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Gambia’s Quest for Effective Anti-Bribery Laws: A Step Towards Transparency

By Michael O. Davies, anti-corruption practitioner

The Gambia has been on a nine-year journey to reform its anti-corruption legislation, aiming to establish an effective and efficient legal framework that curbs bribery and other forms of corruption in the public and political sectors. Despite these efforts, corruption remains a significant challenge in the country.

Independence of the Anti-Corruption Commission (ACC)

One of the key issues is the independence of the ACC to prosecute corruption cases. The current draft law provides for the ACC’s powers of prosecution, but also requires prosecutors to obtain the consent of the Attorney General (AG) before initiating proceedings. This has raised concerns about delays and potential interference in the prosecution process.

  • I propose two options:
    • The AG should be informed of intended prosecutions and have a limited time frame to advise on any legal impediments.
    • The Minister and Members of the National Assembly could clarify that Section 76(1) does not intend to delay prosecutions beyond a few weeks.
  • Additionally, the ACC’s annual report should comment on the operation of this provision and its impact on the prosecution process.

Resources and Expenditure of the Commission

Another critical aspect is the resources and expenditure of the Commission. The draft law provides for funding and discretion over the use of funds, but raises concerns about the adequacy of resources. Until the ACC becomes operational, there will be no proceeds to fund its activities.

  • I propose that the National Assembly raise two points during debate:
    • The start-up requirements and limited effectiveness of ACC’s power to recover 10% of monies recovered through court proceedings.
    • The adequacy of funding should be commented upon in the annual reports of the ACC.

Government Efforts and Future Directions

The Government of The Gambia deserves praise for delegating law enforcement powers to the ACC, which has helped to gain public confidence. However, it is crucial that the AG’s role is clarified and that the Commission has the necessary resources to effectively prosecute corruption cases.

Conclusion

While there are still many challenges ahead, I believe that with careful consideration of these issues, The Gambia can establish a robust anti-corruption framework that promotes transparency and accountability.