision

The Consolidated Revenue Fund and the Contingency Fund in existence immediately before the coming into force of this Constitution, shall, until otherwise provided by law, continue in existence as the Consolidated Fund and the Contingency Fund referred to in sections 150 and 154 of this Constitution.
Subject to this Constitution, every payment required or authorised to be made into a public fund or out of a public fund under any law in force immediately before the coming into force of this Constitution shall continue to be made into or out of that fund.
The financial estimates for the financial year in being at the coming into force of this Constitution shall, until provision is otherwise made by an Act of the National Assembly, continue and shall have full effect.

11. Savings of Commissions of Inquiry Established During the Period Commencing 22nd July, 1994, up to the coming into Force of this Constitution

Where any order, penalty or investigation has been made or commenced before the coming into force of this Constitution by any person or authority that has power for that purpose under any Decree establishing any Commission of Inquiry, that penalty, order or investigation may be carried on and be completed by the person or authority having power for the purpose after the coming into force of this Constitution, and it shall not be necessary for the person or authority to commence the investigation or make the Order or Penalty afresh.
For avoidance of doubt, any Commission of Inquiry established in accordance with a Decree of the Armed Forces Provisional Ruling Council before the coming into force of this Constitution shall continue to exist and shall exercise their functions in accordance with the Orders establishing them.
Any Order, Ruling, finding of fact, seizure, sale or alienation of property or penalty imposed or thing done by or carried out under the authority of any Commission of Inquiry established in accordance with a Decree of the Armed Forces Provisional Ruling Council shall not be questioned or reversed by any Court or other authority under this Constitution or any other law.

12. Succession to property

As regards any property, assets or obligations-

the President shall be the universal successor as respects the office of a former President of The Gambia as established under any previous Constitution; and
the Government shall be the universal successor to a former Government of The Gambia as so established and to the Armed Forces Provisional Ruling Council.

13. Legal Proceedings

No member of the Armed Forces Provisional Ruling Council, any person appointed Minister by the Armed Forces Provisional Ruling Council, or other appointees of the Armed Forces Provisional Ruling Council shall be held liable either jointly or severally for any act or omission in the performance of their official duties during the administration of the Armed Forces Provisional Ruling Council.
After the coming into force of this Constitution, it shall not be lawful for any court or tribunal to entertain any action or take any decision or make any order or grant any remedy or relief in any proceedings instituted against the Government of The Gambia or any person acting under the authority of the Government of The Gambia, or against any person or persons acting in concert or individually to assist or bring about the change in Government which took place on the twenty second day of July 1994, in respect of any act or omission relating to, or consequent upon:
1. the overthrow of the government in power before the formation of the Armed Forces Provisional Ruling Council; or
2. the suspension or abrogation of the Constitution of The Gambia 1970; or
3. the establishment of the Armed Forces Provisional Ruling Council; or
4. the establishment of this Constitution.
For the avoidance of doubt, it is declared that no action taken purported to have been taken in the exercise of the executive, legislative or judicial power by the Armed Forces Provisional Ruling Council or a member thereof, or by any person appointed by the Armed Forces Provisional Ruling Council in the name of the Armed Forces Provisional Ruling Council except judges of the Supreme Court or the Court of Appeal, shall be questioned in any proceedings whatsoever and, accordingly, it shall not be lawful for any court or tribunal to make any order or grant any remedy or relief in respect of any such act.The provisions of subparagraph (3) shall have effect notwithstanding that any such action as is referred to in that subparagraph was not taken in accordance with any procedure prescribed by law.
It shall not be lawful for any court or tribunal to entertain an action instituted in respect of an act or omission against a person acting or omitting to act on the instructions or authority of the Armed Forces Provisional Ruling Council, or a member thereof, and alleged to be in contravention of any law, whether substantive or procedural, in existence before or during the administration of the Armed Forces Provisional Ruling Council.

14. Preservation of Confiscation and Penalties imposed by the Armed Forces Provisional Ruling Council

Any confiscation of any property or any other penalties imposed by the Armed Forces Provisional Ruling Council or the Chairman thereof shall not be questioned or reversed by any Court or other authority under this Constitution or any other law.

15. Abrogation of 1970 Constitution

The Constitution of The Gambia, 1970, Act No. 1 of 1970, is hereby abrogated.

16. Substitution of life imprisonment for death penalty

Where any law makes provision for a sentence of death in any case other than that provided for in section 18(2), the law shall have effect as if imprisonment for life were substituted for that penalty.