NAMs Debates Civil Marriage Amendment Bill

By: Binta Jaiteh

The National Assembly Members Tuesday debated on the civil marriage amendment Bill standing order 66 of the second reading.

Honorable Dawda Jallow, Attorney General and Minister for Justice gave full backing to the civil marriage Bill in The Gambia noting that children are not taken officially to get them marry before the law.

He pointed out that this is official marriages sanctioned by the officials of the Government, and this marriage is celebrated at the Ministry of Justice and law officiate the marriage. But he noted that marriage cannot officiate when it is unconstitutional.

This change precisely “will bring the provisions in line with the constitution, any marriage that is below 18 is invalid if it is celebrated at the Registrar General Office,” he said.

Concentrating on the debate, he said there is no need for any adult to give consent for a marriage of a minor because minors are not supposed to get marry officially before the Ministry of Justice.

He concluded that enforcement of the laws will be made in consultation and it will be enforced effectively.

Honorable Halifa Sallah, National Assembly Member for Serrekunda  said the purpose of the Bill which constitutes the objects and reasons is very clear, constitution of the Gambia is the supreme law of the land.

He pointed out that, Section 4 of the Constitution, assert the supremacy of the constitution and all laws must be brought into conformity with the constitution otherwise those laws most of them will become null or void.

He went further that civil marriage is a marriage that is registered by the State, noting that  this State is the custodian of the law and it must be enforced on the branch of the state executive, speak the language of the constitution and language of the court.

“The state which is responsible for registering marriages should not register marriage of a minor or under 18”

Member for Brikama North, Hon. Alagie Darboe said objects and reasons added by the Minister of Justice are simply to harmonize the parent act with the constitution even if the act is in place. He said Constitution will always prevail and there is need to harmonize the act with the constitution. While an additional clause and issue of parent was also discussed.

However, the civil marriage amendment bill was referred to the Assembly committee.