By Alieu Ceesay
Mayor Talib Ahmed Bensouda of the Kanifing Municipal Council (KMC) made his first appearance before the Local Government Commission of Inquiry, addressing critical issues surrounding the council’s financial management, procurement processes, and adherence to the Local Government Act.
The session, which sparked intense debate, shed light on the operational challenges and legal ambiguities within the KMC, raising questions about accountability and governance.
The inquiry opened with a discussion on the Financial Manual for Local Government Councils. Mayor Bensouda acknowledged awareness of the procurement thresholds outlined in the law, stating that any procurement exceeding D500,000 is referred to the general council for approval. However, he clarified that responsibilities beyond this threshold fall outside his mandate and are handled by the finance and accounts committee. When pressed on the number of accounts he found or created at KMC, Bensouda admitted he could not recall specifics, promising to provide details later.
Bensouda, who has served as mayor since May 2018 and was re-elected for a second term ending in May 2027, outlined the structure of the KMC, which comprises 19 elected councillors and approximately 12 committees, including finance, establishment and appointment, contracts, agriculture, and local government accounts committees. During his first term, he nominated seven councillors, with the youth council representative chosen by the National Youth Council and the disability representative selected by their respective body. He could not recall the nomination process for the remaining councillors, but committed to furnishing the commission with further details.
A significant portion of the inquiry focused on proposed amendments to the Local Government Act. Bensouda revealed that in September 2018, he led a coalition of seven mayors, including Banjul’s Mayor Rohey Malick Lowe, in submitting a letter to the Ministry of Local Government and Lands. The letter, admitted as evidence, proposed removing provisions that subordinate councils to regional governors and granting executive powers to mayors or chairpersons. The group also advocated for decentralizing the Local Government Service Commission to allow councils greater control over appointments, including those of the CEO and finance director, in consultation with the commission. Bensouda emphasized that the current KMC operational threshold lies with the CEO and the council, not the mayor, as the council deliberately excluded the mayor from such decisions.
Bensouda argued that specific provisions of the Local Government Act conflict with the Constitution, particularly those requiring the mayor to implement policies and oversee the CEO simultaneously. “It is international best practice that the mayor is the executive head of the council,” he stated, highlighting the need for clearer delineations of authority.
The inquiry also delved into the KMC’s legal appointments. Bensouda disclosed that the council appointed a lawyer in 2019 following the resignation of his mother, Amie Bensouda, who previously served as the council’s lawyer. Her firm, Amie Bensouda and Co., had offered to continue providing legal services at no cost until an internal legal unit was established, citing potential conflicts of interest due to her familial relationship with the mayor. The council considered three candidates and ultimately appointed Yassin Senghore, who had served as a legal expert on the KMC’s Establishment and Appointment Committee. Lead counsel Gomez challenged Bensouda on whether Senghore’s appointment adhered to procurement regulations under Section 18 of the Financial Manual, which mandates compliance with the Gambia Public Procurement Authority (GPPA) rules. Bensouda maintained that the council has the authority to appoint a lawyer under Section 48 of the Local Government Act, prompting Gomez to question whether the council’s powers are absolute. “Your arguments are a vacuum without substantiating them,” Gomez remarked, though Bensouda disagreed.
Audit processes also came under scrutiny. Bensouda explained that internal audit reports are discussed at the council level, while external National Audit Reports are forwarded to relevant committees, particularly the accounts committee, as stipulated by Section 24 of the Local Government Finance and Audit Act. When asked about the discussion of audit reports, he requested time to confirm whether these were addressed at the council level. The inquiry further probed the deletion of financial records from the KMC system. Bensouda admitted to initiating an investigation but noted it was halted due to police involvement in related council developments.
Additionally, auditors highlighted that D186,000 in GTR receipts were not presented for audit. Bensouda responded that he believed the finance committee had addressed the issue but promised to investigate further, citing his lack of expertise in audit matters. “The audit department required expertise which I didn’t have,” he stated.
The inquiry underscored ongoing tensions between legal frameworks and practical governance within the KMC. Bensouda’s testimony highlighted the complexities of balancing statutory requirements with operational realities, as well as the need for reforms to enhance council autonomy and accountability. His repeated inability to recall specific details, however, raised concerns about transparency, with promises to provide further documentation to the commission.
As the inquiry progresses, the commission is expected to delve deeper into the KMC’s financial management and compliance with procurement and audit regulations. The outcomes could have significant implications for local governance structures across the country, particularly regarding the roles and powers of mayors and councils. For now, Mayor Bensouda’s appearance has set the stage for a broader examination of how local governments navigate legal and administrative challenges in serving their communities.
