The legal system of Gambia
English common law with Sharia applied by Cadi courts in Muslim personal status matters and customary law in district tribunals. Since the 2017 transition the country has pursued transitional justice through the TRRC and a draft constitution, though the 2020 draft failed to pass the National Assembly.
Legal tradition
Gambia belongs to the mixed (common law, customary law, sharia) tradition. English common law with Sharia applied by Cadi courts in Muslim personal status matters and customary law in district tribunals. Since the 2017 transition the country has pursued transitional justice through the TRRC and a draft constitution, though the 2020 draft failed to pass the National Assembly.
How power is divided
Executive president, unicameral National Assembly with a small number of nominated members, and a judiciary that historically relied on judges seconded from other Commonwealth states.
Where law comes from
- Constitution
- Supreme law under section 4.
- Acts of the National Assembly
- Primary legislation.
- Common law and equity
- Received English rules as locally developed.
- Sharia
- Applied by Cadi courts in marriage, divorce and inheritance for Muslims.
- Customary law
- Applied by district tribunals in specified matters.
The legal profession
Fused; admission by the Chief Justice on the roll of legal practitioners, with the Gambia Bar Association as the professional body.
Law by topic in Gambia
- Business & CorporateCompanies Act 2013 with single-member companies and a Registrar GeneralThe Companies Act 2013 modernised Gambian company law, permitting single-member private companies, codifying directors' duties, and requiring annual returns. Registration is with the Registrar General's Chambers, and the Single Window Business Registration Act 2013 streamlined incorporation.
- Civil ProcedureHigh Court Rules on the English model, with the Supreme Court as final appellate courtCivil procedure follows the Rules of the High Court on the English pattern with writs, pleadings and discovery. Since 1998 The Gambia has had its own Supreme Court as final appellate court, ending appeals to a regional or Privy Council forum, and the ECOWAS Court sits in Banjul.
- Criminal LawCriminal Code on the received English model, with a 2018 moratorium on the death penaltyThe Criminal Code (Cap 10:01) codifies offences on the English colonial pattern, with the Criminal Procedure Code governing process. The Gambia declared a moratorium on executions in 2018 and acceded to the Second Optional Protocol to the ICCPR, though the death penalty remains in the Code pending abolition.
- Property & LandState land and customary tenure under the Lands (Regions) Act, with leasehold the practical normLand is divided between State Lands in designated urban areas and customary land in the regions. The State Lands Act 1990 provides for leasehold grants in declared areas, while the Lands (Regions) Act governs customary tenure administered by District Authorities, and non-citizens generally require government consent to hold interests.
- Constitutional LawThe 1997 Constitution survived the failed 2020 replacement, leaving Jammeh-era provisions in forceThe Constitution of the Second Republic 1997 remains in force. A comprehensive draft constitution prepared after the 2016 transition was rejected in the National Assembly in 2020, so the 1997 text — including provisions criticised as concentrating executive power — continues to govern, with the Supreme Court exercising constitutional review.
- Immigration & NationalityImmigration Act with ECOWAS free movement and residence permit classesThe Immigration Act (Cap 16:02) governs entry and residence, administered by the Gambia Immigration Department. Non-ECOWAS nationals require visas, and foreign workers require residence permits in classes tied to employment or business. ECOWAS nationals enter visa-free for 90 days.
- Employment & LabourLabour Act 2007 with an Industrial Tribunal and a one-month notice baselineThe Labour Act 2007 governs contracts, hours, leave, termination and collective relations. It requires written contracts for engagements over a threshold period, provides for termination on notice graded by service, and channels disputes to the Industrial Tribunal after conciliation by the Commissioner of Labour.
- Family LawThree regimes with Cadi courts holding exclusive jurisdiction over Muslim personal lawCivil, Islamic and customary marriage coexist. Section 7 of the Constitution recognises Sharia and customary law as sources, and the Cadi courts have jurisdiction over marriage, divorce and inheritance for Muslims — who are the large majority — making Islamic personal law the dominant family law regime in practice.
- Data Protection & PrivacyThe Data Protection and Privacy Act 2023 created The Gambia's first general regimeThe Data Protection and Privacy Act 2023 established a comprehensive framework and a Data Protection and Privacy Commission. It requires a lawful basis for processing, grants data subject rights, imposes security and breach obligations, and restricts cross-border transfers — replacing a prior position of no general statute.
- Human RightsChapter IV rights, the TRRC's post-Jammeh accountability process, and host of the African CommissionChapter IV of the 1997 Constitution guarantees justiciable rights. The Truth, Reconciliation and Reparations Commission reported in 2021 on Jammeh-era violations and the government accepted most recommendations, with a special accountability mechanism agreed with ECOWAS. Banjul hosts the African Commission on Human and Peoples' Rights.
- Tax LawIncome and Value Added Tax Act 2012 with VAT at 15% and a 27% company rateThe Income and Value Added Tax Act 2012 consolidated income taxation and introduced VAT at 15%, replacing the sales tax. The Gambia Revenue Authority administers collection, and the corporate rate is 27% with a turnover-based alternative minimum tax.
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