By Bubacarr Drammeh
The local government elections are edging closer. Neither the political parties nor the people in their respective localities seem to appreciate the full prestige of local governments. Most of the aspirants for the local government offices, and the electorates at large, underestimate the powers, roles and functions of local governments. The general incredulity and indifference would lead to the elections of unqualified people into these all too indispensable democratic institutions. Misrepresentation or underrepresentation in the closest representative institutions to the people would, undoubtedly, be catastrophically devastating to underdeveloped local communities.
Local government administration is established by the Constitution of The Gambia “with a high degree of local autonomy.” The National Assembly of The Gambia is directed by Section 193 (3) of the Constitution to make provisions for the functions, powers and duties of local government authorities. The constitution emphasized that the National Assembly must legislate on following: infrastructure and development, commercial enterprises, participation of the inhabitants in the development and administration of the area, essential and other services to be provided by the authority, raising of local revenue, management, control and oversight of the authority’s finances, making of by-laws, preservation of the environment, promotion of Gambian traditions and culture, and control of financial and other resources allocated by the central government.
In fulfillment of this constitutional mandate, the Assembly passed the Local Government Act (the Act) that can be found in CAP 33:01, Volume 5, Revised Laws of The Gambia 2009. The Act gives the local government authorities general powers and specific powers within their jurisdiction. These powers shall be exercise by a Council. The composition of the Council as per Section 11 of the Act shall be a Chairperson; a member from each Ward; a Seyfo representative or an Alkalo representative in case of municipalities, a Chief Representative, a youth, a woman (in the event all other members are not at least one third women), and other nominated members, who represent local, commercial and social interest groups (the nominated member must not represent no more than one fifth of the total number of individuals in the Council).
The general powers of the local government are stipulated in Section 48 of the Act. The Act empowers the Council to: exercise all political and executive powers and functions; provide services as it deems fit; promote, on a sound basis, community development and self-help; have power to perform such functions as are necessary to facilitate , or are conducive or incidental to, the discharge of any of its function; protect and promote the Constitution and other laws of The Gambia; promote democratic governance and ensure the implementation of and compliance with Government policy. Furthermore, Section 54 of the Act empowers the Council with legislative powers. This means that the Council is able to make laws. These laws must be in the form of by-laws and must not be inconsistent with the Constitution or Laws of the National Assembly.
The Act also empowers the Council with specific powers related to education, agriculture, natural resources, public and environmental health, roads, and land transactions. The Council in exercise of its specific powers has the ability to establish and monitor schools, establish a local educational committee and to set by-laws regarding school fees and maintenance. It is also charged with the overseeing and promotion of agriculture, within its jurisdiction. Furthermore, the Council is responsible for managing and protecting natural resources, educating the population on environmental conservation and creating awareness as to the importance of the environment and wildlife. In addition, it must promote and preserve the health of citizens living within its territory, by assisting in the development of health facilities, assuring that medical assistance is readily available and health care professionals are provided the support necessary to carry out their functions. Finally, the Council is also responsible for maintaining “secondary roads.”
Every Council shall be the planning authority for its area and may plan and implement any [programme] or project for developing the infrastructure, improving social services, developing human and financial resources and for the general [upliftment] of the community. It shall prepare a comprehensive and uninterrupted development plan for its area; co-ordinate all donor support; approve all project agreements; and perform such other functions as may be assigned to it.
Finally, the Second Schedule of the Act provided that there are certain powers that are reserved exclusively to Local Government. These powers are:
- The control of diseases.
- The quarantining of persons and livestock of all kinds.
- The prohibition, restriction and control of the carrying and possession of weapons other than firearms.
- The prohibition, restriction and control of the drinking, brewing, possession, sale, transport and distribution of native beer and wine, including palm wine.
- The prohibition, restriction and control of gambling.
- The registration and the enforcement of the registration of births, marriages, and deaths.
- The prohibition, restriction and control of hunting and fishing.
- The prohibition, restriction, regulation, control or doing of any matter or thing which is required by any customary law to be so prohibited, restricted., regulated, controlled, or done, and is not repugnant to morality or justice.
- Establish, acquire, erect, maintain, promote, assist or control with the participation of the citizens.
- Establish, maintain or control public parks, gardens and recreation grounds on any land vested in the Council.
- Prohibit, restrict, regulate or license.
- Layout and adorn any street, square or open space vested in the Council by the erection of statues, fountains or other structures or in any manner.
- Decorate streets and public buildings, erect shelters, temporary buildings, platforms, seats and other structures on public places.
- Clear, level and maintain public and unoccupied land taken on lease from a land board and to plant, trim, protect and remove, flowers, trees and shrubs in or from any public place.
- The control of pests of all sorts, including tsetse flies and mosquitoes, and weeds.
- The regulation of methods of husbandry.
- The prohibition, restriction and control of the planting, harvesting and possession of noxious or poisonous plants.
- The control of stray animals, the provision and management of pounds, the sale and destruction of such animals, and the regulation of payment of compensation for damage done by such animals.
- The control of the keeping and grazing in, and the movement in and into and out of the Council’s area, of livestock of all kinds.
- The control and regulation of the drying of hides and skins and the sale thereof.
- The taking of measures for the prevention, control and relief of famine.
- Sell all by-products resulting from the carrying on, by or on behalf of the Council of any works or services.
- Make provision for the return of destitute persons to their homes.
- Arrange for the insurance of all assets of the Council against financial risks of any kind to which the Council may be subjected.
- Provide gowns, chains and badges of office for Councilors and officers of the Council; Badges, medallions or scrolls for presentation to persons who have given meritorious service to the Councils, and floral tributes in memory of Councilors, officers of the Council and persons of note.
- Regulate, control, manage, administer, promote or license any of the things or services which the Council is required or empowered to do and establish, maintain, carryon, control, manage or administer, and prescribe the forms in connection therewith; and to fix fees or charges to be made in respect thereof.
- With the consent of a neighboring Local Government, render advice and or assist to control development and to administer town and country planning schemes in any area within an agreed distance from the boundaries of its jurisdiction.
- Provide, control and manage the following services: sporting and recreational facilities and programs of informal education for both adults and young people including the provision and running of community centers; the development of social work among adults; remedial social welfare programs aimed at the alleviation of social distress; the welfare of children; and public vehicle parking.
- Identify streets and other public places by assigning names thereto and to cause those names to be exhibited on posts or pillars or to be painted or otherwise exhibited on any building or other erection fronting.
- Number, or otherwise identify any buildings fronting on any street or other public place, and cause such identification to be exhibited on the buildings or require the owner thereof, at his own expense, to cause such identification to be exhibited on a building.
- Require the owner or occupier of any premises to remove or lower any fence or to remove, lower or trim any tree, hedge, or shrub overhanging any street or interfering with the passage of traffic or pedestrians, or any wires or other works or to require any owner or occupier to perform the removal, lowering or trimming which may be necessary for the maintenance of public safety or amenity or build and maintain the pavement bordering his or her property to the specifications, of the Council.
- Require the fencing or enclosing of plots and restrict the use of barbed wire, broken glass or any similar substance on fences and walls.
- Preserve public decency, and to prevent offences against public order in streets and public places, and to prevent damages to or defacement of property of the public or of the Council.
- Prevent and extinguish fires, to remove buildings in order to prevent the spread of any fire and to compensate the owner of any building removed.
- Establish, maintain, hire, support or control bands and orchestras and generally to provide for musical entertainment at public places and functions.
- Undertake private works and services and to charge and recover costs thereon and contract out public services to the g private sector.
- At the request of the owner of the land situated within its area of jurisdiction construct, in such manner as the Council may think fit, by its servants or by contract, a foot way or pavement along any street contiguous (sic: contagious) with such land or vehicular crossings over any foot way or pavement and to recover the whole or any part of the cost of such construction including the cost of supervision, plant, machinery and tools from such owner in the manner as it may think fit.
- Initiate and contract twinning arrangements with International Local Governments or Local Authorities in consultation with the Secretary of State.
- Any other functions or service incidental to or connected with the above.
- Any other functions not reserved to the Central Government.