National Land Commission Act (No. 19 of 2022)

fi rr ad S75 RS na z Che Sierra Leone Gasette (Extraordinary) Published by Authority Vol. CXLXUI FRIDAY 23RD SEPTEMBER, 2022 No. 69 Freetown. 23rd September, 2022. Govt. Notice No, 368 The following Acts which were passed in Parliament on the 2nd and 8th day of August, 2022, respectively and signed by His Excellency the President on the 6th and 8th day of September, 2022 respectively are hereby published as supplement to these numbers of the Sierra Leone Gazette Extraordinary:— Act No. 19 of 2022 entitled—“The National Land Commission Act, 2022.”— Being an Act to provide for the establishment of the National land Commission, the District Land Commission and other land administrative bodies to secure effective and holistic land administration and to provide for other related matters Govt. Notice No. 369 ss Act No. 20 of 2022 entitled—“The Customary Land Rights Act, 2022.”— Being an Act to provide for the protection of customary and rights, the elimination of discrimination under customary law and the management and administration of land subject to customary law and to provide for other related matters. Govt. Notice No. 370 Act No. 21 of 2022 entitled—“The National Revenue Authority Act, 2022.”— Being an Act to repeal and replace the National Revenue Authority Act, 2002 to provide for the continued existence of the National Revenue Authority as a central body responsible for the assessment and collection of taxes and specified revenues; to provide for the administration and enforcement of specified revenue laws and to provide for other related matters. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE Annual Subscription:—Inland—Le450,000.00, Overseas—Le2,750,000.00 To be purchased from the Government Bookshop, Wallace Johnson Street, Freetown. Price:-Le!0,000.00 G.P. O/163/22/600/9.22. ACT Supplement to the Sierra Leone Gazette Extrordinary Wol. CXLXITH, No. 69 I, — e e t S E S nes o> PCP P N D A A A W Y dated 23rd September, 2022 THE NATIONAL LAND COMMISSION ACT, 2022 TABLE OF CONTENT PART I-PRELIMINARY Interpretation. PART II-ESTABLISHMENT OF NATIONAL LAND COMMISSION Establishment of National Land Commission. Common seal. Functions of the Commission. Board of Directors. Tenure of Members of the Board. Filling of vacancies. Meetings of the Board. Disclosure of Interest. Immunity of Members of the Board. Remuneration and allowances of Members of the Board. Committees of Board. Standing Orders. PART IU-THE ROLE OF THE MINISTER AND THE MINISTRY 14. 15. Role of the Minister. Role of the Ministry. PART IV-THE SECRETARIAT OF THE NATIONAL LAND COMMISSION 16. ih: 18. 19. Secretariat. Commissioner-General. Removal or suspension of Commissioner-General. Deputy Commissioner-General. A E B R E 26. 27. F S 8 B 32. 33. 35, 36. 37; 38. 39. 41. No. 19 The National Land Commission Act 2022 Additional requirement for Commissioner-General and Deputy Commissioner-General. Commissioners. Departments. Title Registry Department. Legal Department. Cadastral Index Mapping Department. Monitoring and Evaluation Department. Corporate Communication and Advocacy Department. Other Staff. Secondment of public Officers. Experts. Protection of Officers. PART V-DISTRICT LAND COMMISSION District Land Commission. Composition of District Land Commission. Functions of the District Land Commission. Meetings. Secretariat of District Land Commission. Units. Title Registry Unit. Alternative Dispute Resolution Unit. Cadastral Index Mapping Unit. Report. PART VI-CHIEFDOM LAND COMMITTEE Chiefdom Land Committee. Composition of Chiefdom Land Comunittee. Functions of the Chiefdom Land Committee. Vesting of Communal Land. No. 19 The National Land Commission Act 2022 iti 47, 48, 49. 51. 52. 53. 55. 57. 58. 59. 60. 61. 62. 63. 64. Accountability for communal! Land Meetings Appeal to the District Land Commission PART VII-TOWN OR VILLAGE AREA LAND COMMITTEE Town or Village Area Land Committee Composition of Town or Village Area Land Committee Functions of the Town or Village Area Land Comunittee Vesting of communal village Land. Accountability. Meetings. Community Rules. Appeal to the District Land Commission. PART VID-THE NATIONAL LAND REGISTRY National Land Registry. Land Tiltle Registration. Chief Registrar Register. . District Land Registries. Registrar of District Land Registry. Public access to the Register. Seal of Registry. PART IX-REGISTRATION OF LAND SUBJECT TO CUSTOMARY LAW 65. 66 67 68. 69 70 Ths Registration of land subject to customary Law. Immunity of Transfer. Land tenure Rights. Assistance to Register Land. : Non-Registration of Land. Cost of Registration. Submission of Application etc iv No. 19 The National Land Commission Act 2022 PART X-MANAGEMENT OF COMMUNAL LANDS AND NATURAL 72, 73. 74, Ds 76. ws F E S S E 2 8 2 R 8. S B R RESOURCES Public land Benefits of communal land Rules or Bye Laws Non-establishment of Town or Village Area Committee Legal action PART XI~LAND DISPUTE Grievance redress mechanism Land Adjudication Tribunal Land tenure disputes Field level grievance redress mechanism Approaching another grievance mechanism Decisions in writing Operational grievance Complaints PART XII-FINANCIAL PROVISIONS Funds of the Commission. Estimates of income and expenditure of the Commission Books of account Financial year of Commission Annual report PART XIII-MISCELLANEOUS PROVISIONS Regulations Repeal Sicnep this 6th day of September, 2022. as DR. JULIUS MAADA BIO, ‘ President. No. 19 2022 Sierra Leone The National Land Commission Act 2022 Short title. Being an Act to provide for the establishment of the National land Commission, the District Land Commission and other land administrative bodies to secure effective and holistic land administration and to provide for other related matters { ] Date of com mencement. Enactep by the President and Members of Parliament in this present Parliament assembled. 2 No. 19 The National Land Commission Act 2022 PART I—PRELIMINARY Interpretation. 1. In this Act, unless the context otherwise requires "basic map" means a flat graphic representation of the area of the earth's surface of interest, depicting topologically true, the boundary fabric of landed property with unique identifiers, and sufficient geographic orientation features, produced by para surveyors in consultation with local stakeholders in the field, and certified by licenced surveyors, applying a general boundary approach, and with adequate levels of geometric accuracy; "Board" means the Board established under section 4; "Chairperson" means the Chairperson of the Board; "Chiefdom Land Committee" means the Chiefdom Land Committee established under section 48; "Chief Registrar" means the Chief Registrar appointed under section 64; "Commission" means the National Land Commission established under section 2; "Commissioner-General" means the Commissioner General appointed under Section 18; "Communal or Community land" means land subject to customary law , owned and managed by a community in any of the provinces in Sierra Leone may include (a) wetlands; (b) forests; (c) grazing lands; No. 19 The National Land Commission Act 2022 (d) market areas; (e) sacred sites; (f) graveyards; and “ community" means any settlement of people in a village, chiefdom, town or city; « “community member" means a male or female who is ordinarily resident in a village, town or chiefdom and include persons who (a) were born in the community; (b) have married into the community; (c) have moved to the community for any other reasons "customary land" means land owned, governed by, or administered under customary law in the provinces; “customary land rights" means the full range of primary and secondary rights to land under customary law; "customary law" means any rule other than a rule of general law having the force of law in Sierra Leone and by which rights and duties are acquired or imposed in accordance with natural justice and equity and in accordance with the provisions of the 1991 constitution or any other law applying to the provinces including any amendment made to customary law by any enactment; "District Land Commission “ means the District Land Commission established under section 35; 4 No. 19 The National Land Commission Act 2022 "District Registry" means the District Registry established under section 66; "ecologically sensitive areas” include (a) wetlands; (b) wildlife habitats; (c) steep slopes; (d) virgin or old growth forest; and (e) any other area designated as sensitive under formal or customary law: "family" means a group of persons tracing descent from a common ancestor or persons who have married. into the family; “family land" means land vested in and owned by a family as a unit under customary law and administered by a family head; "Government land” (also known as State Land) means (a) lands belonging to the Government by virtue of any treaty, cession, conventions or agreement; (b) lands acquired by or on behalf of the government in the Western Areas , the Provinces or outside the jurisdiction of Sierra Leone for any public purpose; (c) land acquired under the Public Land Act which incudes No. 19 The National Land Commission Act 2022 (i) (ii) (iii) (iv) (v) (vi) (vii) shores; beaches; lagoons; creeks; rivers; estuaries and other places and waters belonging to and acquired by the Government; "investment" means an enterprise or undertaking for the production of goods and services for commercial purposes; "land" includes land covered by water, any house, building or structure whatsoever and any estate, interest or right in, to or over land or water; "lease agreement" means a grant of a specifically defined area of land, in writing, for a term of years, and containing an obligation to give consideration, signed by the landowners as lessors and those renting the land as lessees; "Minister" means the Minister responsible for land and "Ministry" shali be construed accordingly; "paralegal" means a person who has completed basic training and acquired key competencies and qualifications in advising clients on the registration of property rights and supporting them in preparation of legal documentation required for land registration, and is authorised by the Commission to work as a paralegal for land registration purposes; = "para-surveyor" means a person qualified by education, training, or work experience to perform cadastral surveying work that requires knowledge 6 No. 19 The National Land Commission Act 2022 of surveying concepts, mapping techniques and demarcation tools and authorised by the Commission to undertake work as a para-surveycr; "primary rights" means the right to exclude, transfer, transact, bequeath, manage and make decisions about the land; "private land" means land vested in and owned by (a) acommunity in the provinces; (b) a family; (c) an individual; (d) group of individuals ;or (e) other legal entity "public land" means land reserved, held or used by the government, local councils or communities for public purposes and includes forest reserves, community forests, national parks, community parks. common grazing fields, wildlife sanctuaries, road reserves and lands carrying public infrastructure and similar land categories which are fully protected in the long-term public and national interest; "public purposes" means (a) exclusive government use or for general public use; (b) in connection with sanitary improvements of any kind including reclamations; (c) inconnection with the laying out of any new Government station or the extension or improvement of any existing Government station; No. 19 The National Land Commission Act 2022 (d) obtaining control over land contiguous to any port or airport; (e) obtaining control over land required for defence purposes; (f) obtaining control over land required for civil aviation purposes (g) obtaining control over land the value of which will be enhanced by the construction of any railway, road or other public work or convenience about to be undertaken or provided by the Government; "secondary rights" include (a) right of way; (b) right of access to use natural resources located on land shared by more than one community such as permanent or seasonal access rights which include (i) right to use the land for pasture or agriculture; (ii) right to use trees or collect firewood in the forest; (iii) the right to travel across the land or water ; (iv) the right to drive cattle across an area to obtain water from a river 10 No. 19 The National Land Commission Act 2022 @ {k) () (m) recognise and support civil society organisations assisting communities to register their land; maintain an effective land information system for public and state lands; conduct research that informs policy design for the management and administration of land across Sierra Leone; and any other function to attain the objects of the Commission. Board of 5. The governing body of the Cominission shall be a Board of Directors. Directors consisting of the following members (a) (b) a Chairperson appointed by the President subject to the approval of Parliament and such person shall possess demonstrable leadership skills; knowledge, integrity and proven practical experience in matters relevant to the functions of the Commission; a representative each from the following Ministry or Institution not below the rank of a director (i) the Ministry of Lands; (ii) | ministry responsible for environmental affairs; @ii) ministry responsible for agriculture; (iv) ministry responsible for mining; (v) ministry responsible for trade; No. 19 The National Land Commission Act 2022 ll (vi) ministry responsible for local government; (vii) ministry responsible for water resources; (viii) ministry responsible for fisheries; (x) ministry responsible for tourism; (x) National Council of Paramount Chiefs; (xi) Civil Society Organisation dealing with land issues; and (xii) private sector dealing with land investment. (xiii) the Commissioner General who shall be the secretary to the board. (2) Members appointed under sub-paragraphs (x) to (xii) of subsection (1) shall be appointed by the President subject to the approval of Parliament. (3) Each institution shall nominate one man and one woman for considearation as a Board member, the Minister shail select one of the individuals nominated from each institution, ensuring that at least 30% of the Board members are women. (4) The Board shall update the Minister on the activities of the Commission. 12 Tenure of Members of the Board . Filling of Vacancies No. 19 The National Land Commission Act 2022 6. (i) The Chairperson and members appointed under sub-paragraph (x) to (xii) of paragraph (b) of sub-section (1) of section 4 shall bold office for a period of 3 years and shail be eligible for reappointment for not more than one term for a period of 3 years. (2) Aperson shall cease to be a member of the Board on any of the following grounds (a) {b) () @) ©) inability to perform the functions of office by reason of infirmity of mind or body; proven misconduct; convicted and sentenced for an offence involving fraud or dishonesty ; failing to attend three consecutive meetings of the Board without reasonable excuse; resignation from office by submitting a written notice to the Chairperson of the Board, 7. (1) Where the Chairperson or a member of the Board dies, resigns, is removed from office pursuant to subsection (2) of section 6 or is absent from Sierra Leone for a continuous period exceeding three months (a) (b) in the case of the Chairperson the members of the Board shall elect one of their number to act as Chairperson until such time as the Chairperson resumes his office or another is appointed in her or his stead: and in the case of a member of the Board the Chairperson shall arrange subject to this Act to have another person appointed to the Board. No. 19 The National Land Commission Act 2822 (2) Where a person is appointed as a Chairperson or a member of the Board to fill a vacancy he or she shall hold office for the remainder of the term of the previous Chairperson or member and shall subject to this Act be eligible for re-appointment. 8. (1) The Board shall meet for the dispatch of its business Meetings of once every six months at such time and place as the Chairperson the Board may determine. (2) The Chairperson shall preside at every meeting of the Board if present and in his absence the members present shall appoint a member from among themselves to preside at the meeting (3) Amajority ofthe members ofthe Board may by notice in writing signed by them request the Chairperson to summon a special meeting of the Board for the purpose stated in the notice. (4) The Chairperson or in his absence the member appointed to act on his behalf shall summon a special meeting within 5 days of receipt of the notice referred to under subsection (3) (5) The quorum at any meeting of the Board shall be 7. (6) Any question which fails to be determined by the Board at any of its meetings shall be decided by a majority of members with voting right present. (7) The Chairperson or other member presiding shall have a casting vote where there is a tie. (8) Any proposal circulated among all members and agreed to in writing by a two-thirds majority of members shall be of the same force or effect as a decision made at a duly constituted meeting of the Board and shail be incorporated in the minutes of the next succeeding meetings of the Board: Provided that if a member requires that such proposal be placed before a meeting of the Board, this subsection shail not apply to such proposal. 1 a i v e 14 Disclosure of Interest. Immunity of Members of Board. Remuneration and allowances of Members of the Board. No, 19 The National Land Commission Act 2022 (9) The Board may co-opt any person to attend and participate in its deliberations on any matter but such person shall not be entitled to vote on any issue for decision by the Board. (10) The Board shall cause minutes of all its meetings to be taken and signed by the Chairperson and Secretary to the Board and kept in a proper form. (11) Subject to this Act the Board shall regulate its own proceedings. 9 (1) Amember ofthe Board who has any interest whether direct or indirect in any matter to be considered by the Board shall disclose the nature ofhis interest to the Board and such disclosure shall be recorded in the minutes of the Board and the member shall not take part in any deliberation or decision of the Board relating to that matter. (2) Amember ofthe Board who contravenes this section commits an offence and shall be liable to be removed from the Board. 10 (1) Noaction or other proceeding shall lie or be instituted against any member of the Board or member of a Committee of the Board for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise ofhis functions under this Act. (2) Nomember ofthe Board shall be personally liable for any debt or obligation of the Commission emanating from transactions expressly done in good faith in the exercise of the member's functions under this Act. 11. Members of the Board shall receive Board sitting fees as the Board may determine subject to the approval of the Minister based on sitting fees of other Boards in the public sector. No. 19 The National Land Commission Act 2022 12. (1) The Board may for the discharge of its functions appoint one or more committees to perform functions determined by the Board. (2) Acommittee shall consist of members ofthe Board or non-members or both as the Board may determine. (3) A committee shall submit a report of its proceedings to the Board at such time as the Board may determine. (4) Non-members of the Board appointed to committees under subsection (3) shall be entitled to be paid sitting fees as the Board may determine subject to the approval of the Minister for each committee meeting they attend and shali be reimbursed for expenses incurred in connection with the discharge of their functions. (2) The Secretary shall perform the following functions (a) the day-to-day affairs of the Board under the general supervision of the Commissioner General; (b) arranging the business of the Board including meetings and recording of minutes; (c) performing any other duties as the Board may determine. 13. Subject to this Act, the Board may make standing orders regulating the following (a) holding of meetings , the notices to be given for meetings and the conduct of proceedings at the meetings: « (b) keeping of minutes of meetings and the custody production and inspection of the minutes; 15 Committees of Board. Standing Orders. l a I S 16 Role of the Minister Role of the Ministry No. 19 The National Land Commission Act 2022 (c) (d) (e) custody and the use of the common seal; the manner in which cheques shall be issued on behalf of the Commission; any other matter pertaining to the internal operations or management of the Commission. PART [II-ROLE OF THE MINISTER AND THE MINISTRY 14. (1) The Commission shall be under the general supervision of the Minister. (2) The Minister shall provide policy guidance and advice to the Commission to ensure that the Commission implements its functions efficiently. 15. The Ministry shall carry out the following functions to ensure that the functions of the Commission are efficiently implemented (a) (b) (c) (d) (e) ensure the devolution of land administration and management functions to the land administrative bodies established under this Act; undertake policy making and coordination on Jand tenure administration.; support the commission to mobilise resources for the sector; provide policy advocacy, political leadership, and public accountability; facilitate the implementation of the land policy reform programme to its logical conclusion; No. 19 The National Land Commission Act 2022 f) (g) monitor and evaluate sector performance, especially with regard to enhanced accountability; and ws oversee, through the various statutory bodies created for the purpose, the regulation of the land-related professions. PART IV—THE SECRETARIAT 16. The Commission shall have a Secretariat which shall be Secretariat. headed by a Commissioner- General. 17. (1) The Commissioner-General referred to under section Commissioner 16 shall be appointed by the President on the recommendation of the Minister subject to the approval of Parliament. (2) No person shall be appointed as a Commissioner General unless that person (a) (b) () is a formally trained and qualified professional of at least 10 years standing in a profession or discipline relevant to the functions of the Commission; has considerable knowledge and experience in land administration matters; and has at least a master’s degree in Public Administration and Management or other related Social Sciences from an accredited university with at feast 5 years working experience; @G) The Commissioner-General shall hold office for a term of four years and may be re-appointed for not more than one additional term of four years. ‘ = ~ . — 18 No. 19 The National Land Commission Act 2022 (4) The Commissioner-General shall be responsible for the (a) implementation of decisions of the Board; (b) control and management of the day-to-day business of the Commission; (c) administration, organisation and control of the other officers and staff of the Commission; and (d) management of the funds , property and business of the Commission. (5) Two months prior to the commencement of the financial year the Commissioner General shall prepare an annual business plan outlining the investments required, income to be generated and services to be provided in the coming year and shail submit the plan to the Board for its approval. Removal or 18. The Commissioner-Generai shall be removed from office Suspension — for any of the following reasons; of Commiss ioner-Generai (a) inability to perform the functions of his office due to negligence or infirmity of mind or body; (b) proven misconduct; (c) if he becomes bankrupt or insolvent; (d) if he is convicted and sentenced for an offence involving fraud or dishonesty; (e) if he fails to attend 3 consecutive meetings of the Board without reasonable excuse or (@f) if he resigns from office by forwarding a written notice to the Chairperson. “iy No. 19 The National Land Commission Act 2022 - —=- i9 19. (1) The Commission shall have a Deputy Commissioner- Deputy General who shall be appointed by the President on the enn recommendation of the minister subject to the approval of Parliament (2) The qualification of the Commissioner-General , the tenure and the removal provisions shall apply to the Deputy Commissioner-General (3) The Deputy Commissioner-General shall be the principal assistant to the Commissioner-General. 20. Either the Commissioner-General or the Deputy Additional requirements Commissioner-General shall - Ae Commissioners (a) bea woman; and General and Deputy. (b) have considerable knowledge and experience in customary land matters. 21. (1) The Commission shall have commissioners who sha]! Commissioners. ° be recruited through a process that is transparent and merit based. (2) A commissioner shall head any department established by the Commission 22. (1) The Commission shall have the following Departments. departments (a) Title registry department; (b) Legal department; (c) Cadastral index mapping department; (d) Monitoring and evaluation department (e) Corporate communication and advocacy department; (f) Administration department; and I v e Title Registry Department Legal . Department No. 19 The National Land Commission Act 2022 (g) any other departments the Commission deems necessary for the efficient performance of its functions. 23. (1) The Title Registry Department shall be headed by a Commissioner who shall be a professionl of at least 10 years standing with proven experience on matters relating to land. (2) The Title Registry Department shall carry out the following functions (a) operate a land title registry throughout Sierra Leone; (b) maintain an inventory of public and government lands; (c) maintain a depository (electronic or manual) of all registers, instruments, records and copies creating rights and interests in land across the country as well as encumbrances in or over land: (d) permit searches to be made in the records, instruments and registers or copies and provide certified copies of extracts from the instruments, records, registers or copies when required, on payment of a prescribed fee; (e) undertake any other functions that may be assigned to it by the Board. 24. (1) The Legal Department shall be headed by a Commissioner who shall be a legal practitioner with at least 10 years ‘ standing with proven experience on matters relating to land. (2) The Legal Department shall carry out the following functions No. 19 The National Land Commission Act 2022 21 (a) provide oral and written legal advice and opinion primarily to the Board and the Commission; (b) represent the Commission in legal or administrative proceedings in which the commission is involved; (c) procure and oversee with the approval of the Board, outside legal services as needed from time to time; (d) undertake any other functions that may be assigned to it by the Board. 25. (1) The Cadastral Index Mapping Department shall be Cadastral headed by a Commissioner with at least 10 years proven experience ys in land mapping, land management and land administration Department (2) The Cadastral Index Mapping Department shall carry out the following functions (a) develop guidelines for undertaking cadastral mapping throughout Sierra Leone; (b) maintain a depository of cadastral index maps; (c) permit searches to be made in the cadastral records and provide certified copies of extracts from such records on payment of a prescribed fee; (d) undertake any other functions that may be assigned to it by the board. 26. (1) The Monitoring and Evaluation Department shall be Maniorse headed by a Commissioner who shall be- FBvaiiation Department 2 No. 19 The National Land Commission Act 2022 (a) (b) a trained and qualified monitoring and evaluation specialist having at least 10 years experience in project or programme monitoring and evaluation; or a trained and qualified land economist with at least 10 years experience in land management and land administration (2) The Monitoring and Evaluation Department shall carry out the following functions (a) (b) (c) (d) (e) (f) develop programme goals for the commission; assist the various departments and units in the preparation of yearly work plans; provide ongoing monitoring of District Land Commissions, Chiefdom Land Committees and Village or Town Area Land Committees; prepare departments and units for periodic evaluations of their programmes; undertake research on any area of the Commission's mandate or functions; undertake any other functions that may be assigned to it by the Board Corporate 27. (1) The Corporate, Communication and Advocacy Communication and Advocacy Department shall be headed by a Commissioner who is a qualified Department. communication strategist and policy advocate with at least 10 years experience in communication strategy and policy advocacy. No. 19 The National Land Commission Act 2022 B (2) The Corporate Communication and Advocacy Department shall carry out the following functions (a) develop a communication and advocacy strategy; (b) lead public education and sensitisation programmes; (c) interface with the media; and (d) undertake any other functions that may be assigned to it by the Board. 28. Subject to to the approval of the Board, the Commissioner- Oj her General shall recruit other staffas he deems necessary for the efficient Staff functioning of the Commission. 29. (1) Public officers may at the instance of the Secondment Commissioner-General be seconded or otherwise render assistance mes = to the Commission subject to the approval of the Board. (2) The Commissioner-General subject to the approval of the Board may request the withdrawal of the seconded officer who is unable to carry out assigned functions in the manner satisfactory to the Commissioner-General . 30. The Commissioner-General may engage the services of Experts etc experts or advisors to support the work of the Commission. 31. No officer, employee of the Commission or any person Protection acting on the direction of an officer or employee of the Commission af Deion shall be liable in respect of any matter or thing done by him in good faith under this Act. I 2 2 4 No. 19 The National Land Commission Act 2022 District land Commission Composition of District Land Commission. Functions of the District Land Commission. PART V—DISTRICT LAND COMMISSION 32. (1) The Commission shall provide its services in each district and based on the availability of funds establish branch offices to be known as District Land Commissions. (2) The secretariat referred to in section 17 shall provide any services required in any district without a District Land Commission. 33. (1) Each District Land Commission shall consist of the . following officers who shall reside in their respective Districts. (a) a District Land Officer who shall be the head of the District Land Commission and shall be a person with adequate knowledge in land related matters; (b) heads of units of the District Land Commission; and (c) support staff. (2) The District Land Officer and heads of the units of the District Land Commission shall be appointed by the Board. (3) The support staff shall be appointed by the Commissioner-General subject to the approval of the Board. (4) At least 30% of the officers of the District Land Commission shall be women. 34. (1) The object for which the District Land Commission is established is to provide technical support to Chiefdom and other land committes in the management and administration of customary land in the respective districts. No. 19 The National Land Commission Act 2022 y (2) Notwithstanding the generality of subsection (1) the District Land Commission shall perform the following functions (a) (b) (c) (d) () (f) set up and maintain a comprehensive register of government and public lands in the district; set up and maintain a customary land title registry for the district which shall contain records of rights held by communities, families and individuals to land in the district and records of land transactions in the district; issue customary land title or other certificates in the appropriate form to holders of registered rights to land in the district; supervise para-surveyors and specialist paralegals in the district or accredit persons wishing to operate as para-surveyors or specialist paralegals; deploy para-surveyors and specialist paralegals in each chiefdom through the chiefdom land committees to train and assist communities and families undertaking land registration; undertake administrative matters in the district relating to (i) education and sensitization on: environmental issues: (ii) any other functions devolved by the ministry to the localities under the law relating to local government l i a I i = Sen Ea 6 No. 19 The Nationai Land Commission Act 2022 (g) provide land information services and other administrative functions necessary to facilitate land transactions; (h) coordinate and oversee the work of the Chiefdom Land Committees; (i) co-manage foreshores with the Town or Village Area land Committee in the particular area; and Gj) perform any other functions assigned to it by the National Land Commission. Meetings. 35. (1) The District Land Officer shall preside at every meeting ‘of the District Land Commission if present and in his absence one of the Unit heads shall preside. (2) The District Land Commission may co-opt any person to attend and provide technical assistance or advice to the District Land Commission on any matter. (3) The District Land Commission shall cause minutes of all its meetings to be taken and signed by the District Land Officer and kept in a proper form. (4) Subject to this Act the District Land Commission shall regulate its own proceedings. Secretariat of 36. Each District Land Commission shall have a secretariat. District Land Commission Units: 37. The District Land Commissioner shall establish within the Secretariat the following units (a) Title Registry Unit; (b) Alternative Dispute Resolution Unit; (c) Cadastral Index Mapping Unit: Report Chiefdom Land Committee. Composition of Chiefdom land Committee. No. 19 The National Land Commission Act 2022 (b) permit searches to be made in the cadastral records and provide certified copies of extracts from such records on payment of a prescribed fee; (c) train and supervise para-surveyors; (d) undertake any other functions that may be assigned to it by the Commission. (2) The Cadastral Index Mapping Unit shall be headed by aperson with at least 5 years proven experience in land mapping land management and land administration . 41. The District Land Commission shall submit a report to the Commissioner-General every six months outlining activities undertaken by the District Land Commission and any other relevant matters to ensure the efficient implementation of its functions in the District PART VI-CHIEFDOM LAND COMMITTEES 42. There shall be in each chiefdom a committee to be known as the Chiefdom Land Committee 43. (1) Each Chiefdom Land Committee shall consist of the following members who shail be resident in the Chiefdom (a) the Paramount Chief of the Chiefdom or his representative who shall be the Chairperson of the Chiefdom Land Committee; (b) one land owner from each section of the Chiefdom nominated by the Town or Village Area Land Committee in accordance with customary law; and No, 19 The National Land Commission Act 2022 (c) one land user from each section of the Chiefdom nominated by the Town or Village Area Land Committee in accordance with customary law; (2) At least 30% of the members of a Chiefdom Land Committee shall be women. 44. Subject to this Act a Chiefdom Land Committee shal] Functions of perform the following functions {a) (b) (©) (d) () & manage communal chiefdom lands in the chiefdom; enforce rules for the sustainable use of natural resources, such as forests, grazing lands, rivers and swamps within the chiefdom; obtain and maintain a facsimile of registered customary land rights for land in the chiefdom from the District Title Registry; prior to the registration of title, adjudicate land title disputes at chiefdom level through the Land Adjudication Tribunal established under section 85: levy and facilitate collection of, and manage all land tax revenues levied by chiefdom authorities; and perform such other functions as the Commission may determine. the chiefdom land committee. 45. Ownership and title to communal land in the chiefdom Vesting of shall be vested in the people of that chiefdom as a community to be managed and administered by the Chiefdom Land Committee. communal Chiefdom land. l a ™ ® I e 30 Accountability for Community land. Meetings. No. 19 The National Land Commission Act 2022 46. (1) Members of the Chiefdom Land Committee shall be accountable to the members of the community for any decision taken in respect of the community's land holdings. (2) The Chiefdom Land Committee shall publish and disseminate reports of its activities and finances on a quarterly basis. 47. (i) The Chiefdom Land Committee shall determine the frequency and place of meetings but shall meet at least once every three months. (2) Notice of each meeting including the proposed agenda shall be widely circulated throughout the chiefdom at least two weeks in advance of the meeting . (3) The Paramount Chief or his representative shall preside at every meeting of the Chiefdom Land Committee if present and in his absence one of the members shall preside. (4) Each Member shall have one vote and in the case of equality of votes the Paramount Chief or his representative or other member presiding shall have a casting vote. (5) Any question failed to be determined by the Chiefdom Land Committee at any ofits meetings shall be decided by two thirds majority of members present (6) The Chiefdom Land Committee may co-opt any person to attend and provide technical assistance or advice to the Committee on any matter but such person shall not be entitled to vote on any issue for decision by the Chiefdom Land Committee. (7) The quorum of a meeting shall be not less than two third of its members present and voting (8) The Chiefdom Land Committee shall cause minutes of all its meetings to be taken and signed by the Paramount Chief or his representative and kept in a proper form. No. 19 The National Land Commission Act 2022 31 (9) Subject to this Act the Chiefdom land Committee shall regulate its own proceedings. (10) The minutes of each meeting shail be made publicly available at an easily accessed location to ensure transparency. 48. A party that is dissatisfied with a decision ofthe Chiefdom Appeal to Land Committee may after exhausting all other available conflict a resolution mechanisms, appeal to the District Land Commission. , PART VH-TOWN OR VILLAGE AREA LAND COMMITTEE 49. There shail be in each town or village in the provinces the Town or . : ° Village Land established Town or Village Area Land Cominittee Conaines 50. (1) Each Town or Village area Land Committee shall oe consist of the following members who shall reside in their respective vitiage Land towns or villages- Committee (a) town or village chief who shall be the Chairperson or a representative of the chief; (b) 4 resident land owners in the town or village; and (c) 2 resident non-land owners in the town or village (d) Section Chiefs; (2) Members referred to under paragraphs (b) and (c) of subsection (1) shall be elected by a majority vote of two-thirds of the residents of the community aged 18 years and above. > (3) Aleast 30% ofthe members ofa Town or Village Area Land Committee shall be women. I 2 2 l i a s 32 Functions of the town or village land committee. Vesting of communal Village land Accountability Meetings No. 19 The National Land Commission Act 2022 51. (1) Subject to this Act the Town or Village area Land Committee shall perform the following functions (a) manage communal lands in the town or village on behalf of the community ; (b) enforce rules adopted by the town or village for the sustainable use of Jand and natural resources; (c) resolve land tenure disputes arising within the community; (d) perform any other function assigned by the Commission 52. Ownership and title to communal! land in the town or village shall be vested in the people of the town or village as a community to be managed and administered by the Town or Village Area Land Commnittee. 53. (1) Members of the Town or Village Area Land Comunittee shall be accountable to the members of the community for decisions taken in respect of the community's landholding. (2) The Town or Village Area Land Commitiee shall provide to the community on a quarterly basis a written report on its activities and finances. 54. (1) The Town or Village Area Land Committee shall determine the frequency and place of meetings but shall meet at least once every three months. (2) Notice of each meeting including the proposed agenda shall be widely circulated throughout the town or village at least two weeks in advance of the meeting . No. 19 The National Land Commission Act 2022 (3) The town or village chief or his representative shall preside at every meeting of the Town or Village Area Land Committee if present and in his absence one of the members shall preside. (4) Each Member shall have one vote and in the case of equality of votes the town or village chief or his representative or other member presiding shall have a casting vote. (5) Any question failed to be determined by the Town or Village Area Land Committee at any of its meetings shall be decided by two thirds majority of members present. (6) The Town or Village Area Land Committee may co opt any person to attend and provide technical assistance or advice to the Committee on any matter but such person shall not be entitled to vote on any issue for decision by the Town or Village Area Land Committee. (7) The quorum of a meeting shali be not less than two third of its members present and voting (8) The Town or Village Area Land Committee shall cause minutes of all its meetings to be taken and signed by the Town or Village chief or his or her representative and kept in a proper form. (9) Subject to this Act the Town or Village Area land Committee shall regulate its own proceedings. (10) The minutes of each meeting shall be made publicly available at an easily accessed location to ensure transparency. 55. The Town or Village Area Land Committee shall develop and adopt rules or bye-laws to govern the use of their land and natural resources including rules for the protection of the environment Community Rules I = i a 34 No. 19 The National Lard Commission Act 2022 Appeal to 56. Aparty that is dissatisfied with a decision of the Town or ce Village Area Land Committee may after exhausting all other available Commission, COMflict resolution mechanism appeal to the District Land Commission. PART VINI-THE NATIONAL LAND REGISTRY oa land 57. The Commissicn shall establishe a National Land Registry. band Tile 58. Title to Land in Sierra Leone shall be registered with the Registration. eS Lian National Land Commission. Chief” 59. (1) The Commissioner in charge of the Title Registration Registrar. Department referred to under section 24 shall be the Chief Registrar and Head of the National Land Registry. (2) The Chief Registrar shall perform the following functions (a) operates a land title registry throughout Sierra Leone; (b) maintain an inventory of public and government lands; (c) maintain a depository (electronic or manual) of all registers, instruments and records and copies thereof creating rights and interests in land across the country as well as encumbrances in or over land; (d) permit searches to be made in ihe records, instruments and registers or copies thereof and provide certified copies of extracts from such instruments, records, registers or copies thereof when required, on payment of a prescribed fee. No. 19 The National Land Commission Act 2022 35 (e) any other functions assigned by the Board 60. (1) The Chief Registrar shall maintain a register to be Register known as the National Land Register which shail contain all State, Private and Customary Land in Sierra Leone. (2) The national land register shall be (a) linked to the modern unified cadastral system; (b) in electronic and paper form; and (b) publicly accessible and searchable. (3) Each Registry shall maintain a register which shall contain a record of land tenure rights held under general or customary law including but not limited to the following (a) ownership; (b) leasehold and other possessory interests; (c) mortgages and other liens; (d) encumbrances; or (e) other proprietary, possessory, or use rights recognised under customary law. (2) The format of the register shall be determined by the Commission. 61. (1) The Commission shall set up a registry covering each District Land district based on the availability of funds and demand for services Reeistries. (2) The registry established under subsection (1) shall be known as the District Registry i e s . 36 No. 19 The National Land Commission Act 2022 (3) Western Area Urban and Western Area Rural shall be covered by the Commission's registry in Freetown. (4) The Commission shall by statutory instruments make regulations relating to requirement for the registration of customary land righis in the District Registry he = z 62. (1) The District Land Commissioner shall be the Registrar Re " of the District Land Registry (2) Where a District Land Commissioner is yet to be appointed the Chief Registrar shall provide the services required (3) The functions of the Registrar of the District Land Registry shail include the following: (a) managing the District Land Registry; (b) Issuing title deeds, customary land title certificates or other documentation that serves as proof of a person's land right; (c) permitting searches to be made in the records, instruments and registers or copies thereof and provide certified copies of extracts from such instruments, records, registers or copies thereof when required, on payment of a prescribed fee. (d) any other functions assigned by the Board. ae access 63. Subject to this Act information contained in the register head shall be made accessible to the public by electronic or any other means as the Commission may determine Seal of 64. Eachregistry shall have an official seal issued by or under registry. the direction of the Registrar No. 19 The National Land Commission Act 2022. .». 37 PART [X—REGISTRATION OF CUSTOMARY LAND 65. The requirements for registration of customary land shall Registration ee of land subject aa nclude the following- to customary law. (a) for family land the following shall be complied with- . i. preparation of a basic map of the land area; ii. signed boundary harmonisation agreement with neighbouring land owners; ii. the planting of trees or other natural physical markers to delineate the land; (b) for community land the following shall be complied with i adoption of community rules to govern 7 the use of the land area, including rules for the protection of the environment and rules relating to governance and ‘decision-making, including neg- an otiations with outsiders; 2%, ii, preparation of a basic map of the land area; iii. establishment of a Village Area land Committee; iv. signed boundary harmonisation agreement with neighbouring communities; v. the planting of trees or other natural physical markers to delineate the land Instrument of transfer. Land tenure rights. No. 19 The National Land Commission Act 2022 (c) for land acquired by individuals the following shall be complied with i preparation of a basic map of the land area; i. two signed copies of the signed instrument of transfer 66. (1) The instrument of transfer referred to under sub paragraph (ii) of paragraph (c) of section 72 shall be endorsed by an authorised member of the Chiefdom Land Committee and the Chief Administrator of the District Council. (2) An instrument of transfer that is not signed and endorsed as stipulated under subsection (1) shall not be registered by the District Land Commission. (3) The Commission shall establish the maximum fee that an authorised member of the Chiefdom Land Committee and the Chief Administrator of the District Council may charge for endorsement of the instrument of transfer. 67. (1) The following registered instruments may serve as prima facie evidence of a land tenure right (a) atitle deed; (b) acustomary land title certificate; (c) alease agreement; (d) amortgage deed; or (e) any other document memorialising a proprietary or use right under general or customary law. No. 19 The National Land Commission Act 2022 (2) Where the instruments referredto under subsection (1) are unavailable the Commission shall determine types of oral or landscape based evidence which may serve as prima facie evidence ofa land tenure right. (3) Except where the right or its registration was obtained by fraud or dishonesty, earlier registered rights shall be considered superior to later registered rights. {4) The Commission shall by Statutary Instrument make regulations setting out the processes for challenging a land right claim or registration of the right on the basis that it was obtained by fraud or dishonesty. 68. Any family or community wishing to register its land may request the assistance of a community specialist paralegal or para surveyor. 69. Non-registration of any land subject to customary law shall not invalidate title or ownership of the land. 70. (1) The Commission shall determine the cost of registration and the manner and time frame within which title and the various rights and interest in or over customary land shail be registered. (2) The cost of registration of customary land shall not be prohibitive. (3) The registration fee shall be reduced or waived for persons whose monthly income does not exceed the minimum monthly wage. (4) The Commission shall determine and periodically review the amount of the fee collected from registrants of title to land in Sierra Leone, as well as criteria for fee waivers on the basis of financial need with the approval! of the Board. | Assistance to register Land Non registration of, Land Cost of registration Submission of Applicetion etc. Public land Benefits of Communal Jand Rules or bye Laws. Non establishment of Town or Village Area Committee No. 19 The National Land Commission Act 2022 (5) The Commission shall determine the fee for land title registration in the Western Urban and Western Rural Areas with approval of the beard. 71. The Chiefdom land Committee shall serve as a conduit for (a) submission of application to the District Land Commission; (b) receiving registered title documents from the District Land Commission ;and (c) obtaining information contained in the National Land Registry . Part X - Management of Communal Lands and Natural Resources 72. Communal land in a town or village that falls under the category of public Jand shall be administered by the authorised institution. 73. All the benefits of communal land and natural resources shall belong to the community. 74, (1) Rules or bye-laws adopted by the Chiefdom Land Committee shall apply te all villages within the chiefdom that have not adopted their own bye-laws. (2) Rules or bye-laws adopted by a Town or Village Area Land Committee on land , natural resources and the environment shall have priority of application and enforcement within the particular village 75. Towns or Villages that have not established a Town or Village Area Land Committee shall have their land and natural resources managed and administered by the Chiefdom Council. No. 19 The National Land Commission Act 2022 Al 76. (1) The Chiefdom Land Committee and the Town or Legal action Village Area Committee shall have the power to bring and defend legal action in respect of their land and natural resources. (2) The Town or Village Area Land Committee shall have the first option to bring a legal action. (G3) Where multiple towns or villages are affected, they may institute legal action individually, jointly or through the chiefdom. PART XJ—LAND DISPUTE 77. (1) The Commission shall establish a grievance redress Grievance mechanism whereby a person can challenge decisions of the ‘dress Sthesees . ‘ : Mechanism Commission in respect of land for which he has a right or claim. (2) Any grievance redress mechanism established by the Commission shall be effective, accessible and affordable to all, and provide prompt resolution of and enforcement of outcomes of disputes over tenure rights. (3) Where a person is deprived of a land tenure right by the government for a public purpose, compensation shall be provided to that person irrespective of the resolution provided by any grievance redress mechanism established by the Commission. 78. (1) The Commission shall set up within each Chiefdom Land Land Committee a sub-committee to be known as the Land ee Adjudication Tribunal. (2) The Land Adjudication Tribunal shall adjudicate land title disputes between the following parties prior to the registration of title (a) members ofthe same family; (b) two or more landowning families; No. 19 The National Land Commission Aci 2022 (c) landowning families and the Town or Village Area Land Committee; or (d) two or more Town or Village Area Land Committees. (G) Where the dispute involves Chiefdom Land Committees, the District Land Commission shall serve as the adjudicating body. (4) The Land Adjudication Tribunal shall consist of the foliowing three persons (a) onemember ofthe Chiefdom Land Committee who shall serve as the Chairperson; and (b) two other persons selected by the Chiefdom Land Committee. (5) At least one of the members referred to under subsection (3) shall be literate and responsible for keeping records of the tribunal's proceedings and decisions. (6) At least one of the members referred to under subsection (3) shall be a woman. (7) The Land Adjudication Tribunal shall gather the necessary information from the parties to the dispute and issue its findings on the validity of a land right within one month from the date the matter is lodged with the Chiefdom Land Committee by either party. (8) Any party dissatisfied with the findings of the tribunal on the grounds of abuse cf rules or procedure may appeal to the local court within one week of the tribunal's issuance of its findings. (9) Where the tribunal finds a land right to be valid, upon the expiration of the time period for appeal, the right shall be entered into the registry by the authorised office and the title document issued to the lawful owner No. 19 The National Land Commission Act 2022 79. (1) Land tenure disputes arising within the community shall be referred to the Town or Village Area Land Committee or the Chiefdom Land Committee for resolution. (2) The Town or Village Area Land Committee and the Chiefdom Land Committee shall address disputes in accordance with their byelaws and shall comply with constitutional guarantees on fair hearing and the principles of natural justice. (3) A party that is dissatisfied with the outcome of a land tenure dispute before a Town or Village Area Land Committee or Chiefdom Land Committee may appeal ‘to the District Land Commission. (4) A party to a dispute before the District Land Commission that is dissatisfied with the outcome may appeal to the Magistrate Court. (5) Any party to a dispute may apply directly to the Local Court or any other appropriate court for redress. 80. (1) Aninvestor shall setup a field level grievance redress mechanism to address complaints relating to his operations. (2) An investor shall (a) appoint a grievance officer; (b) maintain a grievance register; and (c) adopt diversified means of receiving complaints (3) Where a member of the community is not satisfied with the result of the mechanism set up by an investor he shall take the same complaint to another redress mechanism. (4) An investor shall cooperate with all community-level Jand tenure dispute resolution bodies when implicated in complaints before these bodies. 8B Land Tenure Disputes. Field-levei grievance Redress 46 No. 19 The National Land Commission Act 2022 (a) balance sheet accounts; (b) income and expenditure accounts; (c) source and application of funds; and (d) financial estimates, particularly of the amount of revenue to be collected in the ensuing year (2) The accounts of the Commission kept under subsection (1) shall be audited by the Auditor General or any auditor appointed by him. (3) For the purposes of subsection (2) the Auditor General or the auditor appointed by him shall be entitled to have access to all books of account, vouchers and other financial records of the Commission and to require any information and explanation as he may think fit. (4) The Commission shall provide the Auditor-General or the auditor appointed by him with all necessary and appropriate facilities for the examination of the accounts and records of the Authority. (5) The Auditor-General or the auditor appointed by him shall submit to the Commission a report on the audited accounts and the financial statement referred to in subsection (1) and shail in his or her report draw attention to (a) irregularities in the accounts; (b) matters that are likely to adversely affect the operations of the Commission; and (c) other matter which in his or her opinion ought to be brought to the notice of the Commiss ion. Financial 88. (1) The financial year of the Commission shall be the year of same as the financial year of the Government. Commission No. 19 The National Land Commission Act 2022 47 89. (1) The Commission shall, within 3 months after the end Annual of the financial year submit to the Minister a report on the performance Report of its fictions including policies and programme development during that year of reporting. (2) The annual report referred to under subsection (1) shall include the accounts and annual financial statements prepared under subsection (1) of section 94 and the report of the audit referred to under subsection (5) of section 94. (3) The Minister shall lay copies of the annual report before Parliament within two months after he has received the report. PART XTI-—MISCELLANEOUS PROVISIONS 90. The Commission after consultation with the Minister may Regulations by Statutory Instrument make rules and regulations to give effect to this Act. 91. The following Acts are hereby repealed Repeal (a) the Provinces Land Act Cap 122; (b) the Concessions Act Cap 121. Passed in Parliament this 8th day of August, in the year of our Lord two thousand and twenty two. PARAN UMAR TARA WALLY Clerk of Parliament. THis PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. PARAN UMAR TARA WALLY Clerk of Parliament. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GazerTe Exrraopinary No. 69 of 23Rxp SEPTEMBER, 2022.