(d)
for the application in the case of members of
a particular race or tribe of customary law
with respect to any matter in the case of
persons who, under that law, are subject to
that law.
(6)
Subsection (3) shall not apply to anything which is
expressly or by necessary implication authorised to be done
by any such provision of law as is referred to in subsection
(5).
(7)
The exercise of any discretion to the relating to the
institution, conduct or discontinuance of civic or criminal
proceedings in any court that is vested in any person by the
Constitution or any other law shall not be enquired into by
any court on the grounds that it contravenes the provisions
of subsections (3).
Declaration of 34.
Of state of public emergency
(1)
The President may, at any time, by Proclamation
published in the Gazette, declare that(a)
(b)
a state of public emergency exists in the
whole or any part of The Gambia;
a situation exists which, if it is allowed to
continue, may lead to a state of public
emergency.
(2)
A declaration made under this section shall lapse at
the expiration of a period of seven days, or if the
National Assembly is not then in session twentyone days, beginning on the day on which the
Proclamation is published in the Gazette unless,
before the expiration of that period, it has been
approved by a resolution of the National Assembly
supported by the votes of not less than two-thirds of
all the members thereof.
(3)
A declaration made under subsection (1) may at any
time be revoked by the President by Proclamation
which shall be published in the Gazette.
(4)
A declaration made under subsection (1) that has
been approved by a resolution of the National
Assembly shall, subject to subsection (3), remain in
force so long as that resolution remains in force and
no longer.