Application of Code of conduct Article. 221
(1) The provisions of the code of Conduct set out in section 222 shall apply to persons who hold public office or hold office in a public service, members and the staff of local government authorities and public enterprises, and members of a disciplined force (each of whom is in this Chapter referred to as a â€œpublic officerâ€).
(2) The failure on the part of a public officer to observe a provision of this Code shall not, of itself, render that officer liable to any civil or criminal proceedings in any court, but any such failure may â€“
- in any proceedings in the National Assembly under this Constitution, or any disciplinary proceeding against a person, be taken into account in determining any question at issue in those proceeding;
- in any proceedings before a court, be admissible in evidence and, if the provisions of the Code appear to the court to be relevant to any question arising in the proceedings, it may be taken into account in determining that question.
(3) An Act of the National Assembly may make provision -
- for the modification of the Code of Conduct; or
- the adoption of supplementary codes of conduct by the judicial service Commission, the public Service commission, the competent authority of any public service or the disciplinary authorities of any disciplined force.
The Code of Conduct Article. 222
The Code of Conduct is as follows:
THE CODE OF CONDUCT
In the performance of his or her duties, a public officer shall
observe the following rules:
DUTIES OF PUBLIC OFFICERS
(1) A public officer shall respect and comply with the law and shall conduct himself or herself at all times in a manner which promotes confidence in the integrity of public office.
(2) A public officer shall acquire such professional competence to enable him or her to perform the functions of his or her office with efficiency. He or she shall dispose promptly of the business of his or her office, shall devote adequate time to his or her duties, be punctual in attending work and expeditious in bringing to a conclusion any matter under his or her attention. A public officer shall require his or her staff to observe the same standards.
(3) A public officer shall not, in the course of his or her official functions and without lawful excuse, do or cause to be done any action which is prejudicial to the rights of any other person.
(4) In the exercise of his or her duties, a public officer shall avoid nepotism and favouritism.
(5) A public officer shall not encourage others to convey the impression that they are in a special position to influence him or her.
(6) A public officer shall take appropriate action with regard to contravention of this Code by members of his or her staff or others subject to his or her control.
(7) A public officer who does any act prohibited by this Code through an agent shall himself or herself be deemed to have done such act.
(8) A public officer who exercises judicial functions shall:
- maintain order and decorum in judicial proceedings before him or her;
- be patient, dignified and courteous to all litigants, witnesses, legal practitioners and others in the exercise of such functions, and shall require similar conduct from his her staff and others subjected to his or her control.
- Abstain from comment about the outcome of any pending or anticipated legal proceedings in any court in The Gambia and require similar abstention from his or her staff and others subject to his or her control;
(9) A public officer shall not hold more than one full-time public office in respect of which he or she is paid as a salary.
(10) A public officer shall not put himself or herself in a position where his or her personal interest conflicts with his or her duties or responsibilities.
(11) A public officer shall not ask for or accept any property or benefits of any kind for himself or herself or any other person on account of anything done or omitted to be done by him or her in the course of his or her duties. The receipt of any gift or benefit from or on behalf of a commercial firm, business enterprise or a person having or negotiating a contract with the government shall be deemed to be in contravention of this paragraph unless the contrary is established.
(12) A public officer shall only accept gifts or benefits from relatives and friends to such extent and on such occasions as are customary. However, the receipt of any gift or donation by a public officer on any public or official occasions shall, if surrendered to the office, department or agency represented by the public officer, not be treated as a contravention of this Code.
(13) A person holding an office in a public service or any disciplined force shall not-
- allow his or her political inclinations to interfere with the discharge of his or her official duties;
- be a member of, or take part in any association of persons which might prevent him or her from impartially discharging his or her duties; or
- take part in any activities which cast doubt on his or her capacity to deal impartially with matters or issues which are the concern of his or her public office or which interfere with the performance of his or her public duties.
Additional provisions relating to The President
(14) The President shall in person address the nation as and when necessary.
(15) The President shall undertake a nation-wide tour at least twice a year in order to familiarise himself or herself with current conditions and the effect of government policies.Declaration Of assets Article. 223.
(1) A public officer to whom this section applies shall submit to the Ombudsman a written declaration of all property and assets owned by him or her, and of liabilities owed by him or her, whether directly or indirectly-
- within six months of the coming into force of this Constitution;
- at the end of every two years;
- on ceasing to hold public office.
(2) A false statement in any such declaration shall be deemed to be a contravention of the Code of Conduct set out in this Chapter.
(3) A declaration made under sub-section (1) shall be produced if required-
- in proceedings before a court of competent jurisdiction, other than a district tribunal;
- in proceedings before a Commission of Inquiry appointed in accordance with this Constitution; or
- in disciplinary proceedings or proceedings against any person in accordance with this Constitution.
(4) Any property or assets acquired by a public officer after an initial declaration of assets required by subsection (1) which is not attributed to his income from his public officer or other permitted employment, personal gifts as permitted by the Code of Conduct, inheritance or a loan or investment (including any savings scheme) on ordinary commercial terms shall be prima facie evidence of having been acquired, and in the absence of a credible explanation by the public officer concerned maybe deemed to have been acquired, in contravention of the Code of Conduct and shall render the public officer liable-
- in the case of a public officer in a public service or who is subject to other disciplinary procedures, to disciplinary action by the appropriate person or authority; or
- in any other case, to removal from office or, as the case may be proceedings for removal, as provided by this Constitution or any other law.
(5) The Ombudsman shall submit his or her declaration of assets to the Finance and Public Accounts Committee of the National Assembly.
(6) This section applies to all public officers other than members of the public service, the staff of a local government authority or public enterprise or members of a disciplined force, below such position or rank as may be prescribed by or under an Act of the National Assembly.
Ombudsman to Report contravention of Code of Conduct Article. 224.
Where, in the course of any investigation, it appears to the Ombudsman that there has been a contravention of the Code of Conduct set out in this Chapter, he or she may-
(a) in the case of a public officer in a public service or who is subject to other disciplinary procedures, refer the matter to the appropriate disciplinary authority; or
(b) in any other case, refer the matter to the authority having power to remove the public officer from office or, as the case may be, to the National Assembly.
Payment of Taxes Article. 225.
The holder of a public shall promptly pay all taxes due from him or her, and he or she shall, when required, provide evidence of such payment when required, provide evidence of such payment.