Chieftaincy Act, 2009 (No. 10 of 2009)

2 No.10 Chieftaincy Act 2009 No.10 Chieftaincy Act 2009 3 PART I-PRELIMINARY 3. (1) Until the election of the new Paramount Chief, the Appointment Interpretation. Mimster shall after consultation . . . wit. h the Chi e,uom ,.,., Comrruttee, . at the of caretaker or regent 1. In this Act, unless the context otherwise requires:- earliest, appoint a regent chief to oversee the administration of the chief. chiefdom in a caretaker capacity. "aspirant" means a person aspiring to become a candidate in a paramount chieftaincy and other sub- (2) Notwithstanding subsection ( 1), where the office of chieftaincy elections; regent chief is, by the customary law of the chiefdom, reserved to a person other than a person appointed by the Minister, that customary "chief' includes a chief, other than a Paramount Chief, law shall apply to the appointment of the regent chief a Headman and such other chief as is by customary law the Councillor or assistant of any Paramount (3) The term of office of a regent chief appointed under Chief; subsection ( 1) or subsection (2) shall not exceed twelve months. "Chiefdom Council" has the same meaning as in the (4) A regent chief is entitled to vote in the election of the Chiefdom Councils Act; new Paramount Chief but shall not openly take sides or canvass for any candidate. "Gazette Lisf' means the latest list of a Chiefdom Council appearing in the Gazette prior to a paramount 4. (1) The Gazette Listofa Chiefdom Council shall be revised Revision of chieftaincy election under this Act; Gazette List. every three years but sh a11- "Minister" means the Minister responsible for local government; (a) be revised specially for the purposes of a paramount chieftaincy election to include the "Paramount Chief' means a chief who is not following office-holders: subordinate in his ordinary jurisdiction to any other (i) regent chief; chief but does not include an acting chief or a regent chief; (ii) Chiefdom Speaker; "taxpayer" in relation to a chiefdom, is a member of the (iii) Section Chief; chiefdom liable to local tax and in possession of a (iv) Court Chairman; local tax receipt. (v) Ceremonial Chief (where the paramount PART II-TIME FOR ELECTION OF NEW PARAMOUNT CHIEF chieftaincy in the chiefdom is by New 2. Not later than twelve months after a vacancy occurs in the customary law linked with secret Paramount office ofParamowit Chief, whether by the death, removal or otherwise societies); and Chief to be elected within of the previous holder of the office, the Chiefdom Councillors of the (vi) Member of Parliament for the consti- twelve chiefdom shall elect a new Paramount Chief for the chiefdom in tuency in which the chiefdom is months of acc.ordance with this Act .and.the customary Jaw of the chiefdom. vacancy. sifflttted.-

4 No.10 Chieftaincy Act 2009 No.10 Chieftaincy Act 2009 5 (b) be published on three consecutive occasions 6. (1) At the Declaration of Rights meeting, every person Identification for verification prior to the paramount . mten d"mg to vote m . the paramount chi eft amcy . e1ect10n . sha 11 establ"1sh of Chiefdom Councillors. chieftaincy election to which it relates. his identity as a member of the Chiefdom Council by- (2) In addition to the office - holders specified in (a) reference to his name on the Gazette List; subsection (1), the revised Gazette List shall include a number of other Chiefdom Councillors, each representing every twenty taxpayers (b) his being identified as such member by the in the chiefdom, the number of taxpayers in the chiefdom being Section Chief, Town Chief, or, as the case determined every three years. may be, the Village Headman in the locality which he represents in the Chiefdom Council; (3) Subject to paragraph (b) of subsection ( 1) of section and 18, the election of a Paramount Chief shall not be invalidated by any irregularity in the revision of the Gazette List used for the election, (c) producing to the Declaration Officer, his but it is an offence for any person compiling that List to knowingly current local tax receipt which shall bear the take into account an inflated number of taxpayers. endorsement and stamp of the Chiefdom Adrninistration. (4) The revision of the Chiefdom Councillors list shail be undertaken by the office of the Provincial Secretary in collaboration (2) Where the chiefdom concerned is an amalgamated with the Electoral Commission. chiefdom, the Declaration Officer shall ensure that the conduct of the election of a Paramount Chief for that cheifdom is done on a rotational PART Ill -ELECTION PROCEDURES. crowning basis and further ensure that this is complied with. Declaration 5. Before the polling day fixed for the election of a Paramount of Rights. 7. (1) In any paramount chieftaincy election, the Government Chief, a Declaration of Rights meeting shall be convened by the ·b·1· fth Provincial Secretary, for the purpose of- respons1 1 1ty o e G overnment 1s . 1·umte . d to o nly the 1ac1 "' ·1·1tahon . o f parties and political not to the process so as to ensure that the election is conducted in a fair sponsor and transparent manner. candidates. (a) the identification of the Chiefdom Councillors entitled to vote at the election; and (2) No government Minister or other official, and no (b) establishing the claim of persons to be political party, whether collectively or otherwise, shall promote or qualified to stand as candidates in the show support or preference for the candidature of any particular election; and contestant in a paramount chieftaincy election. (c) affording the Provincial Secretary the 8. (1) A person is qualified to stand as a candidate in a Qualification opportunity to explain to all parties their I · "f. 1..: ..,,._,__ for election as paramount CJ.1.Le.1.w.rui.;y e ectlon 1 - Paramount responsibilities under this Act. Chief.

6 No.IO Chieflaincy A ct 2009 No.IO Chiefiaincy Act 2009 7 (a) he was born in wedlock to a rightful claimant 11. (1) For every paramount chieftaincy election, two Appointment in a recognized ruling house in the chiefdom; . d by the M.rmster P aramount Chie f:s sha II be appomte . as A ssessor of Assessor Chiefs. or Chiefs as follows:- (b) where tradition so specifies, he or she has (a) one from within the district and the other from direct paternal or maternal lineage to a rightful outside the district where the new Paramount claimant in a recognized ruling house, whether Chief is to be elected; and born outside wedlock or not. (b) the chiefdom outside the district must have (2) For the purposes of subsection ( 1), a recognized ruling customs and traditions similar to those of the house is one that has been established and in existence as such at chiefdom. independence on 27th April, 1961. (2) The Government shall meet the transport and living Disqualification 9. Notwithstanding the provisions of any enactment, a person expenses of the Assessor Chiefs but the people of the chiefdom may, for election as is not qualified to stand as a candidate in a paramount chieftaincy through the regent chief. accord to the Assessor Chiefs any normal Paramount , ~'~~•'-- ,.,, 11.-1 lliill Ii- traditional and customary courtesies, in addition. ( h:iCi. (a) he is a regent chief of the chiefdom 12. (1) The functions of the Assessor Chiefs shall be- Functions of concerned; Assessor . Chiefs. (a) to advise and assist the Declaration Officer (b) he has been convicted by any court for an in the conduct of the elections; offence involving fraud, dishonesty, theft, violence or rape for which he has not been (b) to advise the Chiefdom Councillors on the pardoned; importance of their decision to elect a new Paramount Chief; (c) in the case of a person who has been removed or has been required to resign from (c) to ensure that the traditions and customs of the office of Paramount Chief for conduct the chiefdom are respected and upheld during inconsistent with good governance, five the conduct of the elections; and years have not elapsed from such removal or resignation; or (d) to endorse the Attestation Document referred to in section 16. (d) he is the adopted child of the person from whom he claims to be qualified. (2) Where at any stage of the conduct of an election there is any disagreement regarding any matter- Provincial 10. For every paramount chieftaincy election, the Provincial Secretary to Secretary shall be the Declaration Officer. be Declara- (a) between the Assessor Chiefs; or tion Officer.

8 No.10 Chieflaincy Act 2009 No.10 Chieftaincy Act 2009 9 (b) between the Assessor Chiefs and the (2) In the contest for the paramount chieftaincy, it shall Provincial Secretary, be the responsibility of each candidate to establish his claim to the satisfaction of the Chiefdom Councillors present, the Declaration any of the disagreeing Assessor Chiefs under paragraph (a) and the Officer and the Assessor Chiefs. Assessor Chiefs under paragraph (b ), as the case may be, may submit a separate report on the matter to the Minister. 15. ( 1) In any paramount chieftaincy election, a Declaration candidate shall be declared duly elected ifhe obtains 55% or more of of results. PART IV -CANDIDATES AND DECLARATION OF RESULT the votes cast. (2) Where there are several candidates in a paramount Aspirant 13. (1) At the Declaration of Rights meeting of the Chiefdom chieftaincy election and none of them obtains 55% of the votes cast candidates. Councillors convened under section 5, any person aspiring to be a in the first ballot, the candidate or candidates with the least votes will candidate in the election shall formally declare his intention to the be eliminated, leaving the two candidates with the highest votes to Declaration Officer and produce to hin1 his receipt for the non- contest a second ballot, in which the candidate who obtains a simple refundable aspirant fee of Le 150,000 payable to the Chiefdom Treasury majority shall be declared duly elected. by all aspirants. (3) Where there are oniy two candidates ma paramount (2) Any aspirant or Chiefdom Councillor may object on chieftaincy election, the candidate who polls the simple majority of stated grounds to the title claim of an aspirant. votes shall be declared duly elected, and in the event of a tie, a second ballot shall be conducted and the candidate who obtains a simple majority shall be declared duly elected. (3) Any objection under subsection (2) shall be defeated and the aspirant shall qualify to stand as a candidate to contest in (4) Where there is only one candidate, an election shall the election if the aspirant's candidature is supported by the still be conducted in order for the Chiefdom Councillors to demonstrate Declaration Officer, the Assessor Chiefs and by two-thirds of the their acceptance or otherwise of that candidate, by a simple majority Chiefdom Councillors present and voting by secret ballot. of votes cast. (4) Where an objection made under subsection (2) is 16. (I) Upon the election of a new Paramount Chief, all the Attestation upheld, the aspirant shall be disqualified from standing as a candidate. Chiefdom Councillors who voted in the election, shall sign a document Document. to be known as the Attestation Document, signifying their agreement Requirements 14. (1) Every candidate in a paramount chieftaincy election to recognize the newly elected Paramount Chief and to obey his of candidates. shall _ lawful orders and instructions. (a) pay a non-refundable candidature fee of (2) Every Attestation Document shall be endorsed by Le250,000; and the appropriate Provincial Secretary and the Assessor Chiefs. (b) choose a symbol from a list of symbols 17. The recognition of the election of a Paramount Chief takes Recognition p r ~ by the Ele-ctoral Commission and place after the Govefiiriieiit has, on the recommendation of the ~~i~~~mount supply to the Commission a recent Minister, accepted the joint report of the Provincial Secretary and the photograph both for the use of the Com- Electoral Commission on the conduct of the election and such mission forthe printing-0fballot~-s, recogrunon snattoeoy:..:: · No.10 Chiefiaincy Act 2009 No.10 Chieflaincy Act 2009 11 (a) the presentation of the Staff of Office by the 20. (1) In appointing the Commissioner under section 19, the Appointment President or any person deputed by him in President may, in his discretion, appoint one or more assessors to the ~s~i~:~r and that behalf and Commissioner. assessors (b) the publication of the election in the Gazette. (2) Subsection (3) of section 147 of the Constitution shall, apply to the appointment of the Commissioner and section 148 of the Challenge of 18. (1) The validity of the election of any person as a Constitution shall also apply to the powers, rights and privileges of election of Paramount Paramount Chief may be challenged by any candidate or Councillor the Commissioner and assessors appointed under section 19. Chief. of the Chiefdom Council within seven days after the declaration of the result of the election by a petition addressed to the High Court on 21. (1) Until the conclusion of the inquiry referred to in Suspension the ground that- . section 19 , th e p aramount ch·1e f wh o 1s . th e sub'~ect o f th e mqmry . . and removal of Paramount shall be suspended from office, and pursuant to subsection (4) of Chief. (a) the person so elected section 72 of the Constitution, the President shall remove the Paramount Chief from office, if from the report of the inquiry referred (i) is not qualified under section 8; to in section 19, the President is satisfied that the allegations made against the Para1nount Cluellrnve been proved. (ii) is disqualified under section 9; (2) Section 149 of the Constitution shall apply to the (iii) was elected on the basis of any claim of making and publication of the report of the inquiry referred to in a materially false nature under subsection (1 ). subsection (2) of section 14; or (3) The removal of any Paramount Chief under subsection (b) the election was otherwise improper. ( 1) shall be published in the Gazette. (2) A declaration by the High Court that the election of a PART VI-CHIEFDOM SPEAKERS AND OTHER SUB-CHIEFS Paramount Chief is not valid shall be without prejudice to anything done by the Paramount Chief before the declaration. 22. (1) The Chiefdom Speaker shall be the principal assistant Appointment . . th of Chiefdom to the Paramount Chief and shall be appomted by e Paramount Speaker. PARTY-REMOVAL OF PARAMOUNT CHIEFS Chief after consultation with his Chiefdom Committee from outside the ruling house of the Paramount Chief. Removal of 19. A Paramount Chief may be removed from office by the Paramount Chief. President for any gross misconduct in the performance of the (2) In amalgamated chiefdoms, any agreement on functions of his office if after a public inquiry conducted under the Chiefdom Speakership, shall be honoured by all concerned. chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission oflnqu_irymal.<es an (3) The Paramount Chief sha_ll inform the Ministe_r about ilie adverse fmdfug against the Paramount Chief, and l'resident is of the appointment of the Chiefdom Speaker for the endorsement of the opinion that it is in the public interest that the Paramount Chief Government. should be removed.

12 No.IO Chieftaincy Act 2009 No.IO Chieftaincy Act 2009 13 Election of 23. ( 1) A Section Chief shall be elected by the Chiefdom 26. (1) Where the Paramount Chief, whether of his own Removal Section . o f t h e maJonty . . o f th e ch·ie1uom .,.,, of other sub- Chiefs. Councillors in the Section in accordance with the customs and accor d or upon t h e comp Iamt chiefs. traditions of that Section of the Chiefdom. Councillors in a section is dissatisfied with the conduct of any Section Chief, he shall notify the Chiefdom Committee with the grounds of (2) A candidate who obtains a simple majority of the votes his or their dissatisfaction; and if upon investigating the matter, the cast shall be declared elected. Chiefdom Committee finds the Section Chief culpable it shall so advise the Chiefdom Administration which shall remove the Section Chief, (3) If the Minister is satisfied with the conduct of the subject to the right of appeal to the Minister whose decision shall be election, the newly elected Section Chief shall be formally recognized final. by the publication of the election in the Gazette. (2) An appeal under subsection (I) shall be lodged with the Provincial Secretary within fourteen days who shall institute an Election of 24. (1) A Town Chief shall be elected by the taxpayers in the To\vn Chiefs. administrative investigation into the matter and submit his findings town in accordance with the customs and traditions of that Town to the Minister for final decision. within the chiefdom. (3) A majority of the taxpayers from that town, village or (2) A candidak who obtains a sirnpie majority of the votes section who are dissatisfied with the conduct of their Town or Village cast shall be declared elected. Chief shall, through their Section Chief, notify the Chiefdom Committee with the grounds of their dissatisfaction; and if upon investigating (3) If the Minister is satisfied with the conduct of the the matter the Chiefdom Committee finds the conduct of the Town or election, the newly elected chief shall be formally recognized by the Village Chief to be not in the interest of peace, order and good publication of the election in the Gazette. government, it shall so advise the Chiefdom Administration which shall remove the Town or Village Chief PARTVII-REMOVAL OF CHIEFDOM SPEAKER AND SUB-CHIEFS 27. The removal of the Chiefdom Speaker and the other sub- Removal of chiefs under this Part shall be published in the Gazette. Chiefdom Speaker and Removal of 25. (1) The Chiefdom Speaker and other sub-chiefs who, by other sub- Chiefdom chiefs to be Speaker. customary law, are the Councillors or assistants of a Paramount Chief shall be subordinate in their ordinary jurisdiction to the Paramount PARTVIII-MISCELLANOUS published. Chief 28. The polling at any paramount chieftaincy election shall be Electoral. (2) A Paramount Chief who is dissatisfied ·with the conduct supervise_ b y the El ec tora1 Commiss10n . d . . wh ose d ecis10n . . Comm1ss10n on any to supervise of his Chiefdom Speaker shall notify the Chiefdom Committee with electoral issue shall be final. elections. the grounds of his dissatisfaction; and if upon investigating the matter, the Chiefdom Committee finds the Speaker culpable, it shall 29. (1) Subjectto this Act, the functions ofa p.;a,winount Chief Functions of advise the Chiefdom Administration to remove the Speaker for a new . . Paramount shall mclude the followmg:- Chiefs. Speaker to be appointed by the Paramount Chief

14 No.to Chiefiaincy Act 2009 No.to Chiefiaincy Act 2009 15 (a) supervise the collection oflocal tax and assist (a) refuses or fails without reasonable cause to the appropriate authority in the collection of hand over the Staff of Office when required other lawful taxes to which the members of to do so pursuant to subsection (I), or his chiefdom are subject; (b) in any way obstructs the Provincial Secretary (b) use his best ability to prevent the commission or other officer deputed by him in the of offences within his chiefdom and to performance of any function under sub- maintain order and good government within section ( 1), his chiefdom, commits an offence and is liable on conviction to a fine not exceeding (c) preser,e or promote, as appropriate, and Le5, 000, 000 or to a term of imprisonment not exceeding two years. serve as, the guardian of the customs and traditions of his chiefdom; 31. (1) Any person who- penalty. (d) to all intents and purposes to serve as an (a) administers any secret oath to any Chiefdom agent of development in his chiefdom; and Councillor to vote for any person; or (e) to supervise the election of sub-chiefs in his (b) in connection with the claim of any person chiefdom to being a chief, makes any statement which he knows to be false or which he has no (2) A Paramount Chief may for the purpose of his functions reason to believe to be true; under subsection (l) use his best ability to secure the making of Cap. 61 appropriate bye-laws by the Chiefdom Council under section 16 of (c) contravenes subsection (3) of section 4 or the Chiefdom Councils Act. section 7, commits an offence. Retrieval of 30. (1) Not later than one month after the death or removal of Staff of Office. a Paramount Chief, the Provincial Secretary or an officer deputed by (2) An offence under subsection (1) shall be punishable him in that behalf, shall retrieve the Staff of Office from the family of by a fme not exceeding Le5,000,000 or by a term of imprisonment not the Paramount Chief or from him, as the case may be. exceeding two years. (2) Any person who- 32. Sections 5 and 25 of the Provinces Act are hereby repeaJed, Amendment of Cap. 60.

16 No.10 Chieftaincy Act 2009 Passed in Parliament this 18th day of June, in the year of our Lord two thousand and nine. VICTOR KAMARA, Cle;k of 1°arliament. !HIS PRINTED IMPRESSION has been carefully compared by me with the Hill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. VICTOR KAMARA, Clerk of Parliament. PRINTED AND PUBLISHED BY TIIE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE . . GAZETTE No. 42 OF 17TH SEJ>TRMBER, 2009.