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The Gambia Independence Order 1965

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Transitional provisions relating to Attorney-General and Director of Public Prosecutions

7.—(1) Notwithstanding the provisions of section 64 of the Constitution, until Parliament or, subject to the provisions of any Act of Parliament, the Governor-General, acting in accordance with the advice of the Prime Minister, otherwise provides, the office of Attorney-General shall be a public office.

(2) Notwithstanding the provisions of section 76(1) of the Constitution, no appointment shall be made to the office of Director of Public Prosecutions so long as the office of Attorney-General remains a public office.

(3) So long as the office of Attorney-General remains a public office subsections (3) and (4) of section 64 of the Constitution shall not have effect and, subject to the provisions of subsection (4) of this section, the following provisions of the Constitution shall have effect as if references therein to the Director of Public Prosecutions were references to the Attorney-General, that is to say, sections 55, 76 (other than subsection (1) thereof), 85(5), 106(3)(b), 107, 113(3) and 116(7)(a).

(4) In their application, by virtue of this section, in relation to the Attorney-General, subsections (1) and (2) of section 107 of the Constitution shall have effect as if references therein to the Public Service Commission were references to the Prime Minister:

Provided that, before tendering advice to the Governor-General for the purposes of the said subsection (1) or subsection (2), the Prime Minister shall consult the Public Service Commission.

(5) Until Parliament otherwise provides, the Attorney-General shall, so long as his office remains a public office, be an ex officio member of the House of Representatives but he shall not be entitled to vote therein.

(6) When the office of Attorney-General ceases to be a public office, the person who immediately prior thereto held that office shall, for the purposes of any law with respect to pensions benefits (which expression shall in this section have the meaning attributed to it in section 112 of the Constitution), be entitled to be treated as if his office had been abolished.

(7) In relation to the appointment of any person, at any time before 18th February 1970, in exercise of the powers conferred by subsection (1) or subsection (2) of section 107 of the Constitution and in relation to any person who has been so appointed, the reference in subsection (3) of the said section 107 to a period of seven years shall be construed as if it were a reference to a period of five years:

Provided that this subsection shall not have effect in relation to the appointment of any person in any case in which, by virtue of subsection (4) of this section, the said powers are exercisable by the Governor-General, acting in accordance with the advice of the Prime Minister, unless the Public Service Commission concurs in its having effect in relation to that appointment.

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