POINTS OF ORDER: THE NATIONAL ASSEMBLY OF THE GAMBIA
POINTS OF ORDER: THE NATIONAL ASSEMBLY OF THE GAMBIA IN OPERATION Introduction One of the cornerstones of parliamentary procedure is that proceedings in the Assembly are conducted in a free and civil manner. To facilitate this recognised principle, the National Assembly of The Gambia adopted rules of procedures1 for the maintenance of order and decorum for the conduct of Members and to regulate its own proceedings. Considering the sacred nature of the institution of Parliament, Members are expected to show respect for one another, and the competing different viewpoints. Therefore, offensive or discourteous behaviour or language is intolerable. The Sixth Legislature of the National Assembly of The Gambia was elected to office in April 2022; relatively new in office at the time of writing this article. The majority membership of this Legislature is made up of first timers in parliamentary practice and procedure. Only a few months into parliamentary proceedings and the apparent enthusiasm to employ and test every opportunity and tool at their disposal, the conduct of some Members during proceedings reveals the normal inexperience associated to new membership to any organisation as well as the creative art of politicians seeking to be recognised in every gathering. The fundamental rules and precepts of the routine important parliamentary tool of ‘Point of Order’ cannot be ignored in any parliamentary proceedings. There is no device, which is more frequently used and abused than that of a Point of Order. This article therefore examines the practices and rules pertaining to Points of Order in the National Assembly and the powers of the Speaker, as the Presiding Officer to enforce order and decorum when breaches occur. It also provides some understanding and clarifications on the principles, usage and rules of Parliamentary Points of Order with specific emphasis on The Gambia’s context. Point of Order Generally, it is a fundamental parliamentary law that a Member speaking must be heard in silence by others in every proceedings of the Legislature and Members are condemned to making unseemly disruption while a Member is on his or her feet speaking.2 Hence, a ‘Point of Order’ is a privileged permissible interruption granted to a Member to interrupt another Member on an alleged breach of the rules of procedure or a matter of procedure requiring Speaker’s
elucidation.3 The rules require that a Point of Order may be raised if there is any alleged deviation from parliamentary rules, existing laws or whether proper procedure has been, or is being, followed in the National Assembly. Equally and in principle, a Point of Order, especially on a substantial matter, could be raised by a Member or a Chairperson of a Committee seeking the guidance of the Speaker on a matter of procedure affecting the National Assembly in its operation or proceedings. Essentially, a Member can use a Point of Order to seek guidance from the Speaker in the Chamber on a matter of parliamentary procedure.4 It is therefore pertinent to note that a Point of Order in its general parliamentary sense is an appeal to the Presiding Officer for clarification or judgment on a matter of procedure in the National Assembly. What form should a Point of Order take? There may not be a specific form in which a Point of Order may be raised. However, it is a settled rule that a Member can make a Point of Order relating to a particular breach, or matter of procedure during proceedings of the National Assembly. In practice, a Member is required to catch the Speaker’s eye through raising his or her constituency tag or standing in one’s place shouting or indicating “Hon. Speaker, Point of Order!” Substantial Points of Order, and ones not related to a specific proceeding but affecting a procedural matter of the National Assembly may be taken by the Speaker.5 However, the Speaker may decide not to make an immediate ruling on such kind of Points of Order but ask for time to reflect on the issue. It is advisable that a Member wishing to make a substantial Point of Order should give prior notice to the Speaker’s Office. This is desirable as substantial points of order are usually intricate and may require some technical research. It is a decried practice where Members often abuse Points of Order or misconstrue it with “point of observation or clarification”9 to participate in a debate. This is many a time frowned upon by the Speaker as against the rules of the National Assembly. For a Point of Order to be legitimate, it must relate to a matter of procedure or alleged breach of it for the Speaker to decide on the matter.
Kalipha MM Mbye is the Deputy Clerk for Legal and Procedural Matters at the National Assembly of The Gambia. He holds an LLB degree (Bachelor of Laws) from the University of The Gambia, and LLM degree (Master of Laws) in International Legal Studies from the University of Bradford, UK. He has his interests in parliamentary democracy, constitutional law, public international law, and the rule of law. Disclaimer: The opinion expressed in this article is entirely that of the author’s and do not represent the views or opinion of the National Assembly of The Gambia or any institution or person he may be associated with.
The Parliamentarian | 2022: Issue Four | 100 years of publishing | 337