Report on the Gambia / Colonial Office.

Date:
[1955]
Catalogue details

Licence: Public Domain Mark

Credit: Report on the Gambia / Colonial Office. Source: Wellcome Collection.

    54/94 page 48
    £100 suit value. The jurisdiction of such courts in civil and criminal matters is concurrent with the jurisdiction of the native tribunals. The native tribunals are established by the Governor, as he shall think fit, by warrant under the Native Tribunals Ordinance, 1933. There are two grades of tribunals ; group tribunals may try criminal cases which can be adequately punished by imprisonment up to twelve months, or by fine up to £25, or by both such imprisonment and fine, and possess civil jurisdiction up to £50 suit value. District tribunals extend to criminal cases similarly up to six months and/or fine of £10 and to civil cases of £25 suit value. Proceedings are commenced either by complaint, information or application either to the tribunal when it is in session, or to the president of the tribunal when it is not in session. Records of cases arc kept and preserved. Tribunals have jurisdiction over any member of an African race, but the Governor has power to direct that any native or class of natives shall not be subject to tribunals except with their consent. Members of the Armed Forces, the Police Force, Government servants, members of the Legislative Council, Justices of the Peace and members of the Bathurst Town Council are so exempted. In addition to the forms of punishment permitted to tribunals under the Criminal Code they have power to inflict any punishment authorised by native law and custom which is not repugnant to natural justice and humanity. Subject to any prescribed Rules, the practice and procedure of the tribunals is regulated in accordance with native law and custom. Every tribunal is required by law to report all cases tried by it to the Commissioner of the Division in which the tribunal has jurisdiction. Sentences of corporal punishment on juveniles under 16 years of age are subject to confirmation by the Commissioner and by the High Court. A native tribunal may not pass sentence of corporal punishment on persons of 16 years of age or over. The complete lists of all native tribunal criminal cases are forwarded to the Judge of the High Court monthly, or at such intervals as the Judge may direct, by the Commissioners and such lists operate as appeals so as to bring into operation the review and revisional powers of the Judge on behalf of every convicted person. The tribunals are under the immediate supervision of the Com¬ missioners, who have access to them and to their records at all times. The Commissioners exercise wide revisional powers including power to direct a re-trial before the same or another tribunal and to transfer any cause to a subordinate court for disposal. Cases both civil and criminal may be removed to a subordinate court from a tribunal by the Commissioner upon the report of a defendant. No legal practitioner may appear or act for any party before a native tribunal. General The main types of civil and criminal cases before the Courts in the
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