The Gambia Independence Order 1965 No. 135

Existing officers

5.—(1) Where any office has been established by or under the existing Orders or any existing law and the Constitution establishes or provides for the establishment of a similar or an equivalent office, any person who, immediately before the commencement of this Order, holds or is acting in the former office shall, so far as is consistent with the provisions of the Constitution, be deemed as from the commencement of this Order to have been appointed, elected or otherwise selected to or to act in the latter office in accordance with the provisions of the Constitution:

Provided that any person who under the existing Orders or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or on the attainment of that age.

(2) Any person who, by virtue of this section, is deemed as from the commencement of this Order to have been appointed, elected or otherwise selected to hold or act in any office shall also be deemed to have taken and subscribed any necessary oath under the Constitution.

(3) (a) The person who holds the office of Deputy Governor on 17th February 1965 shall be entitled to the leave, beginning on 18th February 1965, for which, under the terms of service applicable to him on 17th February 1965, he is then eligible and to any additional leave for which he is eligible under the law with respect to pensions benefits in respect of his service as a public officer, and while on such leave shall be regarded as still holding an office in the public service:

Provided that, if the said person is charged, as from 18th February 1965, with the performance of special duties in respect of the government of The Gambia, then—

(i) he shall, during the period for which he is so charged, be regarded as still holding an office in the public service; and

(ii) the leave to which he is entitled under this subsection shall include the leave for which, under the terms of service aforesaid, he is eligible in respect of that period and shall begin at the expiration of that period.

(b) In this subsection “pensions benefits” has the meaning assigned to that expression in section 112 of the Constitution.

(4) A person who is a member of the Public Service Commission established by the existing Orders may, notwithstanding that, by reason of his having held or been nominated for election to any office before 18th February 1965, he is disqualified to be appointed as a member of the Public Service Commission established by the Constitution, continue in office under this section as a member of that Commission and be re-appointed thereto upon the expiration of his term of office.

(5) The provisions of this section shall be without prejudice to the provisions of section 6 of this Order.

(6) In this section“existing law” means such a law as is referred to in section 4(5) of this Order.