Political Finance Database

Section 104 – Participation of political parties in election

[…]

(7) A political party shall not receive any contribution from any person who is not a citizen of The Gambia, or from any corporate or unincorporated body.”

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).                                

Section 104 – Participation of political parties in election

[…]

(7) A political party shall not receive any contribution from any person who is not a citizen of The Gambia, or from any corporate or unincorporated body.”

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdfaccessed February 2018).  

PART VI - ELECTION CAMPAIGN

(b) Election Campaign Ethics

Prohibitions during election Campaigns

91. No candidate or political party shall, during an election campaign period,

(a) insult or slander another candidate;

(b) abuse or engage in the improper use of property of the Government for political propaganda purposes;

(c) campaign in public offices or educational institutions during working hours or hours of instruction.

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).                                

Power of Commission to make Rules

134.

[…]

(2) The Commission may make Rules generally for the better carrying out of the provisions of this Decree and shall in particular make Rules

[…]

(h) prescribing the amount of donations and gifts which a candidate or political party may receive with respect to any election;

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).                                

Power of Commission to make Rules

134.

[…]

(2) The Commission may make Rules generally for the better carrying out of the provisions of this Decree and shall in particular make Rules

[…]

(h) prescribing the amount of donations and gifts which a candidate or political party may receive with respect to any election;

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).     

Power of Commission to make Rules

134.

[…]

(2) The Commission may make Rules generally for the better carrying out of the provisions of this Decree and shall in particular make Rules

[…]

(h) prescribing the amount of donations and gifts which a candidate or political party may receive with respect to any election;

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).      

Power of Commission to make Rules

134.

[…]

(2) The Commission may make Rules generally for the better carrying out of the provisions of this Decree and shall in particular make Rules

[…]

(h) prescribing the amount of donations and gifts which a candidate or political party may receive with respect to any election;

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).      

Power of Commission to make Rules

134.

[…]

(2) The Commission may make Rules generally for the better carrying out of the provisions of this Decree and shall in particular make Rules

[…]

(h) prescribing the amount of donations and gifts which a candidate or political party may receive with respect to any election;

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).        

Power of Commission to make Rules

134.

[…]

(2) The Commission may make Rules generally for the better carrying out of the provisions of this Decree and shall in particular make Rules

[…]

(h) prescribing the amount of donations and gifts which a candidate or political party may receive with respect to any election;

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).  

PART VI - ELECTION CAMPAIGN

(a) Election Campaigning

Election campaign materials

86. (1) Upon the commencement of an election campaign candidates and political parties may, in addition to regular campaigning,

[…]

(b) make use of the press, radio, television and other media form;

[…]

(c) Use of Radio and Television

Air time on radio and TV

93. (1) The Commission shall, during an election campaign period, ensure that equal time is given to each candidate and national party on the public radio and television.

(2) The Commission shall, in compliance with subsection (1), determine the time to be allocated to each candidate and political party per day or such other period as the Commission may consider reasonable, taking into account the number of candidates and political parties making a request under subsection (3).

Use of private radio and Television stations

94. (1) Every candidate and political party shall Television stations enjoy the right to use private radio stations and television stations under the contract.

(2) A private radio station or television station shall, during an election campaign period, guarantee to each candidate and political party, in accordance with the principle stated in subsection (1). A minimum air time of five minutes.

Rates of air time

95. (1) Every radio station and television station, whether public or private shall, within seven days of a declaration being made under section 85, prepare and present to the Commission the rates they intend to charge for air time for candidates and political parties.

(2) Upon receipt of the rates, the Commission shall, if it considers it reasonable so to do, enter into negotiations with the persons concerned in the management of the radio stations and television stations for purposes of (a) finalising the rates; and (b) ensuring fairness in the distribution of air time.

(3) The Commission shall publish the rates agreed upon under subsection (2) and a copy of such rates shall be made available, free of charge, to each candidate and political party upon request. (4) A candidate or political party requesting to be given air time in pursuance of section 93 or 94 shall pay the rates published by the Commission under subsection (3).

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).  

PART VI - ELECTION CAMPAIGN

(a) Election Campaigning

Election campaign materials

86. (1) Upon the commencement of an election campaign candidates and political parties may, in addition to regular campaigning,

[…]

(b) make use of the press, radio, television and other media form;

[…]

(c) Use of Radio and Television

Air time on radio and TV

93. (1) The Commission shall, during an election campaign period, ensure that equal time is given to each candidate and national party on the public radio and television.

(2) The Commission shall, in compliance with subsection (1), determine the time to be allocated to each candidate and political party per day or such other period as the Commission may consider reasonable, taking into account the number of candidates and political parties making a request under subsection (3).

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).  

PART VI - ELECTION CAMPAIGN

(a) Election Campaigning

Election campaign materials

86. (1) Upon the commencement of an election campaign candidates and political parties may, in addition to regular campaigning,

[…]

(b) make use of the press, radio, television and other media form;

[…]

(c) Use of Radio and Television

Air time on radio and TV

93. (1) The Commission shall, during an election campaign period, ensure that equal time is given to each candidate and national party on the public radio and television.

(2) The Commission shall, in compliance with subsection (1), determine the time to be allocated to each candidate and political party per day or such other period as the Commission may consider reasonable, taking into account the number of candidates and political parties making a request under subsection (3).

Use of private radio and Television stations

94. (1) Every candidate and political party shall Television stations enjoy the right to use private radio stations and television stations under the contract.

(2) A private radio station or television station shall, during an election campaign period, guarantee to each candidate and political party, in accordance with the principle stated in subsection (1). A minimum air time of five minutes.

Rates of air time

95. (1) Every radio station and television station, whether public or private shall, within seven days of a declaration being made under section 85, prepare and present to the Commission the rates they intend to charge for air time for candidates and political parties.

(2) Upon receipt of the rates, the Commission shall, if it considers it reasonable so to do, enter into negotiations with the persons concerned in the management of the radio stations and television stations for purposes of (a) finalising the rates; and (b) ensuring fairness in the distribution of air time.

(3) The Commission shall publish the rates agreed upon under subsection (2) and a copy of such rates shall be made available, free of charge, to each candidate and political party upon request. (4) A candidate or political party requesting to be given air time in pursuance of section 93 or 94 shall pay the rates published by the Commission under subsection (3).

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).  

PART VI - ELECTION CAMPAIGN

Election campaign materials

86. (4) A candidate or political party shall, notwithstanding any law to the contrary, be exempted from the payments of customs duty in respect of election campaign material which is imported upon the presentation of a Certificate of Authorisation issued by the Commission.

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).                                

Bribery

117. (1) A person is guilty of bribery if he

(a) directly or indirectly, by himself or by any other person on his behalf, gives, lend agrees to give or lands, offers, promises, or promises to procure or endeavour to produce any money or valuable consideration to or for any other person in order to induce any person in order to induce any voter to vote or refrain from voting or does any such act on account of such voter having voted or refrained from voting at any election;

(b) directly or indirectly, by himself or by any other person on his behalf, gives or procures or agrees to give or procure or offers, promises or promises to procure or endeavour to procure any office, place or employment to or for any other person in order to induce any voter to vote or refrain from voting or does any such act on account of such voter having voted or refrained from voting at any election;

(c) directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement to or for any person in order to induce such person to procure or to endeavour to procure the return of any person at any election or the vote of any voter at any election;

(d) upon or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages or promises or endeavours to procure the return of any person at any election or the vote of any voter at any election;

(e) advances or pays or causes to be advanced or paid any money to or for the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election or who knowingly pays or causes to be paid money wholly or in part expended in bribery at any election; 

(f) before or during any election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election; or

(g) after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any such election.

(2) The provisions of sub-section (1) shall not be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred concerning any election.

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).                                

9. CAMPAIGN FINANCE

Campaign finance is very lightly regulated, with an absence of legal provisions to restrain the undue impact of money in campaigning. Individual Gambian citizens, civil society organisations and private entities may all make campaign contributions. Donations from corporations and unincorporated bodies and from all foreign entities are prohibited. There are no ceilings on donations or expenditure, while there are also no monitoring and enforcement mechanisms in place. A state party to the UN Convention against Corruption since 2015, law reform is required to ensure that the obligations to ensure transparency and fairness are complied with. Overall, parties and candidates lacked financial means to diversify and intensify the campaign. The Coalition 2016 campaign was funded by some wealthy individuals and the diaspora. They distributed vehicles and money to member-parties, proportionate to the number of candidates. Independent candidates, supporting the Coalition 2016, also received some resources. The Coalition 2016 representatives did not disclose to the EU EOM the amount of funds at its disposal. Wealthy party members paid for the APRC and the GDC campaigns. Again, the costs were not disclosed.

European Union Election Observation Mission to the Gambia National Assembly Elections, 6 April 2017, Preliminary Statement, available at https://eeas.europa.eu/sites/eeas/files/eu_eom_the_gambia_preliminary_statement_3.pdf accessed February 2018.

9. CAMPAIGN FINANCE

Campaign finance is very lightly regulated, with an absence of legal provisions to restrain the undue impact of money in campaigning. Individual Gambian citizens, civil society organisations and private entities may all make campaign contributions. Donations from corporations and unincorporated bodies and from all foreign entities are prohibited. There are no ceilings on donations or expenditure, while there are also no monitoring and enforcement mechanisms in place. A state party to the UN Convention against Corruption since 2015, law reform is required to ensure that the obligations to ensure transparency and fairness are complied with. Overall, parties and candidates lacked financial means to diversify and intensify the campaign. The Coalition 2016 campaign was funded by some wealthy individuals and the diaspora. They distributed vehicles and money to member-parties, proportionate to the number of candidates. Independent candidates, supporting the Coalition 2016, also received some resources. The Coalition 2016 representatives did not disclose to the EU EOM the amount of funds at its disposal. Wealthy party members paid for the APRC and the GDC campaigns. Again, the costs were not disclosed.

European Union Election Observation Mission to the Gambia National Assembly Elections, 6 April 2017, Preliminary Statement, available at https://eeas.europa.eu/sites/eeas/files/eu_eom_the_gambia_preliminary_statement_3.pdf accessed February 2018.

9. CAMPAIGN FINANCE

Campaign finance is very lightly regulated, with an absence of legal provisions to restrain the undue impact of money in campaigning. Individual Gambian citizens, civil society organisations and private entities may all make campaign contributions. Donations from corporations and unincorporated bodies and from all foreign entities are prohibited. There are no ceilings on donations or expenditure, while there are also no monitoring and enforcement mechanisms in place. A state party to the UN Convention against Corruption since 2015, law reform is required to ensure that the obligations to ensure transparency and fairness are complied with. Overall, parties and candidates lacked financial means to diversify and intensify the campaign. The Coalition 2016 campaign was funded by some wealthy individuals and the diaspora. They distributed vehicles and money to member-parties, proportionate to the number of candidates. Independent candidates, supporting the Coalition 2016, also received some resources. The Coalition 2016 representatives did not disclose to the EU EOM the amount of funds at its disposal. Wealthy party members paid for the APRC and the GDC campaigns. Again, the costs were not disclosed.

European Union Election Observation Mission to the Gambia National Assembly Elections, 6 April 2017, Preliminary Statement, available at https://eeas.europa.eu/sites/eeas/files/eu_eom_the_gambia_preliminary_statement_3.pdf accessed February 2018.

9. CAMPAIGN FINANCE

Campaign finance is very lightly regulated, with an absence of legal provisions to restrain the undue impact of money in campaigning. Individual Gambian citizens, civil society organisations and private entities may all make campaign contributions. Donations from corporations and unincorporated bodies and from all foreign entities are prohibited. There are no ceilings on donations or expenditure, while there are also no monitoring and enforcement mechanisms in place. A state party to the UN Convention against Corruption since 2015, law reform is required to ensure that the obligations to ensure transparency and fairness are complied with. Overall, parties and candidates lacked financial means to diversify and intensify the campaign. The Coalition 2016 campaign was funded by some wealthy individuals and the diaspora. They distributed vehicles and money to member-parties, proportionate to the number of candidates. Independent candidates, supporting the Coalition 2016, also received some resources. The Coalition 2016 representatives did not disclose to the EU EOM the amount of funds at its disposal. Wealthy party members paid for the APRC and the GDC campaigns. Again, the costs were not disclosed.

European Union Election Observation Mission to the Gambia National Assembly Elections, 6 April 2017, Preliminary Statement, available at https://eeas.europa.eu/sites/eeas/files/eu_eom_the_gambia_preliminary_statement_3.pdf accessed February 2018.

9. CAMPAIGN FINANCE

Campaign finance is very lightly regulated, with an absence of legal provisions to restrain the undue impact of money in campaigning. Individual Gambian citizens, civil society organisations and private entities may all make campaign contributions. Donations from corporations and unincorporated bodies and from all foreign entities are prohibited. There are no ceilings on donations or expenditure, while there are also no monitoring and enforcement mechanisms in place. A state party to the UN Convention against Corruption since 2015, law reform is required to ensure that the obligations to ensure transparency and fairness are complied with. Overall, parties and candidates lacked financial means to diversify and intensify the campaign. The Coalition 2016 campaign was funded by some wealthy individuals and the diaspora. They distributed vehicles and money to member-parties, proportionate to the number of candidates. Independent candidates, supporting the Coalition 2016, also received some resources. The Coalition 2016 representatives did not disclose to the EU EOM the amount of funds at its disposal. Wealthy party members paid for the APRC and the GDC campaigns. Again, the costs were not disclosed.

European Union Election Observation Mission to the Gambia National Assembly Elections, 6 April 2017, Preliminary Statement, available at https://eeas.europa.eu/sites/eeas/files/eu_eom_the_gambia_preliminary_statement_3.pdf accessed February 2018.

Punishment for corrupt practices

121. (1) A person who is guilty of bribery, treating, undue influence or personation or of aiding and abetting,counseling or procuring the commission of the offence of personation commits the offence of a corrupt practice and is liable on conviction to a fine not exceeding twenty-five thousand dalasis or to imprisonment for a term not exceeding five years, or both.

 (2) person who is convicted of a corrupt practice shall, in addition to any other punishment, be incapable during a period of ten years from the date of his conviction, or, if on such conviction he has been sentenced to imprisonment, during such imprisonment and during a period of ten years from the date when complete the serving of such sentence

(a) of being registered as voter or voting at any election held under the provisions of this Decree,

(b) of being elected to any office to which this Decree applies or, if elected before his conviction, of retaining such office, and

(c) of holding any judicial office.

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).