By Alieu Ceesay
Talib Ahmed Bensouda, Mayor of Kanifing Municipal Council (KMC), has called for a comprehensive reform of Gambia’s Local Government Act, advocating for increased executive powers for mayors and chairpersons.
The statement came during his appearance before the Local Government Commission of inquiry, where he also faced intense questioning regarding his role in approving council payments, raising concerns about compliance with legal and procedural standards.
Mayor Bensouda emphasized that mayors should be granted executive authority over council operations, including greater control over financial decisions. “Mayors should be executives of the councils and should have political powers,” he told the commission, arguing that reforms to the Local Government Act are necessary to empower local leaders and streamline governance.
However, the commission’s lead counsel, Patrick Gomez, challenged Bensouda’s assertions, presenting evidence that suggested the mayor already exercises significant control over KMC’s finances. Gomez referenced statements from former KMC CEOs and the director of finance, who confirmed that payments exceeding D100,000 required the mayor’s approval during Senior Management Meetings. Vouchers presented to the commission contained minutes written by Bensouda, with directives such as “pay” or “approved,” contradicting his claim that he merely suggested payments.
One notable case involved a subvention request from Charles Jaw Memorial, a school owned by KMC. The mayor’s minute instructed the CEO to make monthly payments, indicating direct involvement in financial decisions. Another voucher from the Bakoteh Ward Development Committee requested D235,000 for a community lighting project, with Bensouda directing the CEO to support it with D75,000. Similarly, a request from the KMC’s Public Relations Manager for cash from a Qcell donation and a payment for an HR expert bore the mayor’s explicit approval, with phrases like “D100,000 is approved.”
Gomez pressed Bensouda on whether these actions aligned with a supposed KMC resolution to remove him from the cadre of approving authorities. The financial manual outlines three tiers of approval: the CEO for smaller amounts, the mayor or chairperson for larger sums, and the whole council for payments requiring a resolution. Bensouda maintained that a council resolution exempted him from approving payments, but he failed to produce meeting minutes or a formal resolution to support this claim.
When questioned about specific meeting minutes, Bensouda admitted that many council decisions, including those on financial thresholds, were not formalized through voting, as required by Section 28(1) of the Local Government Act. “In some instances, we don’t vote,” he said, adding, “If there is no disagreement, we don’t vote.” Gomez countered that even unanimous decisions must be documented through resolutions and voting, a legal requirement Bensouda acknowledged familiarity with but conceded was not consistently followed.
The mayor’s provided minutes revealed further inconsistencies. In one instance, a former councillor from London Corner Ward raised concerns about approval processes, but no resolution was recorded. Another minute from Ebo-Town Ward’s councillor proposed lowering the CEO’s approval threshold from D500,000 to D200,000. Bensouda opposed the change, arguing it would delay projects, but no resolution was reached. Gomez highlighted that the lack of formal resolutions undermines the council’s adherence to legal standards.
Bensouda claimed that over 11,600 payments were made by KMC during the period under review, none of which he approved. However, Gomez refuted this, citing multiple vouchers where the mayor’s directives clearly indicated approval. “The matter has been settled,” Gomez asserted, pointing to the documented evidence.
The mayor attributed the absence of resolutions to a “lapse” in the office of the clerk, insisting that informal agreements were in place. He relied heavily on his oral testimony, stating, “I am the head of the council and know what happens there.” Yet, his inability to provide documented resolutions weakened his defense.
