Where do I start with this one? 
Yes as Banjulians, we want infrastructural development and a great facelift for our dear Banjul but things must be done in the right way. 
I have asked these questions few times here before the commencement of the Banjul roads project. 

Where is the project document? What is embedded in the document (details)? Where is the impact assessment of such a project?
As beneficiaries, is there any local contribution Banjul City Council should make? Where are the billboards showing plans of the finish project? What streets or roads in Banjul will benefit from this project?

How many times have people articulated these questions? Maybe something like this coming from inside again will prick our consciousness and jolt us awake as Banjulians. 

There is an imperative need to form a credible block as Banjulians and engage Central Government to involve the City Council in this project and put forward changes in the Local Government Act to empower our local councils.

I was very disappointed to say the least with the reaction of the Mayor Rohey Malick Lowe yesterday. As the principal authority of the city, you should know better, the platform wasn’t right for such an outburst. Please refer to the Local Government Act part 1V schedule 2 below this write up.

I share your frustration my sister but we must conduct ourselves professionally at all times particularly in public. We cannot allow our emotions or sentiments to take control over us.

As the beneficiaries, the Government can delegate some of their responsibilities to the local council including this project. The issue here is that the Government is claiming that this is a Central Government project. They want to keep it that way as His Excellency President Barrow wants it as part of his National Development Plan and you want to claim credit of the project over election promises made to Banjulians.

This is the main bone of contention and the matter must be resolve in an amicable fashion not spitting your dummy out and having a tantrum to the extent of walking out on the Minister and leaving your deputy to pick up the pieces. This is a real conflict of interest between Central Government and your office. 

Stamping your authority should have been done at the very beginning well before the inauguration by writing to Central Government and expressing your dissatisfaction over the way they handled the project.

Courtesy demands and best practice will demand that your office plays a role in the whole project and the questions you asked were important but not at that platform.  Please don’t see this as a personal attack but a professional blind spot you may have missed.

Over to you Gai and Central Government: 

Can you please engage the Banjul City Council on this project and be transparent to Banjulians about the whole project. 

Gai have you got the human resources needed for such a project? We all want the best for Banjul and the scoring political points between Barrow/UDP (Mayor’s) Office does not interest us. 

Keep up the good initiatives your Lordship but you must learn to calm down. Lessons must be learned from your colleague Talib in KMC.

LOCAL GOVERNMENT ACT 2002.

PART IV – POWERS AND FUNCTIONS OF LOCAL GOVERNMENT INSTITUTIONS.

GENERAL POWERS:

General Powers Of A Council; 
48 (1) Subject to
the provisions of this Act and any other enactment, a Council shall, within its area of jurisdiction –

(a) exercise all political and executive powers and functions;

(b) provide services as it deems fit;

(c) promote on a sound basis community development and self-help;

(d) have power to perform such functions as are necessary to facilitate, or are conducive or incidental to, the discharge of any of its functions;

(e) protect the Constitution and other laws of The Gambia and promote democratic governance; and

(f) ensure implementation and compliance with Government policy.

Part II Schedule II; (2)

Without prejudice to the generality of subsection (1) of this section or any other enactment which may confer powers of functions on Councils, a Council shall, in addition to powers and functions specified in this Part, perform and carry out the functions and services specified under Part II of Schedule II to this Act.

(3) A Council shall not, by virtue of this section, do anything which requires the approval of anybody or person by this or any other enactment unless the approval is obtained in accordance with this Act or the enactment.

DEVOLUTION OF FUNCTIONS FROM CENTRAL GOVERNMENT TO COUNCILS:

49. (1) A Secretary of State responsible for any other Department of State may, after consultation with the Secretary of State, devolve functions, services and powers vested in the Department of State to a Council.

(2) A devolution under subsection (1) of this section shall not be effected unless –

(a) the Government and the Council are in agreement.

(b) adequate human, financial and material resources are made available for the performance of the functions, provision of the services and the exercise of the powers, so devolved; and

(c) appropriate measures are taken to bring the change to the attention of the public.

Part I Schedule II: 

(3) The services and functions specified under Part I Schedule II shall be exclusive to the Central Government.

Functions To Be Transferred On Request Of A Council:
(50). (1) A Council may, where any provision is made for the devolution of any functions, services or powers under this Act at the discretion of a Secretary of State or any other authority, request that it be allowed to perform the functions, provide the services or exercise the powers.

(1) Where a request made by a Council under subsection (1) is not granted within six months of the submission of the request to the Secretary of State or authority, the request may be made to the President, who shall, within three months of the receipt of the request, determine whether the request ought to be granted.

(3) The decision of the President under subsection (2) of this section shall be final.

Devolution To Be Effected Gradually:

51. The devolution of functions, services and powers from the Central Government to Councils shall be effected gradually and shall take into account the capacity of a Council to perform the functions, provide the services and exercise the powers.

Reversion Of Devolved Functions:

52. ((1) 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.

(2) 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.

By Ebrima Jawo

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