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Chieftaincy Act, 2009

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Chieftaincy Act, 2009 SIGNED this 10th day of September, 2009 ERNEST BAI KOROMA, President. @ No. to 2009 Sierra Leone The Chieftaincy Act, 2009. Short title. Being an Act to provide for the qualification, election, powers, functions and removal ofaperson as aParamount Chiefor chiefand for other matters connected with chieftaincy. ENACTED by the President and Members ofParliament in this .presen.tJ>arliament assembled , ~ ._., .. .. ~__.. ,_., __,,_,,_ _..... .. 2 No. 10 Chieftaincy Act 2009 No. 10 Chieftaincy Act 2009 3 PART I-PRELIMINARY 3. (1) Until the election of the new Paramount Chief, the Appointment ·· h 11 " 1" hth Chi c--' C . h of caretaker Interpretation. MmIster s a alter consu tahon WIt e elUom ommlttee, at t e or regent 1. In this Act, unless the context otherwise requires:- earliest, appoint a regent chief to oversee the administration of the chief. chiefdom in a caretaker capacity. "aspirant" means a person aspumg to become a candidate in a paramount chieftaincy and other sub­ (2) Notwithstanding subsection (l), where the office of chieftaincy elections; regent chief is, by the customary law ofthe chiefdom, reserved to a person other than a person appointed by the Minister, that customary "chief' includes a chief, other than a Paramount Chief, law shall apply to the appointment ofthe regent chief a Headman and such other chiefas is by customary law the Councillor or assistant of any Paramount (3) The term ofoffice ofa regent chief appointed under Chief; subsection (l) or subsection (2) shall not exceed twelve months. "Chiefdom Council" has the same meaning as in the (4) A regent chiefis entitled to vote in the election ofthe Chiefdom Councils Act; new Paramount Chiefbut shall not openly take sides or canvass for any candidate. "Gazette Lisf' means the latest list of a Chiefdom Council appearing in the Gazette priorto a paramount 4. (1) The Gazette List ofa Chiefdom Council shall be revised Revi sion of chieftaincy election under this Act; every three years but shall- Gazette List. "Minister" means the Minister responsible for local government; (a) be revised specially for the purposes of a paramount chieftaincy election to include the "Paramount Chief' means a chief who is not following office-holders: subordinate in his ordinaryjurisdiction to any other (i) regent chief; chiefbut does not include an acting chiefor a regent chief; (ii) ChiefdomSpeaker; "taxpayer" in relation to a chiefdom, is a member ofthe (iii) Section Chief; chiefdom liable to local tax and in possession of a (iv) Court Chairman; local tax receipt. (v) Ceremonial Chief (where the paramount PART II-TIME FOR ELECTION OF NEW PARAMOUNT CHIEF chieftaincy in the chiefdom is by customary law linked with secret New 2. Not later than twelve months after a vacancy occurs in the Paramount oflic~ofra{aIl1OuntC~f.wlwtbl::r bythe death. removal orotherwise societies); and Chief to be elected within ofthe previous holder ofthe office, the Chiefdom Councillors ofthe (vi) Member of Parliament for the consti­ twelve chiefdom shall elect a new Paramount Chief for the chiefdom in tuency in which the chiefdom is months of acc.ordance with. thisAc1.andJhe customary.law ofthe chiefdom. ~.' vacancy. 4 No. to Chieftaincy Act 2009 No. to Chieftaincy Act 2009 5 (b) be published on three consecutive occasions 6. (1) At the Declaration of Rights meeting, every person Identification for verification prior to the paramount mten. d"mg to vote m" th e paramount chi eftamcye. 1"ectlOn sh aII establ"ISh ofCouncillors.Chlefdom chieftaincy election to which it relates" his identity as a member ofthe Chiefdom Council by- (2) In addition to the office - holders specified in (a) reference to his name on the Gazette List; subsection (I), the revised Gazette List shall include a number of other ChiefdomCouncillors, each representing everytwenty taxpayers (b) his being identified as such member by the in the chiefdom, the number of taxpayers in the chiefdom being Section Chief, Town Chief, or, as the case determined every three years. may be, the Village Headman in the locality which he represents inthe ChiefdomCouncil; (3) Subject to paragraph (b) ofsubsection (1) ofsection and 18, the election ofa Paramount Chiefshall not be invalidated by any irregularity in the revision ofthe Gazette List used for the election, (c) producing to the Declaration Officer, his but it is an offence for any person compiling that List to knowingly current local tax receipt which shall bear the take into account an inflated number oftaxpayers. endorsement and stamp of the Chiefdom Adrninistration" (4) The revision ofthe Chiefdom Councillors list shail be undertaken by the office ofthe Provincial Secretary in collaboration (2) Where the chiefdom concerned is an amalgamated with the Electoral Commission. chiefdom, the Declaration Officer shall ensure that the conduct ofthe election ofa Paramount Chief for that cheifdom is done on a rotational PART III-ELECTION PROCEDURES. crowning basis and further ensure that this is complied with" Declaration 5. Before the polling day fixed for the election ofa Paramount 7. (1) In any paramount chieftaincy election, the Government of Rights" Chief, a Declaration of Rights meeting shall be convened by the "b"l· fth G" I" "d nl th "'" "I"" f and political Provincial Secretary, for the purpose of- reSpOnSI 1 Ity 0 e overnment IS nmte to 0 y e laCI Itatlon 0 parties not to the process so as to ensure that the election is conducted in a fair sponsor and transparent manner. candidates. (a) the identification ofthe ChiefdomCouncillors entitled to vote at the election; and (2) No government Minister or other official, and no (b) establishing the claim of persons to be political party, whether collectively or otherwise, shall promote or qualified to stand as candidates in the show support or preference for the candidature of any particular election; and contestant in a paramount chieftaincy election. (c) affording the Provincial Secretary the 8. (1) A person is qualified to stand as a candidate in a Qualification opportunity to explain to all parties their paramount chieftaincyelection if- for election as responsibilities under this Act. Paramount Chief" 6 No. 10 Chieftaincy Act 2009 No.10 Chieftaincy Act 2009 7 (a) he was born in wedlock to a rightful claimant 11. (l) For every paramount chieftaincy election, two Appointment . d b h M' .A of Assessor in a recognized ruling house in the chiefdom; Paramount Chief: s sh aII b e appomte y t e llllster as ssessor Chiefs. or Chiefs as follows:- (b) where tradition so specifies, he or she has (a) one from within the district and the other from direct patemal ormaternal lineage to a rightful outside the district where the new Paramount claimant in a recognized ruling house, whether Chief is to be elected; and born outside wedlock or not. (b) the chiefdom outside the district must have (2) For the purposes ofsubsection (1), a recognized ruling customs and traditions similar to those ofthe house is one that has been established and in existence as such at chiefdom. independence on 27th April, 1961. (2) The Government shall meet the transport and living Disqualification 9. Notwithstanding the provisions ofany enactment, a person expenses ofthe Assessor Chiefs but the people ofthe chiefdom may, for election as is not qualified to stand as a candidate in a paramount chieftaincy through the regent chief, accord to the Assessor Chiefs any normal Paramount ~l~~.C~_ c-" C'hlCi. ';!i.;::I_,~lLiH 11- traditional and customary courtesies, in addition. (a) he is a regent chief of the chiefdom 12. (1) The functions ofthe Assessor Chiefs shall be- Functions of concerned; Assessor Chiefs. (a) to advise and assist the Declaration Officer (b) he has been convicted by any court for an in the conduct of the elections; offence involving fraud, dishonesty, theft, violence or rape for which he has not been (b) to advise the Chiefdom Councillors on the pardoned; importance of their decision to elect a new Paramount Chief; (c) in the case of a person who has been removed or has been required to resign from (c) to ensure that the traditions and customs of the office of Paramount Chief for conduct the chiefdom are respected and upheld during inconsistent with good governance, five the conduct of the elections; and years have not elapsed from such removal or resignation; or (d) to endorse the Attestation Document referred to in section 16. (d) he is the adopted child of the person from whom he claims to be qualified. (2) Where at any stage of the conduct of an election there is any disagreement regarding ally matter--- ProVirtcial 10. For every paramount chieftaincy election, the Provincial Secretary to Secretary shall be the Declaration Officer. (a) between the Assessor Chiefs; or be Declara­ tion Officer. 8 No. 10 Chieftaincy Act 2009 No. 10 Chieftaincy Act 2009 9 (b) between the Assessor Chiefs and the (2) In the contest for the paramount chieftaincy, it shall Provincial Secretary, be the responsibility of each candidate to establish his claim to the satisfaction of the Chiefdom Councillors present, the Declaration any ofthe disagreeing Assessor Chiefs under paragraph (a) and the Officer and the Assessor Chiefs. Assessor Chiefs under paragraph (b), as the case may be, may submit a separate report on the matter to the Minister. 15. (1) In any paramount chieftaincy election, a Declaration candidate shall be declared duly elected ifhe obtains 55% or more of of results PART IV-CANDIDATES AND DECLARATION OF RESULT the votes cast. (2) Where there are several candidates in a paramount Aspirant 13. (1) At the Declaration ofRights meeting ofthe Chiefdom chieftaincy election and none ofthem obtains 55% ofthe votes cast candidates. Councillors convened under section 5, any person aspiring to be a in the first ballot, the candidate or candidates with the least votes will candidate in the election shall formally declare his intention to the be eliminated, leaving the two candidates with the highest votes to Declaration Officer and produce to hini his receipt for the non­ contest a second ballot, in which the candidate who obtains a simple refundable aspirant fee ofLe150,000 payable to the ChiefdomTreasury majority shall be declared duly elected.
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