By: Tijan Touray
The National Assembly Member for Banjul North, Modou Lamin Bah, has argued that the “illegal takeover” of McCarthy Square’s management and security by the government contradicts the principles of decentralization as all public spaces in Banjul, including McCarthy Square are under the management and control of the BCC as mandated by Section 48 of the Local Government Act of 2002.
“This section of the Act outlines the general powers of councils and refers to Schedule II, which clearly defines and distinguishes the functions and services of the Central Government and Local Governments. Specifically, Section 17, under Part II of Schedule II, grants Local Governments the responsibility to establish, maintain, or control public parks, gardens, and recreation grounds on any land vested in the Council,” Bah said in a statement made available to this reporter on Wednesday.
“As a concerned lawmaker from Banjul, I would first like to urge the President to recognize that the law provides for the devolution of functions from Central Government to Local Governments and vice versa, as enshrined in the Local Government Act of 2002. I also urge the President to maintain a cordial relationship with his host, the Banjul City Council, during this Ramadan period and throughout the year.
Without delving into the serious implications of this takeover such as restricted public access, loss of revenue to the Council, and other concerns, I will limit my comments to the provisions of the Local Government Act of 2002,” said the Banjul North NAM.
According to legislator Bah, the Local Government Act of 2002 outlines the procedures whereby if the Central Government seeks to take over the functions of a Local Council, it promotes decentralization by allowing the Central Government to delegate its responsibilities to Local Governments, as stipulated in Section 51.
“Additionally, section 52, Subsection 1, states where a Secretary of State has reasonable grounds to believe that any function, service, or power transferred to a Council is not being effectively performed, provided, or exercised, he or she may, after investigation and in consultation with the Secretary of State, submit to the President proposals for addressing the situation, which may include the performance, provision, or exercise by his or her Department, whether temporary or otherwise, of that function, service, or power, as the case may be,” Bah pointed out.
“Most importantly, Section 52, Subsection 2, requires the President to consult the Council before making any decision to take over its functions. The President shall not approve any proposals made by a Secretary of State under subsection (1) of this section without first obtaining the views of the Council concerned. Given the manner in which this decision to take over McCarthy Square has been made, I strongly advise the Central Government and its legal advisors to adhere to the law and set a good example for all citizens. In the spirit of the holy month, I urge the President to rescind this decision,” he added.
