By: Nicholas Bass
The Ministry of Justice in partnership with the European Union over the weekend held a two-day capacity building on legal drafting for the National Assembly that is aimed at strengthening human rights-based democratization in The Gambia.
Speaking at a capacity building on legal drafting at BakadajiHotel in Kotu, the Solicitor General, Hussein Thomasidisclosed that the two-day legislative drafting training was a follow-up of last year’s session that was conducted by professor Halton Cheadle.
”This training brings together participants from both the National Assembly and the Ministry of Justice, reflecting the close collaboration required for effective legislative development. Legislative drafting is a cornerstone of good governance, as it provides the framework through which policies are implemented and the rule of law is upheld,” SG Thomasi stated.
He went on to note that previous training conducted by Professor Cheadle provided participants with new insights, tools, and approaches in drafting laws that are clear, precise, and responsive to the needs of the country, adding that those who participated in that session can attest to how it has enhanced their capacity to review and produce higher-quality legislation.
He further averred that the training has created an opportunity not only to learn from the expertise of Professor Cheadle but an avenue to share experiences and foster stronger cooperation between the legislative and executive branches in the drafting process.
The Deputy Clerk, Legal and Procedural Matters of the National Assembly, Mr. Kalipha MM. Mbye in underscoring the importance of the training said parliamentary counsels have a vital role to play, adding that such roles should start with the conception, drafting, and the birth of an Act of Parliament. ”It is your primary function to express legislative policy in a statutory language free from ambiguity -transforming government policy into Laws,” he challenged participants.
Mr. Mbye noted that in the performance of such functions, parliamentary counsels are expected to ensure that the government’s policies are given legal effect, adding that the government expects them to express legislative intentions accurately with one interpretation.
He added that developing the capacity and capability of parliamentary counsels to enable them to execute their task is fundamental and critical, stating that such will improve the technical capacity of services rendered to National Assembly members.
”It is in the light of the foregoing, that the National Assembly and International IDEA together with the Ministry of Justice convened this advanced capacity enhancement training for our legislative drafters to provide the skill, techniques, and know-how to adequately prepare them to execute their functions”, he said.
The head of the country office of International IDEA, Mrs. Jainaba Faye on her part said understanding legislative drafting is an art that involves translating policy decisions into clear, precise, and enforceable laws.
” As we know, laws are the backbone of any functioning society. Importantly, the value of a law is not only in its content, it lies in how that content is communicated. Inaccurate, ambiguous, or poorly constructed legal texts can lead to confusion, misinterpretation, and legal challenges, potentially undermining the very objectives they seek to achieve, ‘Mrs. Faye said.
