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The Judiciary in The Gambia: A Summary
The judiciary in The Gambia operates under a tripartite legal system combining English common law, Shari’ah law, and customary law, as outlined in the 1997 Constitution. This system reflects the country’s diverse cultural and historical influences, ensuring access to justice through multiple legal frameworks. The judiciary is structured hierarchically, with the Supreme Court as the apex court, followed by the Court of Appeal, High Court, Magistrates’ Courts, Cadi (Muslim) Courts, and District Tribunals.
Structure and Jurisdiction
- Supreme Court: Established in 1851 and reconfigured by the 1997 Constitution, it serves as the final court of appeal with both appellate and limited original jurisdiction, particularly in constitutional matters. It is led by the Chief Justice, and comprises at least four other justices.
- Court of Appeal: Handles appeals from the High Court and has jurisdiction over civil and criminal matters. It can also refer constitutional questions to the Supreme Court.
- High Court: The primary trial court for significant civil and criminal cases, with original jurisdiction in major disputes.
- Subordinate Courts: Magistrates’ Courts, Cadi Courts (applying Shari’ah in family and personal matters for Muslims), and District Tribunals (handling customary law) provide localized access to justice.
- Special Courts: A Special Criminal Court and a proposed Special Tribunal for crimes under the Yahya Jammeh regime (1994–2016) address specific legal needs.
Judicial Independence
The 1997 Constitution mandates an independent judiciary.
Key Challenges
- Human Resources: The judiciary relies heavily on foreign judges, primarily from Nigeria and Ghana, due to difficulties in attracting and retaining Gambian judges. Efforts toward “Gambianization” are underway to build local capacity.
- Case Backlogs: Inefficiencies and resource constraints lead to lengthy pretrial detentions and delays in case processing, though virtual courts introduced in 2020 have alleviated some pressure.
- Public Trust: Rebuilding confidence with reforms focusing on transparency, accountability, and consistent sentencing guidelines.
- Infrastructure and Funding: Poor working conditions and outdated court rules hinder efficiency. A bill to improve judicial officers’ conditions is under consideration, and international partnerships, such as with the EU, support infrastructure development.
Reforms and Progress
The Gambian judiciary is pursuing reforms, including revising High Court rules, developing sentencing guidelines, and establishing the Judicial Training Institute for continuous education of judges and staff. International collaborations, such as with the Judiciary of England and Wales, aim at improving judicial training and case management.
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