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 GRA Takes Over Revenue Collection of Area Councils

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T O P I C    R E V I E W
Momodou Posted - 18 Mar 2015 : 20:34:02
GRA Takes Over Revenue Collection of Area Councils but…..
By Abdoulie Dibba

Foroyaa: Published on March 18, 2015




The Gambia Revenue Authority (GRA) has taken over the revenue collection of the five (5) area councils in the country namely, Mansakonko, Kerewan, Kuntaur, Janjanbureh and Basse with effective from 1st March 2015 but lack the man power on the ground.This development was confirmed by the Chairman of the Mansakonko Area Council, the Chief Executive Office of Kerewan Area Council, the Chief Executive Officer of Kuntaur Area Council, the Chairman of Janjanbureh Area Council and the Chairman of Basse Area Council when they were contacted.
The officials have indicated an executive director has authorized GRA to start collecting the rates and duties that used to be the work of the area councils with effective from the 1st of March 2015 but added that the authority lack the human resource on the ground to do the collection and as such it is the councils’ revenue collectors that are collecting the revenue on their behalf.
The council officials told this reporter that the revenue they are collecting will now be paid into an account that is controlled by the GRA and that the funds can only be accessed through requests made and authorization by the ministry of finance.
According to a letter from the ministry for Lands and Regional Government, all Councils have been informed that with effect from 1March 2015 the Gambia Revenue Authority (GRA) will be responsible for the collection of all revenues on behalf of the councils without exception.
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Momodou Posted - 15 Apr 2015 : 13:32:17
AREA COUNCILS YET TO RECEIVE MARCH SALARY

By Abdoulie G. Dibba
Foroyaa: Published on April 14, 2015




Apart from the city council and Kanifing municipality, area councils’ staff outside the Greater Banjul Area have also raised concerns over the late payment of their March salaries, which they have not received up to date. Information reaching this medium indicates that staffs of the Area Councils in the Provinces namely Kerewan, Kuntuar, Mansakonko, Janjanbureh and Basse are yet to be paid their salary for the month of March 2015.
The staffs of the said Councils indicated that the late payment of salaries is affecting them as their monthly salaries is their only source of income which they use to feed their families and to also take care of their other social needs.
Sources from Kerewan, Kuntuar, Mansakonko, Janjanbureh and Basse Area Council, respectively confirmed that they have not yet pay the salaries of their staffs up to now which is a major concern to Councils.
Councils indicated that with effect from the 1st of April, the Gambia Revenue Authority staffs are responsible for the collection of trade licences, canteens, rents and land transaction fees and that Councils are only collecting market fees, rates and taxes.
Momodou Posted - 01 Apr 2015 : 11:04:38
Is centralised revenue collection affecting council operations in Brikama? PRO Declines to comment

By Lamin Sanyang
Foroyaa: Published on March 31, 2015


The Brikama Area Council (BAC) has declined to comment on whether or not the executive directive for central government to collect all revenues for councils has any effect on the implementation of its operations. It has been reported to this paper that the directive for the country’s revenue authority to collect all rates and duties is seriously affecting the council’s day to day operations as official vehicles and transports for garbage collection are grounded due to the lack of fuel.
The council covers nine districts in the West Coast Region which makes it one of the biggest area councils and with the largest revenue base.
It is being reported that there is uncollected garbage all over place in the markets, dumpsites and major streets in the large settlements within region and which is attributed to the lack of fuel for council vehicles.
When approached to shed light on the concerns of the people regarding the uncollected garbage which they attribute to the lack fuel, the Spokesperson for the Brikama Area Council, Mr. Modou Jonga, has declined to make any comment.
“We cannot comment,” said PRO Jonga.
Asked whether the new arrangement which transfers the responsibility of revenue collection from the councils to central government has any implications on their operations, he said they would prefer not comment on the issue.

Meanwhile, it was observed that many official vehicles, including garbage collection trucks, were parked within the premises of the Council.

Uncollected garbage was also seen at various points in the Brikama market.
Momodou Posted - 18 Mar 2015 : 20:40:05
PDOIS STATEMENT ON THE EXECUTIVE DIRECTIVE FOR CENTRAL GOVERNMENT TO COLLECT ALL REVENUES FOR COUNCILS

Foroyaa: Published on March 18, 2015


16TH MARCH 2016

HALIFA SALLAH

FOR THE CENTRAL COMMITTEE


GOVERNING BY EXECUTIVE DIRECTIVE OUTSIDE THE AMBIT OF THE LAW IS UNCONSTITUTIONAL AND CONSTITUTE THE LEGITIMISATION OF IMPUNITY

In many parts of the world where the sovereign people are aware of their rights and powers , the policies of government and the laws parliaments enact, are periodically examined to determine whether they are serving or negating the public interest. If they fail to serve the public interest Presidents and Ministers who formulated the policies and members of parliament who voted for the bills to become law are held accountable by the public and are deprived of votes in subsequent elections.

This is why it is immensely important for the public to keep tract of government and parliamentary decisions. In this vein, PDOIS has decided to look into the subject of executive directives which are constantly being relied on to manage the affairs of many institutions at both the National and Regional level.

Executive Directive on Council Revenue

It has been brought to the notice of the Central Committee of PDOIS that an executive directive has been issued giving authority to the Gambia Revenue Authority to assume responsibility for the collection of all revenues on behalf of Councils with effect from 1 March 2015.

This Executive Directive is not only unconstitutional and Unlawful but has not taken into consideration the human capacity available at the GRA to carry out such a task.

The Constitution and The Law

The Constitution envisages councils with autonomous financial institutions. Section 192 (1) of the constitution states: “ Local government administration in The Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy”

The behest of the Constitution is amplified by the provisions of the Local Government Act 2002 which has given mandatory powers on how councils should manage financial matters.

Consequently, Section 127.of the Local Government Act states : “Subject to this Act or any other enactment, every Council shall have autonomy over its financial matters.

Section 128.adds: (1) The revenue and funds of a Council include all sums of money or funds accruing to a Council.

(2) The revenue and funds of a Council shall be applied to the administration, development and welfare of the inhabitants within its Area of jurisdiction.

(3) The Central Government shall provide twenty-five per cent of the Council’s development budget.
129. Every Council shall be answerable and accountable to –

(a) Its electorate for all moneys which accrue to the Council from the electorate; and

(b) The National Assembly for all moneys appropriated to the Council from the Consolidated Revenue Fund, or otherwise.

Subject to the provisions of this Act, the financial affairs of a Council shall be regulated in accordance with a Local Government (Finance and Audit) law to be enacted by the National Assembly.

(1) A Council shall have power to levy rates and such taxes as the National Assembly shall prescribe, to meet all liabilities, whether of a general or special nature. “

On The Finance and Audit Act

The Local Government Finance and Audit Act does indicate how the funds, budget and accounts of councils are to be managed.

Section 3 of the act states:

“a council shall keep a Council Development Fund into which-
1.All revenue generated by the Council shall be paid and
2.from which all; liabilities falling to be discharged by the council shall be discharged

Section 12 of the Act adds “ Subject to the provisions of this Act and any other Act , each Council has autonomy over its financial matters , excluding salaries , allowances and other emoluments “

It is therefore abundantly clear that the executive order is at variance with the Constitution and the Local government Act and ought to be revoked.

The tendency of many Gambians is to condone impunity by simply retorting : What can we do about it? Some would even claim that the writing is useless because the executive would not listen. The fundamental difference between a Monarchy and a Republic is the authority resident in each citizen in a Republic to be able to remove from office, any power which refuses to be guided or restrained by the just demands of the people.

The executive has sworn to Govern in accordance with the Constitution and other laws of the country. To fail to do so is to deserve impeachment.

This is why, the electorate should be mindful of the type of people they elect to become National Assembly members. The first line of defence against the impunity of executive power in a Republic rs an Independent National Assembly with representatives who would ensure that executive power is exercised within the guards and fences provided by the Constitution and other laws, failing which impeachment proceedings.

Will the National Assembly members look into the executive order given to the councils? The people are watching to see whether they would carry out their oversight functions.

PDOIS has made it clear that if it is given a mandate it would create Village, District and Regional Councils which would produce sovereign wealth at each level to promote development. Village farms, Aquaculture and Cottage Industries would enable them to earn income for the development of villages .

Governors would be replaced by Regional Permanent Secretaries who would exercise direction and control over the operation of government departments in the Regions. All councillors would be elected. All powers given to the President to dissolve councils and appoint administrators would be revoked. Councils would be under the rule of law which would make them transparent and accountable to the public instead of being subjected to the rule of the might of the executive.

A jury system would replace the District tribunals to free the justice system in the rural areas from executive or political influence and patriarchy.

Development shall be centred on the sovereign people and shall be designed to ensure their liberty and prosperity. This shall be the core values of the Third Republic.

The End

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