SIGNED this 10th day of September, 2009

ERNEST BAI KOROMA, President. @

No. to 2009

Sierra Leone

The Chieftaincy Act, 2009. Short .

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. 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 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. by all aspirants. (3) Where there are only two candidates III a paramount (2) Any aspirant or Chiefdom Councillor may object on chieftaincy election, the candidate who polls the simple majority of stated grounds to the title claim ofan aspirant. votes shall be declared duly elected, and in the event of a tie, a second ballot shall be conducted and the candidate who obtains a simple majority shall be declared duly elected. (3) Any objection under subsection (2) shall be defeated and the aspirant shall qualify to stand as a candidate to contest in (4) Where there is only one candidate, an election shall the election if the aspirant's candidature is supported by the still be conducted in order for the ChiefdomCouncillors to demonstrate Declaration Officer, the Assessor Chiefs and by two-thirds of the their acceptance or otherwise ofthat candidate, bya simple majority Chiefdom Councillors present and voting by secret ballot. of votes cast.

(4) Where an objection made under subsection (2) is 16. (1) Upon the election of a new Paramount Chief, all the Attestation upheld, the aspirant shall be disqualified from standing as a candidate. ChiefdomCouncillors who voted in the election, shall signa document Document. to be known as the Attestation Document, signifying their agreement Requirements 14. (1) Every candidate in a paramount chieftaincy election to recognize the newly elected Paramount Chief and to obey his of candidates. shall- lawful orders and instructions.

(a) pay a non-refundable candidature fee of (2) Every Attestation Document shall be endorsed by Le250,000; and the appropriate Provincial Secretary and the Assessor Chiefs.

(b) choose a symbol from a list of symbols 17., The r.ec0gniti?noftheelecti0Ilofa Param01IRtS~ieftakes, Recogniti~n pr~bythe Ele~toral Commission and place'after the GovetIirileiit 1ia.S, on the recommendation of the ~~i~~~mount supply to the Commission a recent Minister, accepted the jointreport ofthe Provincial Secretary and the photograph both for the use of the Com­ Electoral Commission on the conduct of the election and such mission for the printing-Of ba1lGt~-s~ fecogni'tlofisnarr1>eoy= ,. 10 No. 10 Chiefiaincy Act 2009 No. 10 Chieftaincy Act 2009 11

(a) the presentation ofthe StaffofOffice by the 20. (1) In appointing the Commissioner under section 19, the Appointment President or any person deputed by him in President may, in his discretion, appoint one or more assessors to the ~s~i~~~r and that behalf and Commissioner. assessors

(b) the publication ofthe election in the Gazette. (2) Subsection (3) ofsection 147 ofthe Constitution shall, apply to the appointment ofthe Commissioner and section 148 ofthe Challenge of 18. (1) The validity of the election of any person as a Constitution shall also apply to the powers, rights and privileges of election of Paramount Chiefmay be challenged by any candidate or Councillor the Commissioner and assessors appointed under section 19. Paramount Chief. ofthe Chiefdom Council within seven days after the declaration of the result ofthe election by a petition addressed to the High Court on 21. (1) Until the conclusion of the inquiry referred to in Suspension the ground that- sectIon. 19,the Paramount Ch'Iefw h0 IS .t h e sub'~ect 0f th· e mqUlry. ofandParamountremoval shall be suspended from office, and pursuant to subsection (4) of Chief. (a) the person so elected section 72 of the Constitution, the President shall remove the Paramount Chieffrom office, iffrom the report ofthe inquiry referred (i) is not qualified under section 8; to in section 19, the President is satisfied that the allegations made against the Paramount Cinel have been proved. (ii) is disqualified under section 9; (2) Section 149 of the Constitution shall apply to the (iii) was elected on the basis ofany claim of making and publication of the report of the inquiry referred to in a materially false nature under subsection (1). subsection (2) ofsection 14; or (3) The removal ofany Paramount Chiefunder subsection (b) the election was otherwise improper. (1) shall be published in the Gazette.

(2) A declaration by the High Court that the election ofa PART VI-CHIEFDOM SPEAKERS AND OTHER SUB-CHIEFS Paramount Chiefis not valid shall be without prejudice to anything done by the Paramount Chiefbefore the declaration. 22. (1) The Chiefdom Speaker shall be the principal assistant Appointment . . th of Chiefdom to the Paramount Chief and shall be appomted by e Paramount Speaker. PARTV-REMOVAL OF PARAMOUNT CHIEFS Chiefafter consultation with his Chiefdom Committee from outside the ruling house ofthe Paramount Chief. Removal of 19. A Paramount Chief may be removed from office by the Paramount Chief. President for any gross misconduct in the performance of the (2) In amalgamated , any agreement on functions ofhis office ifafter a public inquiry conducted under the Chiefdom Speakership, shall be honoured by all concerned. chairmanship ofa Judge ofthe High Court or a Justice ofAppeal or aJ,:,-stic~oftl1eS,:,-prellleCourt,the CoIllIIlission ofIIl(-luiryIIlJlkesaIl (3) The Paramount ChiefshaUinforrn the :M:inister about adverse lIDding against the Paramount Chief, andthe President is of the appointment of the Chiefdom Speaker for the endorsement of the opinion that it is in the public interest that the Paramount Chief Government. should be removed. 12 No. 10 Chieftaincy Act 2009 No. 10 Chieftaincy Act 2009 13

Election of 23. (1) A Section Chief shall be elected by the Chiefdom 26. (1) Where the Paramount Chief, whether of his own R~moval Section · f h .. f h Ch· ..." ot other sub- Chiefs. Councillors in the Section in accordance with the customs and accordor upon t h e compIamt 0 t e majorIty 0 t e IelUom chiefs. traditions ofthat Section ofthe Chiefdom. Councillors in a section is dissatisfied with the conduct ofany Section Chief, he shall notifY the Chiefdom Committee with the grounds of (2) A candidate who obtains a simple majority ofthe votes his or their dissatisfaction; and ifupon investigating the matter, the cast shall be declared elected. ChiefdomCommittee [mds the SectionChiefculpable itshall so advise the ChiefdomAdministration which shall remove the Section Chief, (3) If the Minister is satisfied with the conduct of the subject to the right ofappeal to the Minister whose decision shall be election, the newly elected Section Chiefshall be fonnally recognized final. by the publication ofthe election in the Gazette. (2) An appeal under subsection (1) shall be lodged with the Provincial Secretary within fourteen days who shall institute an Election of 24. (1) A Town Chiefshall be elected by the taxpayers in the administrative investigation into the matter and submit his findings To\\'TI Chiefs. town in accordance with the customs and traditions of that Town to the Minister for final decision. within the chiefdom. (3) A majority ofthe taxpayers from that town, village or (2) A candidate who obtains a simple majority ofthe votes section who are dissatisfied with the conduct oftheir Town or Village cast shall be declared elected. Chiefshall, through their Section Chief, notifY the ChiefdomCommittee with the grounds of their dissatisfaction; and if upon investigating (3) If the Minister is satisfied with the conduct of the the matter the Chiefdom Committee fmds the conduct ofthe Town or election, the newly elected chiefshall be fonnally recognized by the Village Chief to be not in the interest of peace, order and good publication ofthe election in the Gazette. government, it shall so advise the Chiefdom Administration which shall remove the Town or Village Chief. PARTVII-REMOVAL OF CHIEFDOM SPEAKER AND SUB-CHIEFS 27. The removal ofthe Chiefdom Speaker and the other sub- Removal of chiefs under this Part shall be published in the Gazette. Chiekfdom d spea er an Removal of 25. (1) The Chiefdom Speaker and other sub-chiefs who, by other sub­ Chiefdom chiefs to be Speaker. customary law, are the Councillors or assistants ofa Paramount Chief shall be subordinate in their ordinary jurisdiction to the Paramount PARTVIII-MISCELLANODS published. Chief. 28. The polling at any paramount chieftaincy election shall be Electoral. . d b th EI I C " h d" CommIssIOn (2) A ParamountChiefwho is dissatisfied'with the conduct supervIse y e ectora omrmSSlOn w ose eCISlOn on any to supervise ofhis Chiefdom Speaker shall notifY the Chiefdom Committee with electoral issue shall be fmal. elections, the grounds of his dissatisfaction; and if upon investigating the matter, the Chiefdom Committee fmds the Speaker culpable, it shall 29. (1) SubjecttothisAct, thefunctionsofaP~lnountChiefFunctionsof advise the ChiefdomAdministration to remove the Speaker for a new shall include the following:- Paramount Speaker to be appointed by the Paramount Chief. ChIefs. 14 No. to Chieftaincy Act 2009 No. to Chieftaincy Act 2009 15

(a) supervise the collection oflocal tax and assist (a) refuses or fails without reasonable cause to the appropriate authority in the collection of hand over the StaffofOffice when required other lawful taxes to which the members of to do so pursuant to subsection (1), or his chiefdom are subject; (b) in any way obstructs the Provincial Secretary (b) use his best ability to prevent the commission or other officer deputed by him in the of offences within his chiefdom and to performance of any function under sub­ maintain order and good government within section (1), his chiefdom, commits an offence and is liable on conviction to a fme not exceeding (c) preser-:e or promote, as appropriate, and Le5,000,000 orto a term ofimprisonment not exceeding two years. serve as, the guardian of the customs and traditions ofhis chiefdom; 31. (1) Any person who- Offe~ce 2~d penalty.

(d) to all intents and purposes to serve as an (a) administers any secret oath to any Chiefdom agent ofdevelopment in his chiefdom; and Councillor to vote for any person; or

(e) to supervise the election ofsub-chiefs in his (b) in connection with the claim of any person chiefdom to being a chief, makes any statement which he knows to be false or which he has no (2) A Paramount Chief may for the purpose of his functions reason to believe to be true; under subsection (1) use his best ability to secure the making of

Cap. 61 appropriate bye-laws by the Chiefdom Council under section 16 of (c) contravenes subsection (3) of section 4 or the Chiefdom Councils Act. section 7, commits an offence. Retrieval of 30. (1) Not later than one month after the death or removal of Staff of Office. a Paramount Chief, the Provincial Secretary or an officer deputed by (2) An offence under subsection (1) shall be punishable himinthatbehalf, shall retrieve the StaffofOffice from the family of bya fme not exceeding Le5,OOO,OOO orbya termofimprisonment not the Paramount Chiefor from him, as the case may be. exceeding two years.

(2) Any person who- 32. Sections 5 and 25 ofthe Provinces Act are hereby repealed. Amendment of Cap. 60. 16 No. 10 Chieftaincy Act 2009

Passed in Parliament this 18th day of June, in the year of our Lord two thousand and nine.

VICTOR KAMARA, D Clerk ofl arliament.

!l-IlS PRINTED IMPRESSION has been carefully compared by me wIth the HIll which has passed Parliament and found by me to be a true and correct printed copy ofthe said Bill.

VICTOR KAMARA, Clerk ofParliament.

PRINTED AND PUBLISHED BY mE GOVERNMENT PRINTING DEPARTMENT, . -GAZE'lTENo. 42 OF 17m SEPTEMBER, 2009.