Chapter V: Leadership and Integrity
1. Overview:
• Purpose: Chapter V of the 2020 Draft Constitution of The Gambia outlines the roles, responsibilities, and ethical obligations of public officers and institutions to ensure transparent, accountable, and integrity-driven governance.
• Scope: Applies to all public offices and officers, both in public and private roles related to public interest. This includes every citizen or person with responsibilities involving the state or public interest.
2. Guiding Principles:
• The chapter sets forth several guiding principles aimed at ensuring that public office holders and public authorities maintain the highest standards of integrity. These principles include:
• Public trust: Authority and responsibility must be exercised as a privilege in the public interest.
• Respect for people and rule of law: Uphold the rule of law and bring honor to the office and the nation.
• Accountability: Public officers are accountable to the citizens and must act in ways that promote public confidence.
• Selflessness and honesty: Serve based solely on the public interest, demonstrating honesty in executing duties, and declaring any personal interests that may conflict with public duties.
3. Responsibilities of Leadership (Section 24):
• Public office is a privilege and must be exercised in a manner that:
• Upholds the purposes of the Constitution.
• Demonstrates respect for the people and the rule of law.
• Brings honor and dignity to the office.
• Promotes public confidence.
• Leaders must ensure transparency in decision-making, avoid nepotism, favoritism, and corruption, and always act with selfless service.
4. Conduct of Public Officers (Section 25):
• Public officers must avoid conflicts between personal and public interests.
• They should not compromise official responsibilities for personal gain or bring their office into disrepute.
• Before assuming office, public officers must subscribe to the prescribed oaths of office.
5. Financial Probity (Section 26):
• Gifts and donations: Public officers must deliver any gifts or donations received in an official capacity to the State.
• Public officers should not seek personal loans or benefits that may compromise their integrity.
6. Restrictions on Public Officers (Section 27):
• Full-time public officers are prohibited from engaging in gainful employment outside their official duties, unless explicitly exempted by law.
• Public officers cannot hold leadership positions in political parties, except in specific circumstances.
• Retired public officers receiving a pension from public funds cannot hold more than two remunerative positions in public bodies or agencies.
7. Consequences for Violations (Section 29):
• Violating the Constitution results in disciplinary actions, which may include dismissal or removal from office.
• Public officers who are dismissed are disqualified for lifefrom holding other public offices, unless otherwise specified by law.
• Other persons involved with public institutions in cases of violations will have their relationship terminated and can face recovery actions for any losses incurred.
8. Legislation on Leadership (Section 30):
• The National Assembly is mandated to pass legislation that strengthens and enforces the provisions of this chapter. This includes creating penalties for contraventions and developing mechanisms for promoting leadership and integrity principles.
What you need to know:
• This chapter aimed to safeguard ethical governanceenforcing strict rules on leadership conduct, financial integrity, and public accountability.
• However, Its removal in the 2024 Draft Constitution represents a significant departure from the 2020 Draft’s robust focus on anti-corruption and leadership ethics.
• Current Status: This chapter has been removed from the 2024 draft constitution proposed by the executive. The implications of this change may impact the commitment to leadership integrity and accountability mechanisms in the public sector.
By Khadijah Sey Saweneh & Yankuba Corr
Researchers