The CBEMP is a 5-year project funded jointly by the World Bank and the Government of The Gambia, which commenced in January 2002.

The overall objective or goal of the project is to improve the impact of Government resources on economic and social outcomes, and to foster economic growth supported by efficient, transparent and effective governance. To achieve the overall goal CBEMP has the following objectives;

The Department of State for Justice under this project has the following sub-components;

Training

Since 2002, the Department of State for Justice has sent two of its staff for Alternative Dispute Resolution Training, a counsel was trained in an LLM programme in International Economic Law. At present staff are being trained in Legislative Drafting and in computer skills.

Restructuring of the Registrar General’s Department

Traditionally, the Registrar General’s Department operated as a service-oriented, as opposed to a business-oriented, organisation, which is really what it is. Before the 22^nd July 1994 military take-over, the services it provided for businesses and individuals were grossly under-valued and inefficient.

The low fees paid for its services had a negative impact on the over-all performance of the Division in that its under-trained and poorly-motivated staff are over-whelmed by the volume of the work which becomes more complicated daily.

It is against this background that the restructuring of the Registrar General’s Department was considered. Consequently, it was decided that other common law jurisdiction where such a restructuring had taken place should be visited. In this regard, study tour of the British Virgin Islands was arranged. In April of 2003, two members of staff of the Department went to the British Virgin islands on a study tour. The tour was very successful as it enabled them to get a first hand experience of the operations of the Registrar General’s Department of the British Virgin Islands.

The restructuring will enable the Registrar General’s Department to become autonomous and highly efficient thereby enhancing the investment climate. .

Information Strategy

The Department of State for Justice and the Judiciary have formulated an IT Strategy, which takes care of the IT needs of both departments.

Based on the review of functions of Department of State for Justice and Judiciary the following systems have been identified:

Case Management System

A Computerised Court Case Management System will facilitate the registration, processing and retrieval of court case information. Typically, a CCMS will provide the following facilities:

Court Aided Transcription

Court reporting or computer-aided transcription (CAT) will use stenotype transcription machines, which will automatically transcribe proceedings into English and save the proceedings on diskettes or direct to a database. A secretary or court clerk proofreads the transcription; a paper copy is then produced for the court registry.

Library/Archive Management System

It is envisaged that a library consisting of an electronic copy of Laws and cases of precedents will be linked to the CCAS. The library will provide a ready means of access to laws and will serve as a database for precedents in similar cases. Storage of case precedents will be based on the CCAS structure (case number, type of case, etc).

Registration System

A computerised registration system facilitates the recording, processing and retrieval of legal instruments such company registration Certificates.

Record Management System

A computerised Record Management System facilitates the recording, processing and retrieval of government wide records, including those of the Department of State for Justice and Judiciary.

Accounting System

An accounting system will record budgets, warrants, cash releases, revenue and expenditure. Typically it will report on budget performance.

Personnel & Payroll Management System

Recruitment, transfers, promotions, vacancies, retirement and resignations etc.; Training needs of staff and staff assessment and performance.

A Local Area Network would facilitate the flow and sharing of information between the two departments.

Establishment of a Pilot Alternative Dispute Resolution Mechanism (ADR)

An ADR allows the parties to participate in the search for a solution and the solution thus derived becomes one the parties can identify with. The ADR engenders a situation where both parties to the dispute feel that they are winners. A Bill has been drafted and will be tabled before the national Assembly at its forthcoming session. The ADR system when introduced in the High Court would contribute to the resolution of the backlog of cases problem and will reduce the litigation culture we have in the country. By having an ADR system, investor confidence will be built since commercial disputes will be settled in very little time.

Refinement of the Legal Sector Strategy

A strategy for the sector is being formulated which will highlight a medium to long-term action plan for the sector.

It can be appreciated from the programmes highlighted above that the Department of State for Justice has really benefited under the APRC Government. In its short time in office a lot of development has taken place in the legal sector. This sector has for a long time been neglected and through these numerous development plans the legal sector will be a force to reckon with in the near future.

During the period in review, not less than 163 legislation, prepared by the Legal Drafting Department, were enacted into law. These legislation gave legal backing to Government policies intended to distinguish The Gambia as one of the fastest growing developing nations in the World. They touched on areas affecting the social and economic development of The Gambia and The Gambia’s international obligations. Back