Local Courts Act, 2011 (No. 10 of 2011)

1. Interpretation. PART II--CONSTITUTIONANDADMINISTRATION OF LOCAL COURTS MOHAMED LEBBIE, 2. Establisliment of Local Courts. Officer- in -Charge 3. Avoidance of conflict of interest. Office a/the Clerk a/Parliament. 4. Dismissal, etc. of Chairman, etc.

5. Qualifications for appointment as Local Court Cliairman.

6. Appointment of officers of Local Courts.

7. Local Courts Service Committee. S. Terms and conditions of service of members and officers.

9. Duties of Clerk of Court. THIS PRINTED IMPRESSION has been carefully compared by me witli tlie Bill

10. Duties of Finance Clerk whiclilias passed Parliament and found by me to be a true and correct printed copy

11. Duties ofBailiff. oftlie said Bill. 12. Sessions.

13. Power to establisli additional courts.

14. Protection of members and officers of Local Courts. MOHAMED LEBBIE, Officer-in-Charge PART III-JURISDICTION Office a/the Clerk a/Parliament. 15. Jurisdiction.

16. Additional jurisdiction. PART 1V-PROCEDURE AND POWERS OF LOCAL COURTS

17. Practice and procedure.

18. Proceedings to be lield in open court.

19. Legal representation.

20. Courts' powers to make orders and impose punishment.

21. Suspended sentences.

22. Restitution.

23. Witnesses. PRfrTTED AND PUBLISHED BY THE GOVERNJ:v!ENT PRINTING DEPARTJ:v!ENT, SIERRA LEONE.

24. Joinder of parties. GAZETTE No. 68 OF 27TH OCTOBER, 2011 25. Search warrants. n No. 10 Local Courts Act 2011

26. Free entry to carry out searches.

27. Inspection.

28. Place of imprisonment.

29. Recovery offines and imprisonment in default.

30. Execution of civil judgment.

31. Power to appoint receiver andrnanager. SIGNED this 11th day of August, 2011.

32. Returns of cases.

33. Access to records of Courts. DR ERNEST BAJ KOROMA, PART V-APPEALS, TRANSFERS, AND REVIEWS President.

34. Power of Customary Law Officer to transfer cases.

35. Powerofreview.

36. Review not available where appeal pending.

37. Exercise of power of review.

38. Orders of reviewing officer.

39. Right of appeaL

40. DistrictAppeal Court.

41. Appeal to Customary Appeals Division of High Court.

42. Further appeals.

43. Powers, etc. of appellate courts. PARTVI-OFFENCES 2011 No. 10

44. Adjudicating without authority.

45. Exacting excessive fees.

46. Obstruction of Bailiffs, etc

47. Contempt of Court. Sierra Leone

48. False evidence.

49. Rendering false returns.

50. Falsification of records. The Local Courts Act, 2011. Short title. PART VII-MISCELLANEOUS

51. PowersofChainnan. Being anActto provide for the establishment and operation

52. Customary Law Officers. of Local Courts, the administration of justice in the provinces and

53. Reference to Local Courts. for other related matters.

54. Fines, fees, etc to be paid into Consolidated Fund.

55. General power to make rules.

56. Power of Chief Justice to make Rules.

57. Application of Rules. ] Date of com- mencement.

58. Repeal of Act No. 20 ofl963 and savings. ENAC1ED by the President and Members of Parliament in this SCHEDULE (Section 2) presentParliarnent assembled. 2 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 3 PART I-PRELIMINARY (2) The Chairman, Vice-Chainnan and any other member Interpretation. of the Court shall be appointed by the Chief Justice, after consultation

1. In this Act, unless the context otherwise requires- with the Commission. "Chairman" means the person appointed Chairman of a Local Court under section 2; (3) Every Chairman, Vice-Chainnan or other member of the Court shall, before assuming the functions of his office take and "Commission" means the Judicial and Legal Service subscribe before the Chief Justice, the Oath set out in the Schedule. Act No.6 Commission established by section 140 of the of 1991. Constitution of Sierra Leone, 1991;

3. (1) No person shall sit as Chainnan, Vice-Chainnan or Avoidance of "Court" means a Local Court; member of the Court in the adjudication of any matter to which he is ~onf1ict of .. . . m~ •. a party or m which he has a pecuniary or personal mterest. "customary law" means any rule other than a rule of general law, having the force oflaw in any Chiefdom (2) Where any doubt arises as to whether any member of of the provinces whereby rights and correlative the Court is a party to a matter before the Court or has any pecuniary duties are acquired or imposed in confonnity with or personal interest in such matter, the Court shall refer the matter to natural justice and equity and not incompatible, either a Magistrate's Court which shall determine the question with all directly or indirectly, with any enactment applying dispatch and make such order as may be appropriate. to the provinces, and includes any amendment of customary law made in accordance with the 4. (I) The Chief Justice or any other judge authorized by Dismissal, etc. provisions of any enactment; him in that behalf, may, after consultation with the Commission, dismiss of Chairman "general law" means the laws in force in Sierra Leone or suspend the Chainnan, Vice-Chainnan or other member of the Court etc. other than customary law; who appears to have abused his power of adjudication or to be unworthy or incapable of exercising that power. "Minister means the Minister responsible for judicial affairs; (2) Upon his dismissal or for the period of his suspension, "Provincial Secretary" includes a Senior Assistant the Chairman, Vice-Chairman or other member of the Court shall be Secretary; disqualified from exercising any power of adjudication under this Act or any other enactment. "Rules of Court Committee" means the Rules of Court Committee established by section 145 of the 5. A person shall not be qualified to be appointed Chairman Qualifications Constitution. or Vice-Chainnan of the Court unless he- for appomt- ment as (a) is proficient in the dominant ethnic language Loc~l Court ' cd Clialrman. PART II-ESTABLISHMENT AND ADMINISTRATION OF o f t h e Chlel' om; LOCAL COURTS (b) has resided in the Chiefdom for a continuous period of not less than five years; Establishment 2. (I) There is hereby established for each Chiefdom of of Local Sierra Leone a Local Court which shall consist of a Chairman, Vice- (c) is knowledgeable and experienced in the Courts. Chainnan and such other member or members as the Minister may customs and traditions of the Chiefdom; and detennine. (d) has not been convicted of an offence involving fraud or dishonesty. 4 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 5 Appointment 6. (I) Every Court shall have- (4) Members appointed under paragraphs (b) and (e) of of officers of subsection (2) shall hold office for a period of three years and Local Courts. (a) Clerk of Court; thereafter shall be eligible for re-appointment for not more than two (b) Finance Clerk; other tenns. (c) Bailiff, and (d) such other officers as the business of the (5) The members of a Local Courts Service Committee Courtrnay require, shall be paid such allowances as the Chief Justice may, subject to the approval of the Minister responsible for finance detennine. all of whom shall be appointed by the Chief Justice after consultation (6) The Committee shall regulate the procedure for the with the Commission. conduct of its meetings. (2) A person shall not be appointed Clerk of Court,

8. Pursuant to subsection (2) of section 142 of the Terms and Finance Clerk or Bailiff unless he is literate in English. Constitution, the Commission may, by constitutional instrument, con~itionfs of . .. . . service 0 prescnbe the terms and conditIons of servIce of members and offIcers members and Local Courts 7. (I) (I) There is hereby established for each province, a Service Committee to be known as the Local Courts Service Committee for of the Courts. officers. Committee. the purpose of advising the Commission on appointments, transfers, promotions and dismissals of officers and servants of Local Courts. 9. (I) The Clerk of Court shall perform such duties as may Duties of be assigned to ~im by Rules made ~de.r this Act or any oth~r g~~~t.0f (2) Each Local Courts Service Committee shall consist enactment, or subject thereto, by any dlrecllon ofthe Court and, ill of- particular, he shall- (a) the resident High Court judge of the province, (a) prepare and issue all warrants, writs and who shall be Chairman; processes; (b) a Paramount Chief, representing the council (b) record all processes of the Court; of Chiefs of the province; (c) register all orders and judgments ofthe Court. (c) a representative of the Minister; (2) Subject to the approval of the Chairman, the Clerk of (d) the Provincial Secretary; Court may delegate any of his duties to any other officer or servant of the Court who shall perform the same in accordance with such (e) a person having experience m the administration of Local Courts, and directions as he receives from the Clerk of Court. (I) a representative of the Local Councils in the 10. The Finance Clerk shall, in addition to such other duties as Duties of Province; may be prescribed- Finance Clerk. (g) a Member of Parliament of the Province (a) receive and pay into the Consolidated Fund selected by the Members of Parliament from all fees, penalties, fines and other moneys the Province. taken by the Court; and (3) The members of each Local Courts Service Committee (b) keep an account of all the moneys so received shall be appointed by the President. and paid by him. 6 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 7 Duties of 11. (I) The Bailiff shall perform such duties as may be (b) the level of commercial or economic activity Bailiff assigned to him by Rules made under this Act or any other enactment, in the Chiefdom; or subject thereto, by any direction of the Court and in particular he shall- (c) the proximity of the Court orproposed Court to existing Courts; and (a) effectthe service or execution of all writs and other processes which he receives from the (d) the ethnicity of the Chiefdom in which it is Court; proposed, to establish a Court or in which it is proposed that a Court shall cease to (b) make all necessary returns in relation to such exercise its jurisdiction. writs and processes;

14. (I) The expenses of the Court, including the salaries and Protection of (c) when he is not engaged on duties which allowances of the members and officials of the Courts, shall be a members and . officers of necessitate his absence from the Court, charge on the ConsolIdated Fund. Local Courts. attend and obey all lawful directions of the Court. (2) No member of the Court shall be liable to be sued in any civil court for any act done by him within the local limits of his (2) The Court may appoint one or more members of the jurisdiction in the exercise of his judicial duty, or for any order made Chiefdom Police to assist the Bailiff in the exercise of his functions by him, if he, at the time, reasonably and in good faith believed that and any member of the Chiefdom Police in possession of any process he had jurisdiction to do or order the act complained of shall be presumed to be uthorized to execute such process unless the contrary is proved. (3) No officer of a Local Court or other person bound to execute the lawful warrants or orders ofthe Court shall be liable to be Sessions. 12. (I) Subject to subsection (2), the Court shall hold sued in any civil court for the execution of any warrant or order which sessions at such times and places as may be necessary for the he would be bound to execute if within the jurisdiction of the Court convenient and speedy dispatch of the business of the Court. issuing the same. (2) The Chief Justice or any person or body authorized (4) Where, as a result of any proceedings, any member or by him in that behalf may direct sessions to be held at such times and officer of a Local Court or such other person as is mentioned in places as he thinks fit. subsections (2) and (3) is required to pay compensation under subsection (4) of section 17 of the Constitution and that member, Power to 13. (I) The Chief Justice may by statutory instrument officer or other person can show that he reasonably and in the good establish additional establish additional Courts that may be required or direct that any faith believed that he had authority, or as the case may be, that the Courts. Court which is no longer required shall cease to exercise jurisdiction. Court had jurisdiction to issue the warrant or order under which he acted, he shall be entitled to receive from the Accountant-General the (2) In the exercise of the powers conferred upon him amount of compensation he has paid by virtue of any judgment under subsection (1), the Chief Justice shall have regard to such against him in any such proceedings and any such sums paid by the considerations as he may think relevant, including- Accountant-General shall be a charge on the Consolidated Fund. (a) the population of the Chiefdom; 8 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 PARTIII-JURISDICTION (5) The jurisdiction conferred by this section shall apply to all persons within the local limits of the Court's jurisdiction and Jurisdiction. 15. (1) Subject to this Act, a Local Court shall have jurisdiction where there is no provision of customary law, the general law shall to hear and detennine all civil and criminal matters arising within the apply. local limits of its authority or transferred to it by a Customary Law Officer under section 34. (6) Section 28 of the Provinces Act is repealed. (2) In addition to its original jurisdiction over all 16. In addition to the jurisdiction conferred by section 15, the Additional customary law offences, the Court shall have jurisdiction to hear and Chief Justice may, by statutory instrument, confer on a Local Court jurisdiction. detennine any criminal offence punishable by a fine not exceeding additional jurisdiction to enforce all or any of the provisions of any fifty thousand leones or a tenn of imprisonment not exceeding six enactment. months or by both such fine and imprisomnent PART 1V-PROCEDURE AND POWERS OF LOCAL COURTS (3) A Local Court shall have jurisdiction-

17. Subject to this Act and any Rules made under sections 55 Practice and (a) to hear and determine all civil cases governed and 56, the practice and procedure of the Court shall be governed by procedure. by customary law, including cases between customary law. Paramount Chiefs or Chiefdom Councils involving a question of title to land; 18. (1) The room or place in which the Court sits shall be an Proceedings to open or public court to which members of the public may have access be held in (b) subject to subsection (4), to hear and · de' . 1 open court. so 1ong as they are 0 f goo db eh avlOur an so lar as It may convement y determine all civil cases governed by the accomm odate them. general law where the claim, debt, duty or matter in dispute does not exceed one million (2) Notwithstanding subsection (1), the Court may leones, whether on balance of account or exclude members of the public in cases where young persons are otherwise, or in claims for recovery of involved or where the administration of justice would be rendered possession, where the annual rental value impracticable by the presence of the public. of the property does not exceed three million leones and the term of the lease does not 19. (1) No legal practitioner, other than a practitioner who is Legal repre- exceed five years; a party and acting solely in his own behalf, or other persons, may sentation. appear before the Court on behalf of any party to any proceedings (c) to administer the estate of deceased persons, therein. situated within its jurisdiction and the administration of which is governed by (2) Notwithstanding subsection (1), the Courtmaywhere customary law; but the adininistration of the for a good cause a party cannot be present in person, pennit the Act No. 21 absent party to be represented by a spouse, guardian or relative duly of 2007 estate shall not contravene any provision of the Devolution of Estates Act,2007. authorised by him in that behalf, but in such cases the absent party shall not be represented by a legal practitioner. (4) Notwithstanding subsection (3), the Court shall have no jurisdiction in any action founded upon libel, slander, false (3) The person representing a spouse, guardian or relative imprisonment, malicious prosecution, seduction or breach of promise shall not be punished for a judgement given in the absence of the of marriage. party. 10 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 11 Courts' 20. (I) The Court, acting within the limits of its jurisdiction, Provided that any compensation or powers to expense awarded under subparagraph make orders may make such orders and impose such punishments as may be and impose made or imposed in a Magistrate's Court and without prejudice to the (i), (ii) or (iii) shall not be regarded as a punishment. generality of the foregoing, may in particular- penalty, but shall be recoverable as a judgment debt in the Court by which (a) in criminal cases- the order for payment is made but nothing in this proviso shall in any way (i) in addition to the imposition of a fine or affect or limit the powers conferred the sentence to a tenn of imprisonment, upon the Court by section 22; order any person convicted before it of any offence, if it is of the opinion that (v) order the operation of the whole or any the person or property of the part of a sentence of imprisonment complainant has suffered damage by the passed upon a person by the Court to commission of the offence and the be suspended for a period not complainant so requests, to pay to the exceeding three months on such complainant such sum as appears to the conditions, relating to compensation to Court to be reasonable compensation be made by the offender for damage or not exceeding twenty five thousand pecuniary loss, or to good conduct, or leones: to any other matter whatsoever, as the Court may specify in that order; Provided that the award of such compensation shall be a bar to all further (b) in civil cases- proceedings in respect of the damage (i) order the payment of money due as damages, so suffered; compensation and reasonable costs and (ii) order any person convicted before it to expenses incurred by the successful party pay all or any specified part of the and his witnesses; expenses of his prosecution; (ii) order the recovery of possession of land and (ni) where it appears to the Court that a the restitution of property; charge is malicious, frivolous or (iii) grant interlocutory and final injunctions and vexatious, order the complainant to pay order specific perfonnance in appropriate all or any specified part, ofthe expenses cases, according to custom and precedent; of the prosecution or the defence; (iv) where necessary, make any other order which (iv) when exercising the powers conferred the justice of the case may require. upon it by subparagraphs (ii) and (iii) order the whole or such proportion as (2) The Court shall have no jurisdiction to impose any the Court thinks fit of the expenses so punishinent not expressly authorized under this Act or any other paid, to be paid over to the complainant enactment. or the accused person, as the case may be: 12 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 13 Suspended 21. (I) Where the operation of a sentence of imprisonment 6 and 7 Geo. (b) any negotiable instrument which has been sentences. V Cap 50 has been suspended by the Court under subparagraph Cv) of bonafide received by transfer or delivery by paragraph Ca) of subsection (I) of section 20 and the convicted one person for a just and valuable person has, during the period of suspension observed all the consideration without notice, or without any conditions specified in the order, the sentence shall not be enforced. reasonable cause to suspect that it has been stolen or othervvise dishonestly obtained; or (2) If the conditions imposed under subparagraph Cv) of paragraph Ca) of section 20 are not fulfilled, the convicted person Cc) any offence against sections 20, 21, and 22 may upon the order of the Chainnan of the Court, be arrested without of the Larceny Act, 1916. warrant and brought before the Court which suspended the operation C4) On the restitution of any stolen property, if it appears of his sentence and the Court may direct that the sentence shall be to the Court by the evidence that the person convicted has sold the executed forthwith or after the expiration of any other sentence which stolen property to any person and that that person had no knowledge such person is liable to serve. that the property was stolen and that any moneys have been taken from the person convicted on his apprehension under subsection (3) Notwithstanding subsection (2), the Court which (1), the Court may, on the application of such purchaser, order that suspended the operation of the sentence may, if satisfied that the out of such moneys a sum not exceeding the proceeds of such sale convicted person has been unable through circumstances beyond be delivered to such purchaser. his control to perfonn any condition of such suspension, grant an order further suspending the operation of the sentence, subject to 23. (I) Every Court shall have power- Witnesses. such conditions as might have been imposed at the time of the passing of the sentence. Ca) to require any person actually before the Court to give evidence in any case and to answer Restitution. 22. (1) Where upon the arrest of a person charged with an any question put to him by the Court; and offence, any property is taken from him, the Court before which he is charged may, if it thinks fit, order that the property or a part of the (b) to summon before the Court for the purposes property be restored to him or to such other person as he may direct. of giving or producing evidence any person in Sierra Leone: (2) Where any person is convicted of having stolen or Provided that- otherwise having dishonestly or wrongfully obtained any property, the Court convicting him may order that the property or a part of the Ci) any person so summoned to give property be restored to the person who appears to it to be the owner evidence shall be entitled to receive his thereof, either on payment or without payment by the owner to the reasonable travelling and lodging person in whose possession such property or a part thereof then is, expenses in advance and reasonable of a sum specified in such order. compensation for his loss of time; (3) Subsection (2) shall not apply to- Cil) no person other than an accused person shall be bound to answer any question Ca) any valuable security which has been or to produce any document, where the bonafide paid or discharged by any person answer to the question or the contents liable to payor discharge the same; or of the document might tend to incriminate him; 14 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 15 (iii) in the case of an accused person, he (2) The search warrant shall be executed by the member shall not be required to answer any of the Chiefdom Police or other person who shall have charge thereof; question or produce any document the and he may be accompanied by any other court officials necessary to answer to which or the contents of assist him. which might tend to incriminate him in respect of an offence other than that for (3) If the premises, vessel, vehicle or place is closed and which he is being tried. the member of the Chiefdom Police or other person is not admitted after making known his authority and demanding admission, he may, (2) Any person summoned as a witness who refuses or if the warrant empowers him to do so, forcibly enter such premises, neglects without sufficient cause, to appear or to produce any vessel, vehicle or place and every part thereof. document required by the summons to be produced may be compelled by warrant to attend and shall be liable to a fine not exceeding fifty (4) The search warrant shall not be executed between the thousand leones. hours of eight 0' clock at night and five 0' clock in the morning, unless (3) Any witness who refuses to take an oath or to make the Chairman issuing the warrant, by an order endorsed on the warrant an affinnation or to give evidence or answer any lawful question gives authority for its execution at any time. shall be guilty of contempt of court and liable to a fine not exceeding fifteen thousand leones or imprisonment not exceeding three months. 26. (1) \\!henever any premises or place liable to be searched Free entry to is closed, any person residing in or being in charge of such premises ~:~~h~~~ Joinder of 24. If it appears at any stage of a civil proceeding before the or place shall, on demand by the person executing the search warrant, parties. Court that any person other than the parties thereto, ought by reason and on production of the warrant allow him free entry to or an exit of his having an interest in, or of his being likely to be affected by the from such premises or place, and afford all reasonable facilities for a result of, the proceedings, to be made a party thereto, the Court may search. either of its own motion or on the application of the person or of either party, order that he shall be made a party to the proceedings (2) If entry to or exit from such premises or place cannot and on such order being made, notification thereof shall be served be obtained after production of the search warrant, it shall be lawful on the person concerned and the Court may make such consequential for the person executing the search warrant to enter such premises orders as to costs or otherwise as may be just. or place using such force as is reasonably necessary and search therein. Search 25. (I) If the Chainnan ofthe Court is satisfied on infonnation warrants. sworn before him that in fact, or according to reasonable suspicion, (3) \\!here any person in or around such premises or any animal, matter or thing on, by, or in respect of which, a criminal place is reasonably suspected of concealing on his person any article offence has been, or is being or is about to be committed is in any for which the search is made, such person shall be searched by a particular premises, vessel, vehicle or place, he may issue a search person of the same sex. warrant authorizing any member of the Chiefdom Police or other person named therein to enter such premises, vessel, vehicle or place 27. The Court may of its own motion or on the application of Inspection. (which shall be named in the warrant) if necessary, by force and to any party to a proceeding, make such order for the inspection by the search the same and every person found therein and if any animal, Court, the parties or witnesses of any land or property the inspection matter or thing searched for is found, to seize the same and to arrest of which may be material to the proper detennination of any question the occupier of the premises, vessel, vehicle or place if the Chainnan at issue and may give such directions in respect of such inspection thinks fit so to direct. as the Court may think fit. 16 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 17 Place of 28. Every person sentenced to be imprisonment by the Court 31. (I) The Court may, whenever it thinks necessary to do Power to imprisonment. or arrested in execution of the process of the Court. shall be imprisoned . appomt so for the preservatIOn, proper custody or management of any property receiver and in such prison or lock-up as the 11inister may from time to time which is the subject of any proceedings before it, appoint any person manager. prescribe or in any particular case, by order, specifically direct. of established financial integrity to receive and take charge of any such property and deal with it in such manner as the Court shall Recovery of 29. (I) The Court may order that any fine which it may impose fines and shall be paid at such times and by such instalment as it may think just direct imprisonment in default. and in default of the payment of any fine or instalment thereof, the Court may order the convicted person to be committed to prison for (2) In determining whether it is just and convenient that a period not exceeding the period specified in the following scale:- such an appointment should be made, the Court shall have regard to all relevant circumstances and in particular, the value of the property Fine Period of in question and the probable costs of the appointment Imprisonment Not exceeding ten thousand leones seven days (3) Unless otherwise ordered, the person to be appointed shall first give such security as shall be fixed by the Court and shall Exceeding ten thousand leones but be allowed a proper salary or allowance. not exceeding fifteen thousand leones fourteen days (4) Any person appointed under this section shall render Exceeding fifteen thousand leones to the Court regular accounts at such intervals, not being greater but not exceeding twenty thousand leones one month than one year, as the Court shall prescribe, of all the property received or disposed of by him in execution of all directions given by the Exceeding twenty thousand leones but not exceeding twenty-five Court under subsection (I). thousand leones three months

32. (I) Within seven days after the end of every month, the Return of Exceeding twenty-five thousand leones six months. Clerk of Court shall forward to the Magistrate of the District a complete cases. list of all cases decided or commenced in the Court during the (2) Where a person has been committed to prison by the preceding month. Court for non-payment of a fine and such person thereafter pays the whole or part of the fine, his imprisomnent shall be reduced by the (2) The list of cases shall be in such fonn as the Chief number of days bearing as nearly as possible the same proportion to the total number of days for which such person was committed as the Justice may from time to time prescribe. sum paid bears to the amount of the fine.

33. A Magistrate shall have access to all Local Courts in his Access to Execution of 30. Any judgement or order given or made by the Court in a District and all books, records and other documents in the custody ~e~~~~~~~rts. civil civil case may be executed in such manner as may be prescribed by of the Courts. judgment. Rules made under section 55. 18 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 19 PART V-TRANSFERS, REVIEWS AND APPEAL S 39. (I) A person aggrieved by an order or decision of the Right of appeal. Court may appeal to the DistrictAppeal Court Power of 34. (I) A Customary Law Officer may, of his own motion or Customary on the application of the Court or any party to the proceedings, for (2) The convicted person or, in the case of civil Law Officer to transfer reasonable cause, transfer any proceedings initiated before the Court, proceedings, both parties, shall be informed of their right to appeal to cases to another Local Court, or the District Appeals Court as, in all the the DistrictAppeal Court at the termination of the proceedings before circumstances, appear to be most expedient, and any proceedings so the Court. transferred shall be commenced de novo. (3) No judgment or order of aLocal Court in a civil cause (2) Notice of any application made by a party under or matter shall be executed until a period offifteen days, commencing subsection (I) shall be given at the office of the Court before which on the day of the termination of the proceedings in the Court, has the proceedings have been commenced. expired. Power of 35. A Customary Law Officer may, of his own motion, where a (4) If in a civil case either of the parties states that he review. primafacie case of miscarriage of justice is disclosed or where there desires to appeal to the DistrictAppeal Court, the Court shall endorse is an error oflaw on the face of the record, review any decision of the the record with the words "This judgment (or order) is under appeal" Court, whether civil or criminal. and shall not be executed, unless and until it is confirmed by a judgment of the DistrictAppeal Court and cause it to be transmitted Review not 36. A Customary Law Officer shall not exercise his powers of available without delay to the Clerk of the District Appeal Court review in any case where an appeal is pending. where appeal pending. (5) If the person aggrieved did not inform the Clerk of Court at he termination of the proceedings of his desire to appeal to Exercise of 37. (I) Notice shall be given to the Court and the parties the District Appeal Court, he may nevertheless appeal at any time power of review. concerned of the intention to review any proceedings and any such before the expiry of the period of fifteen days prescribed in subsection party shall be heard, ifhe so desires, at the time and place specified in (3) by declaring his intention to appeal either- such notice. (a) before the Clerk of Court, or (2) Any notice given under subsection (I) shall operate as a stay of all proceedings in execution of the decision or order of (b) before the Clerk of the DistrictAppeal Court who the Court. shall forthwith inform the Clerk of Court of any Orders of such declaration;

38. In the exercise of the power of review, the Customary Law reviewing officer. Officer may set aside the conviction, sentence, judgment or order of the Court and where he considers it desirable, order any case to be and in either case, the Clerk of Court shall endorse on the record the re-tried by the same Court or any other Court of like jurisdiction or words set out in subsection (4) and cause it to be transmitted without before a Magistrate's Court or, make such consequential order as he delay to the Clerk of the District Appeal Court. may think necessary. (6) On receiving the record so endorsed, the District Appeal Court shall list the appeal for hearing and cause notice of the date of the hearing to be given to the Court and all interested parties. 2D No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 21 District 40. (I) As from fhe commencement of this Act, there shall be (bb) with the leave ofthe District Appeal Court. Appeal Court on any ground constituted a District Appeal Court for every district which shall consist of the Magistrate of the District sitting with two Assessors of appeal which involves a selected by him from a list of experts in customary law drawn up by question of fact or mixed law fhe District Officer. and fact; (2) Notwithstanding subsection (I), where it appears that (il) in all civil cases. s. I. No. 29 no question of customary law will arise, the J\![agistrate may sit without (3) An appeal under subsection (2) shall be brought by a of 1985. Assessors. petition setting forth the grounds of appeal filed in the Registry of (3) The Assessors shall advise the Magistrate on the High Court wifhin fhirty days ofthe decision appealed from and questions of customary law but the decision shall be vested in all other respects the procedure with respect to the appeal shall be exclusively in the Magistrate who shall record fhe reasons for his governed by the same rules as if fhe decision appealed from had decision. been that of a Magistrate's Court. (4) On any appeal fhereto, fhe DistrictAppeal Court shall (4) The Assessors shall advise the Judge on questions rehear the whole case and hear any additional witnesses called by of customary law but the decision shall be vested exclusively in the the parties even though they did not give evidence in the court Judge, who shall record the reasons for his decision. below. (5) In an appeal before fhe District Appeal Court a party 42. For the purposes of an application of fhe rules relating to Further may be represented by a legal practitioner. an appeal to the Court of Appeal, all cases in which an appeal lies to appeals. the Local Appeals Division of the High Court shall be deemed to Appeal to 41. (I) There is hereby constituted a Local Appeals Division have originated in a Magistrate's Court and shall be governed by the Local Appeals offhe High Court which shall consist of a Judge of the High Court provisions of fhe Court of Appeal Rules, 1985. Division of High Court. sitting with two Assessors selected by him from a list of experts in 43. (I) On an appeal, fhe appellate court may- Powers, etc. customary law drawn up by the Provincial Secretary. of appellate (a) confinn the judgment, order or sentence of courts. (2) An appeal shall lie from decisions offhe DistrictAppeal the court below; Court to fhe LocalAppeals Division offhe High Court in fhe following cases:- (b) substitute for fhe judgment, order or sentence of the court below any judgment, order or (a) all cases governed by the general law, if fhe sentence which might lawfully have been case has been heard by a Magistrate at first made at first instance; instance; (b) in cases governed by customary law- (c) remit the case to the original court or any other court of similar jurisdiction for re- (i) in criminal cases- hearing; (aa) as of right on any ground of (d) make any order as to costs of fhe proceedings appeal which involves a both in fhe appeal and in fhe courts below as question of law alone; may be just; 22 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 23 Ce) exercise any power which might lawfully have consent of the parties thereto, he conducts an arbitration or like been exercised by the courts below; settlement in any matter in accordance with the relevant customary law or any enactment. CI) make any supplementary or consequential orders as the justice of the case may require. (3) No prosecution for an offence against subsection (1) shall be instituted without the consent in writing of the Director of (2) Notwithstanding that the appellate court is of the Public Prosecutions. opinion that a point raised on the appeal might be decided in favour

45. (1) No fees or fines in excess of those authorized by this Exacting of the appellant, no process or proceedings of the Court shall be set aside or declared void by reason of a purely technical nature, if the Act or ~ny other enactment shall. be ~ernanded or exacted from ar~y ;:~s~ssive appellate court is satisfied that no substantial miscarriage of justice person m respect of any proceedIngs m the Court and any default ill has occurred. complying with an order for the refund of fines, fees or costs made by a superior court or reviewing officer shall be deemed to be an exaction (3) Where any time is fixed by this Act or any rule made of fees or fines in excess of those authorized. under this Act for the bringing of any appeal or the doing of any act or thing, an appellate court may, if the justice of the case so requires, (2) Any member, officer or servant of the Court who extend any such period of time on such terms as it shall think fit contravenes subsection (1) commits an offence and shall be liable on summary conviction to a fine not exceeding two hundred thousand C4) Notice of any application made by a party under leones or to imprisonment for a tenn not exceeding one year or to subsection (1) shall be given at the office of the Court before which both such fine and imprisonment. the proceedings have been commenced.

46. Any person who- Obstruction of Bailiffs, PARIVI-OFFENCES (a) assaults, obstructs, molests or resists; or etc. Adjudicating 44. (1) Any person who- (b) aids or incites any other person to assault, without obstruct, molest or resist, authority. Ca) within the area of the jurisdiction of any duly constituted Local Court exercises or attempts any Bailiff or other person acting or proceeding in the execution of to exercise judicial powers, othervvise than in his duties under section 11, commits an offence and shall be liable on accordance with the provisions of any summary conviction to a fine not exceeding fifty thousand leones or enactment; or to imprisonment for a tenn not exceeding three months or to both such fine and imprisonment. (b) sits as a member of the Court without due authority, 47. A person who without lawful excuse- Contempt of Court. commits an offence and shall be liable on summary conviction to a Ca) intentionally insults the Court in session or fine not exceeding two hundred thousand leones or to imprisonment any member thereof; for a term not exceeding one year or to both such fine and imprisonment. (b) intentionally interrupts the proceedings of the Court; (2) A person shall not be regarded as having committed an offence under paragraph Ca) of subsection (1) where with the Cc) refuses or neglects to comply with any lawful order of the Court; 24 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 25 (d) wrongfully refuses to vacate any land or give 50. Any person charged with the responsibility of recording Falsification of records. up possession of property to any person who the proceedings of the Court, who knowingly makes or causes to be has obtained judgment from the Court for the made a false record of such proceedings commits an offence and is recovery of possession of such land or property; liable on summary conviction to a fine not exceeding one hundred and twenty thousand leones or to imprisonment for a term not (e) having the means to pay any sum by way of exceeding three months. compensation or costs or otherwise in civil or criminal proceedings awarded against him by the Court refuses or neglects after the due notice to make such payment in PART VII-MISCELLANEOUS accordance with any order for payment whether by installments or otherwise; 51. The powers vested in the Chainnan under this Act or any Powers of Chairman. Rules made under this Act shall be exercisable by a Vice-Chairman. (I) refuses to obey any summons to appear before the Court;

52. (1) For the purposes of the functions set out under Customary . . Law Officers. commits an offence and shall be liable on summary conviction to a subsecllon (2), there shall be as many Customary Law OffIcers as fine not exceeding twenty five thousand leones or to imprisonment may be required. for a tenn not exceeding one month. False 48. (1) Any person who in any proceedings before the Court (2) The functions of a Customary Law Officer shall evidence. gives evidence whether on oath or othervvise which he knows to be include- false or does not believe to be true commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand (a) advising Local Courts in matters of law and leones or to imprisonment for a tenn not exceeding three months. organization; (2) Notwithstanding subsection (1), a person shall not be convicted of an offence under subsection (1), solely upon the (b) undertaking research for the development of evidence of one witness as to the falsity of any statement alleged to customary law; be false. Rendering 49. Any member, clerk or other officer of the Court who (c) assisting in the training of the personnel of false returns. knowingly renders, or cause any subordinate officer to render, a false the Court ; and return of cases tried or penalties imposed by the Court commits an offence and is liable on summary conviction to a fine not exceeding (d) such other functions as the ChiefJustice may one hundred and twenty thousand leones or to imprisonment for a term not exceeding three months or to both such fine and from time to time confer upon him under this imprisonment. Act. 26 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 Reference to 53. Whenever it appears to the High Court or a Magistrate Local Courts. Ci) the rules relating to arrest of accused persons Court that any proceedings before it are properly cognizable by the and the issue and execution of search Court, it may stay any proceedings before it and refer the parties to warrants; such Court and make such consequential orders as to costs or otherwise as the justice of the case may require. G) the rules relating to the rendering of returns of reviewing officers; Fines, fees . 54. Notwithstanding any enactment to the contrary, all fees, etc. to be paid 11 b 'd . d into Con so- fines and other moneys taken by the Court sha e pm mto an (k) the procedure relating to the institution of lidated Fund. shall fonn part of, the Consolidated Fund. prosecutions and hearing of appeals and reVIews; General power The Rules of Court Committee may, by statutory 55. to make rules. instrument, make rules prescribing any ofthe following matters:- (1) the classes of proceedings existing under customary law which are to be regarded as Ca) the practice and procedure of the Court; civil or criminal proceedings, respectively. (b) the fees to be charged in the Court; 56. The Chief Justice may make Rules for the following Power of Chief Justice rnatters:- to make rules Cc) the procedure relating to the swearing of witnesses; Ca) the forms to be used in the Courts; Cd) the rules of evidence in the Court; (b) the records to be kept by the Courts; Cc) subj ectto section 55, any other matters which Ce) the practice relating to the remand of accused may require to be prescribed in order to ensure persons; the effective operation of any of the provisions of this Act. CI) the rules relating to bail;

57. Any Rules made under sections 55 and 56 shall apply to all Application (g) the rules relating to the execution of of Rules. Local Courts and DistrictAppeal Courts or to such particular Local sentences and civil judgments; Court or Courts, as may be specified therein. (h) the costs to be allowed in civil and criminal Repeal of Act

58. (1) The Local Courts Act, 1963 is repealed. cases; No. 20 of 1963 and savings. 28 No. 10 Local Courts Act 2011 No. 10 Local Courts Act 2011 (2) Notwithstanding the repeal of the Local Courts Act 1963-- Ca) all Courts and District Appeal Courts in existence immediately before the commence- SCHEDULE ment of this Act shall not be affected by the repeal except as is expressly stated in this Act; FORM OF OATH OF LOCAL COURT MEMBER CSection 2) (b) no proceedings before any Court which were I ......................................................................................................... being appointed the finally terminated before the commencement *ChainnaniVice Chainnan/amember of the .. of this Act shall be re-opened but any Court do hereby swear/affirm that I will well and truly serve as the judgment, order or sentence made or passed in any such proceeding may be enforced in *ChainnanlVice-Chainnan/a member of the .. the same way as if the Act were still in force; Court and will do right to all manner of people according to the laws and customs Cc) all proceedings in any Court commenced recognized by such Court without fear or favour, affection or ill will and that I will under the repealed Act, which have not been not accept in respect of my service as *ChainnanNice-Chainnanirnernber, any bribe, finally completed at the commencement of this Act shall be prosecuted and continued or any unlawful recompense, reward or benefit whatsoever. in conformity with this Act as far as consistently may be; Cd) all Orders, Rules or Regulations made under the repealed Act, and in force at the So help me God. commencement of this Act shall continue in (*Delete whichever is not applicable) force and have effect as if made under the provisions of, and with such modifications as may be necessary to bring them into conformity with, this Act, until such time as they are replaced by Orders or Rules made under this Act or until they are expressly revoked under this Act or any other enactment.