Sunday, July 21, 2019

Who is not qualified to stand for mayorship?


Question of the day

Foroyaa has already published the conditions imposed in determining who is qualified in standing for the position of Mayor/Chairperson of councils. However qualification provisions must be read in conjunction with the provisions dealing with disqualification. A person is considered to be disqualified from standing as a candidate in a council election if the following obtains:

“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;

(b) Has been sentenced to death or imprisonment for an offence involving fraud, dishonesty or violence or has been convicted of an offence relating to or connected with elections under any enactment in force in The Gambia at the time;

(c) Being a professional person, he or she is disqualified from practising his profession on grounds of malpractice, fraud or dishonesty by the competent professional body;

(d) Is a person exempted from payment of rates under any enactment;

(e) is a member of a disciplined force;

(f) is a Member of the National Assembly;

(g) A District Seyfo or an Alkalo, except a District Seyfo or an Alkalo selected pursuant to section 11 (1 )(c) of this Act;

(h) Is an undercharged bankrupt;

(i) Is a person holding judicial office; or

  1. j) Is a member of the Independent Electoral Commission.

(4) Subsections (1) (c) and (2) of this section shall not apply to the Chairperson.

(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.

(6) Notwithstanding paragraph (b) or (c) of subsection (3) of this section, a person shall qualify to be elected or nominated to a Council if ten years have elapsed since the end of the sentence or disqualification or if he or she has been pardoned.

(7) No person shall –

(a) Be eligible for election to a Council for more than three terms of office;

(b) Be eligible for nomination to a Council for more than two consecutive terms of office; or

(c) At anyone time, be a member of more than one Council.

(8) A Councillor shall hold office for a term of four years and is eligible for re-election.

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