Local Government Act, 2004 (No. 1 of 2004)

20. Functions of local councils.

21. Local councils to delegate functions.

22. Ministries to formulate policies. THE LOCAL GOVERNMENT ACT, 2004 23. Ministries and Government Departments to consult local councils.

24. Joint committees of local councils. ARRANGEMENT OF SECTIONS 25. Joint commercial activities.

26. Government to delegate functions. Section No. 27. Chiefdom Councils to co-operate with local councils.

28. Chiefdom Councils to perform certain functions. PART I–PRELIMINARY 29. Duties of Councillors.

30. Remuneration of Councillors, Chairpersons and Deputy Chairpersons.

1. Interpretation. PART VI–STAFF OF LOCAL COUNCILS AND ESTABLISHMENT OF LOCAL PART II–ESTABLISHMENT OF LOCALITIES AND LOCAL COUNCILS GOVERNMENT SERVICE COMMISSION

2. Creation of localities. 31. Local Council Chief Administrator.

3. Incorporation of local councils. 32. Other staff of local councils.

33. Staff to be responsible to local councils . PART III–COMPOSITION OF LOCAL COUNCILS AND ELECTION OF

34. Assignment of staff. COUNCILLORS 35. Establishment of Local Government Service Commission.

4. Composition of local councils. 36. Composition of Commission.

5. Period for elections. 37. Tenure of office of members of Commission.

6. Qualifications and disqualifications of Councillors. 38. Functions of Commission.

7. Tenure of office of Councillors. 39. Remuneration of members of Commission.

8. Oath to be taken by Councillors. 40. Meetings of Commission.

41. Committees of Commission.

9. Vacancy in seats of Councillors.

42. Secretariat of Commission.

10. Filling of vacancies.

43. Local councils to establish departments.

11. Chairpersons. 44. Local procurement .

12. Removal of Chairpersons.

13. Deputy Chairpersons. PART VII–FINANCIAL PROVISIONS

14. First business of local councils. PART IV–MEETINGS AND COMMITTEES OF LOCAL COUNCILS 45. Financing of local councils.

46. Grants for local councils.

15. Meetings of local councils. 47. Grants for devolved services.

16. Use of languages. 48. Basis of distribution of grants.

17. Standing Orders. 49. Grants for local councils’ administrative costs.

18. Minutes to be prima facie evidence. 50. Councils may appeal to Minister.

19. Committees of local councils. 51. Mode of payment. iii iv Section No. Section No.

52. Establishment of Local Government Finance Committee. PART XI– DEVELOPMENT PLANNING

53. Tenure of office of members of Local Government Finance Committee.

54. Remuneration of members of Local Government Finance Committee. 85. Local councils to approve development plans.

55. Local Government Finance Committee to recommend grant allocations. 86. Local Technical Planning Committee.

56. Licences for trades, etc. 87. Review of development plans.

57. Fees. 88. Availability of development plans.

58. Local councils and Chiefdoms to share revenues. 89. Development plans not to be incompatible.

59. Local councils to determine local taxes. PART XII–BYE-LAWS

60. Sharing of mining revenues.

61. Provisions as to licences generally. 90. Local councils to make bye-laws.

62. Expenditure. 91. Uniform bye-laws.

63. Local councils to have bank accounts. 92. Validity of bye-laws.

64. Investment of funds. 93. Copy of bye-laws to be deposited at local councils’ offices.

65. Power to borrow monies. 94. Local councils to make bye-laws altering local customs.

66. Writing-off irrecoverable debts. PART XIII–WARD COMMITTEES

67. Local councils to prepare budgets.

68. Use of assets. 95. Establishment of Ward Committees.

96. Functions of Ward Committees. PART VIII–PROPERTY RATES PART XIV–RESPONSIBILITIES OF THE MINISTRY

69. Property rates.

70. Assessment of buildings. 97. Ministry to inspect and monitor activities of local councils.

71. Appointment of valuers and Assessment Committee. 98. Ministry to mediate.

72. Valuation Lists or Rolls. 99. Ministry to approve agreements.

73. Objections to Valuation Lists or Rolls. 100. President to take over administration of local councils.

74. Rate books. 101. Establishment of Provincial Coordinating Committees.

75. Occupied and unoccupied buildings. 102. Functions and meetings of Provincial Coordinating Committees.

76. Minister to issue guidelines.

77. Rates to be a charge on buildings. PART XV–TRANSPARENCY, ACCOUNTABILITYAND PARTICIPATION

78. Levy on owners’ goods for non-payment of rates. 103. Application of Anti-Corruption Act.

79. Levy on occupiers’ goods. 104. Declaration of assets.

80. Proceedings in case of non-payment of rates. 105. Local councils to take inventories.

106. Security printing of revenue receipts. PART IX–ACCOUNTS AND AUDIT 107. Reports to be posted on notice boards.

81. Accounts and audit. 108. Ministry to promote participatory processes in governance.

82. Auditor-General may disallow or surcharge. PART XVI–INTER-MINISTERIAL COMMITTEE ON DECENTRALIZATION

83. Recovery of sums certified due.

109. Establishment of Inter-Ministerial Committee on Decentralization. PART X–INTERNAL AUDIT

110. Functions of Inter-Ministerial Committee.

84. Internal audit. 111. Secretariat of Inter-Ministerial Committee. v Section No. PART XVII–MISCELLANEOUS

112. Appearance of local councils in legal proceedings.

113. Form of title deeds.

114. Documents to be prima facie evidence.

115. Description of properties of local councils. SIGNED this 24th day of February, 2004

116. Publication of notices.

117. Service of notices.

118. Hindering publication of notices, etc. ALHAJI AHMAD TEJAN KABBAH,

119. Inspection of documents. President.

120. Obstruction of inspection.

121. Obstruction of execution of Act.

122. Entry on premises for purposes of this Act.

123. Protection of Councillors and officers from personal liability.

124. General penalty. PART XVIII–TRANSITIONAL PROVISIONS

125. First election of Chairpersons.

126. Devolution of functions.

127. Assignment of staff. 0 No. 1 2004 PART XIX–REGULATIONS

128. Regulations Sierra Leone PART XX–REPEALS

129. Repeals The Local Government Act, 2004 Short title.

FIRST SCHEDULE Being an Act to consolidate with amendments, the law on SECOND SCHEDULE local government, and to provide for the decentralisation and devolution of functions, powers and services to local councils and

THIRD SCHEDULE for other matters connected therewith. [1st March, 2004] Date of com- mencement.

FOURTH SCHEDULE ENACTED by the President and Members of Parliament in this FIFTH SCHEDULE present Parliament assembled. 2 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 3 PART I–PRELIMINARY “Inter-Ministerial Committee” means the Inter- Ministerial Committee on Local Government and Interpretation. 1. In this Act, unless the context otherwise requires - Decentralisation established under section 109; Act No. “Anti-Corruption Commission” means the Anti- “locality” means the administrative area of a local 1 of 2000 Corruption Commission established by the Anti- council and includes a district, town, city or Corruption Act, 2000; metropolis; “assets” includes moveable and immoveable “local council” means a local council established under properties; paragraph (c) of subsection (2) of section 2; “Chairperson” means a person elected in accordance Cap 63 “local tax” means the local tax established under the with section 11 or 125 and includes a mayor in the Local Tax Act; case of the Freetown City Council; “Local Council Chief Administrator” means a person “Chiefdom Councils” means Chiefdom Councils appointed under section 31; Cap. 61 established under the Chiefdom Councils Act; “Local Government Finance Committee” means the Local Government Finance Committee established “Commission” means the Local Government Service under section 52; Commission established by section 35; “Minister” means the Minister charged with Act No. responsibility for local government; “Constitution” means the Constitution of Sierra Leone, 6 of 1991 1991; “Ministry” means the Ministry responsible for local government; “Councillor” means a member of a local council; “ordinarily resident” means the home or place where a “devolved function” means a function performed by person normally resides and to which he returns after Central Government but transferred to local councils any period of temporary absence; under section 20; “Paramount Chief Councillor” means a member of a “elected Councillor” means a member of a local council local council selected under paragraph (b) of elected under paragraph (a) of subsection (1) of subsection (1) of section 4; section 4; “transition period” means the first four years after the establishment of a local council under paragraph (c) “elector” means any person whose name is on any of subsection (2) of section 2; Act No. Register of Electors prepared in accordance with the 2 of Electoral Laws Act, 2002; “ward” means an area within a locality which is 2002 delineated and designated by the National Electoral “financial year” means the financial year of the Commission for the purpose of electing a Councillor Government; to a local council. 4 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 5 PART II–ESTABLISHMENT OF LOCALITIES AND LOCAL 3. (1) A local council, established under subsection (2) of Incorporation of local COUNCILS section 2, shall be a body corporate with perpetual succession and a councils. common seal and may sue and be sued in its own name. Creation of 2. (1) Subject to subsection (2), the areas specified in localities. Part I of the First Schedule shall be localities. (2) A local council shall have power for the discharge of any of its functions, to acquire and hold movable or immoveable (2) The President may for the purpose of this Act and property, to dispose of such property and to enter into any contract acting on the recommendation of the Ministry, the Ministry or other transaction. responsible for finance and the National Electoral Commission, by statutory instrument– PART III – COMPOSITION OF LOCAL COUNCILS AND ELECTION OF COUNCILLORS (a) declare any area within Sierra Leone as a locality; 4. (1) A local council shall consist of the number of persons Composition (b) assign a name to the locality; prescribed under paragraph (d) of subsection (2) of section 2, made of local councils. up of– (c) establish a council for the locality; (a) the Chairperson; (d) provide for the number of persons constituting the council; (b) such number of elected Councillors from the locality, elected by universal adult suffrage (e) specify the place where the principal offices Act No. 2 of in accordance with the Electoral Laws Act, of the local council are to be situated; and 2002. 2002; and (f) provide for such other matters as are required (c) the number of Paramount Chiefs in a locality by this Act to be included in the instrument as specified in Part II of the First Schedule or are consequential to it. selected by the Paramount Chiefs in the locality to represent their interests. (3) The Minister, the Minister responsible for finance, and the National Electoral Commission shall, in making any recommendation, consider– (2) Paragraph (c) of subsection (1) applies only to localities that have a system of paramount chieftaincy in terms of (a) the population and population density; section 72 of the Constitution. (b) the geographical contiguity; (3) Every local council shall consist of not less than twelve members. (c) the topography; (d) future growth or expansion, (4) A person seeking to be a member of a local council as an elected Councillor may present himself to the electorate as a of the area. candidate of a political party or as an independent candidate. 6 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 7 Period for 5. Elections to a local council shall be conducted every four (ii) the Armed Forces; elections. years. (iii) the Sierra Leone Police; Qualifications 6. (1) A person qualifies to be elected to a local council if the and disqualifi- (iv) the Judiciary; cations of person– Councillors. (v) the National Electoral Commission; (a) is a citizen of not less than 21 years of age; . (vi) the Civil Service; or (b) is on the Register of Electors and is ordinarily (f) is a– resident in the ward in which he seeks election; and (i) Paramount Chief; or a (c ) has paid all taxes and rates in that locality as (ii) Chiefdom Speaker required by law. (iii) Minister. (2) A person shall be disqualified for election to a local 7. Subject to this Act, a Councillor shall hold office for four Tenure of council if the person– years. office of Councillor. (a) is employed by the local council; 8. Every Councillor shall, before taking his seat in the local Oath to be council, take and subscribe the oath prescribed in the Second taken by Councillors (b) will be unable to perform the functions of his Schedule. office by reason of infirmity of mind or body; 9. (1) The seat of a Councillor shall become vacant– Vacancy in seats of Councillors. (c) has been sentenced to death or imprisonment (a) upon the death of the Councillor; for an offence involving fraud, dishonesty or violence or has been convicted of an (b) if by writing addressed to the Chairperson, offence relating to or connected with the Councillor resigns as a member; elections under any enactment, and has not (c) if the person becomes disqualified under received a free pardon; subsection (2) of section 6; (d) being a practising professional, is (d) if the Councillor is absent from more than disqualified (otherwise than at his own three consecutive ordinary meetings of the request) from practising his profession by Council without reasonable excuse and without informing the Chairperson; or order of a competent authority; (e) if the Councillor takes part in any (e) is a member of– deliberations on a contract in which he has a financial interest or votes on any decision (i) Parliament; concerning the contract. 8 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 9 (2) A local council shall, upon a complaint made to it that (4) A Paramount Chief selected under subsection (3) shall a Councillor is disqualified under paragraph (c ), (d) or (e) of hold office, subject to this Act, for the unexpired term of the previous subsection (1), appoint a complaints and arbitration committee to Paramount Chief Councillor. investigate the complaint. 11. (1) Subject to section 125, there shall be a Chairperson Chairpersons (3) The complaints and arbitration committee shall for each local council, who shall be elected by universal adult suffrage consist of such independent persons as the local council may by electors of the locality. recommend and as may be approved by the Minister. (2) Subject to this Act, the term of office of a Chairperson shall be four years and he shall be eligible for re-election for one (4) The complaints and arbitration committee shall at such further term only. time as may be determined by the council, submit a report of its findings to the local council, which shall be made publicly available (3) The Chairperson shall, without prejudice to the other when the minutes of the council’s discussion are made available. provisions of this Act- (5) Where the local council, after studying the report, (a) supervise the Local Council Chief passes a resolution supported by not less than two-thirds of all Administrator; members of the council to that effect, the member shall cease to be a member of the council. (b) cause to be prepared and submitted to the local council for its approval, the annual development plan and budget; (6) A Councillor who is aggrieved by a decision of the local council under subsection (5) may appeal to the High Court (c) report to the local council every month on against such decision. activities of the council over the past month including the implementation of the council’s Filling of 10. (1) Whenever a vacancy occurs among the elected vacancies. decisions and policies; Councillors, a bye-election shall be held by the National Electoral Commission to fill such vacancy within ninety days of the occurrence (d) ensure that decisions and resolutions of the of the vacancy, but if the vacancy occurs within a period of six months local council are implemented; before the end of the tenure of office of the elected Councillor, no bye-election shall be held. (e) ensure that the financial affairs of the local council are properly managed and controlled; (2) A person elected under subsection (1) to fill a vacancy and shall hold office, subject to this Act, for the unexpired term of the (f) perform such other functions as the local previous elected Councillor. council may determine. (3) Where a vacancy occurs among the Paramount Chief (4) The office of the Chairperson shall become vacant- Councillors, the Paramount Chiefs in the locality shall, where applicable fill such vacancy by selecting another Paramount Chief. (a) upon the death of the Chairperson; 10 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 11 (b) upon the resignation of the Chairperson; (2) For purposes of removing the Chairperson under subsection (1) other than paragraph (e), a notice in writing signed by (c ) if the holder accepts appointment to another not less than two-thirds of all the members of the council shall be submitted to the Minister– public office; (a) stating that they intend to pass a resolution (d) if the holder is sentenced to death or of the council to remove the Chairperson on imprisonment for an offence involving fraud, any of the grounds set out in subsection (1); dishonesty or voilence; and (b) setting out the particulars of the charge (e ) if circumstances arise under any other law supported by the necessary documents which disqualifies the holder from occupying where applicable on which it is claimed that the office; or the conduct of the Chairperson be investigated for purposes of his removal. (f) if the Chairperson is removed from office (3) The Minister shall, seven days after receipt of the under section 12. notice referred to in subsection (2) cause a copy to be transmitted to the Chairperson and the Chief Justice. Removal of 12. (1) Subject to subsection (2), a Chairperson may be Chairpersons. (4) The Chief Justice shall, within seven days after receipt removed from office by the local council by a resolution supported of the notice transmitted under subsection (3) constitute a Panel by two-thirds of the Councillors on any of the following grounds- comprising a Justice of the High Court and two other persons to investigate the allegations contained in the notice and to report its (a) abuse of office; findings to the council stating whether or not there is a prima facie case for the removal of the Chairperson. (b) corruption; (5) The Chairperson is entitled to appear at the proceedings of the Panel and to be represented by a legal practitioner (c) gross incompetence; or other person of his choice. (6) If the Panel determines that there is a prima facie case (d) gross misconduct or misbehaviour; for the removal of the Chairperson under subsection (1) other than paragraph (e) and if the local council passes a resolution for his (e) such physical or mental incapacity as would removal supported by the votes of not less than two-thirds of all render the Chairperson incapable of members of the council the Chairperson shall cease to hold office. performing his duties; or (7) For the purposes of removal of the Chairperson on grounds of physical or mental incapacity under paragraph (e) of (f) failure or refusal without justifiable reasons subsection (1), there shall be submitted to the Minister a notice in to implement lawful decisions of the local writing signed by not less than two-thirds of all the members of the council. local council– 12 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 13 (a) stating that they intend to pass a resolution (15) The Minister shall request the Deputy Chairperson of the Council for the removal of the to convene the local council within fourteen days after the receipt of Chairperson on grounds of physical or mental the report of the Panel or Medical Board, as the case may be, a copy incapacity; and of which shall be served on the Minister. (b) giving particulars of the alleged incapacity. (16) The motion for the removal of the Chairperson shall be moved within fourteen days of the receipt by the Minister of the (8) The Minister shall, within seven days after receipt of copy of the report of the Panel or the Medical Board, and failure to the notice referred to in subsection (7) cause a copy to be transmitted do so shall render the resolution null and void. to the Chairperson and the Chief Justice. (17) The Chairperson is entitled to appear in person and (9) The Chief Justice shall, within seven days after receipt be heard during the proceedings of the local council relating to the of the notice transmitted in subsection (8) and after consultation motion for a resolution under this section. with the Medical and Dental Council, constitute a Medical Board comprising three qualified medical specialists to examine the Chairperson in respect of the alleged incapacity and to report its (18) The expenses of the Panel and Medical Board shall findings to the local council. be met by the relevant local council. 13. (1) There shall be a Deputy Chairperson for each local Deputy (10) The Chief Justice shall inform the Chairperson of this council, elected by a simple majority of all the Councillors from among Chairpersons. action when the Medical Board is constituted. the elected Councillors. (11) The Medical Board shall examine the Chairperson (2) The Deputy Chairperson shall, subject to this Act, within fourteen days after its establishment. hold office for four years. (12) The Chairperson shall submit himself to the Medical (3) The Deputy Chairperson shall assist the Chairperson Board for examination on a day and at a time determined by the in the performance of his functions and act in the absence of the Board. Chairperson. (13) If the Medical Board determines that the Chairperson (4) Section 13 shall apply with such modification as may is by reason of physical or mental incapacity unable to perform the be necessary to the removal from office of a Deputy Chairperson. functions of the office of Chairperson and the council passes the resolution for his removal supported by the votes of not less than two-thirds of all members of the council, the Chairperson shall cease 14. Subject to section 11, the election of a Chairperson and a First business to hold office. Deputy Chairperson shall be the first business transacted at the first of local councils. meeting of a local council held after an election under section 6. (14) If the Medical Board, after the expiration of the period of fourteen days referred to in subsection (11) reports that the PART IV–MEETINGS AND COMMITTEES OF LOCAL COUNCILS Chairperson has failed or refused to submit to the Medical Board and the local council passes the resolution for his removal supported by 15. (1) A local council shall hold ordinary meetings at least Meetings of the votes of not less than two-thirds of all members of the council, once every month, at such place and time as the Chairperson may Councils. the Chairperson shall cease to hold office. determine. 14 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 15 (2) Notice of the time and place of the ordinary meetings 17. (1) A local council shall make Standing Orders not Standing Orders. of a local council shall be made public at least one week before each inconsistent with this Act to regulate the proceedings of the Council meeting. and its Committees. (3) The Chairperson or in his absence the Deputy (2) The Standing Orders shall be adopted by not less Chairperson or any Councillor appointed by the Councillors from than two-thirds of the members of the Council. among themselves, shall preside at meetings of the Council. (3) The Standing Orders shall at all times be followed and (4) A Chairperson may, at any time and shall at the request observed and shall be binding on the local council. in writing of not less than one-third of the Councillors, call a special meeting, the notice of which shall specify the object of such meeting. 18. (1) The minutes of a meeting of a local council shall be Minutes to be prima facie signed by the Chairperson or other person who presided at the evidence. meeting. (5) Except otherwise provided in this Act or in the Standing Orders of the local council, matters for decision by a local (2) The approved minutes of any meeting of a local council shall be determined by a simple majority of the Councillors council or any committee of the Council, signed by the Chairperson present and voting. or other person presiding, shall be prima facie evidence of the matters referred to in the minutes and shall be received in evidence without (6) The quorum for a meeting of a local council shall be further proof. half of all the Councillors, provided that where a local council holds a meeting to discuss financial matters, the quorum for such meetings (3) Minutes of a meeting of a local council shall be made shall be three-fourths of all members of the council. public within fourteen days of being approved. (7) A local council may, at any time, require any officer 19. (1) A local council may appoint such committees Committes of local councils. employed by it or under its control to attend any of its meetings to consisting of such councillors and performing such functions as the provide information or assistance as the council may require, but council may think fit. such officer shall not vote on any matter for decision by the council. (2) Without prejudice to subsection (1), a local council (8) Meetings of a local council shall be open to the public, shall appoint– but where by resolution of the council the deliberations at a particular (a) a development planning committee; and meeting are of a confidential nature, the local council may meet in camera. (b) a budgeting and finance committee. Use of 16. (1) Subject to subsection (2), a local council may conduct (3) Each Councillor, other than the Chairperson, shall serve languages. on at least one Committee during that member’s tenure of office. its deliberations in the English language or in any other language common to the communities in the locality. (4) The Chairperson may attend a meeting of any (2) The minutes of meetings and other records of a local Committee, but shall not vote on any matter for decision by the council shall be in the English language. Committee. 16 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 17 (5) A Committee may co-opt any person to attend any of (d) be responsible for the development, its meetings to advise it on any matter being considered by it, but the improvement and management of human co-opted person shall not have a right to vote. settlements and the environment in the locality; (6) A Committee shall regulate the procedure for its (e) initiate, draw up and execute development meetings in accordance with the Standing Orders of the local council. plans for the locality; (7) All Committee meetings shall be open to the public. (f) coordinate and harmonise the execution of programmes and projects promoted or carried (8) A local council may, by resolution, dissolve and out by public corporations, other statutory reconstitute any Committee which in its opinion is not performing its bodies and non-governmental organisations, in the locality; functions effectively. (g) cooperate with relevant agencies to ensure PART V – FUNCTIONS OF LOCAL COUNCILS AND COUNCILLORS the security of the locality; Functions of 20. (1) A local council shall be the highest political authority (h) oversee Chiefdom Councils in the local councils. performance of functions delegated to them in the locality and shall have legislative and executive powers to be exercised in accordance with this Act or any other enactment, and by the local council; shall be responsible, generally for promoting the development of the (i) determine the rates of local tax; locality and the welfare of the people in the locality with the resources at its disposal and with such resources and capacity as it can mobilise (j) approve the annual budgets of Chiefdom from the central government and its agencies, national and Councils and oversee the implementation of international organisations, and the private sector. such budgets; and (k) perform additionally the functions– (2) Without prejudice to the generality of subsection (1), it shall be the function of a local council to– (i) devolved to it by the Third Schedule, subject to section 126; (a) mobilise the human and material resources (ii) prescribed, if any, in the statutory necessary for the overall development and instrument made under subsection (2) welfare of the people of the locality; of section 2. (b) promote and support productive activity and (3) The relevant Government Ministry shall, in respect of the social development in the locality; devolved functions– (c) initiate and maintain programmes for the (a) be responsible for policy matters; development of basic infrastructure and (b) provide technical guidance to the local provide works and services in the locality; councils; and 18 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 19 (c) monitor the performance of the functions by (3) A committee appointed under this section shall, unless the local councils. otherwise directed, report its proceedings to the local councils concerned. Local councils 21. (1) Subject to this Act, a local council may, as appropriate, to delegate functions. delegate any of its functions to such Chiefdom Council, body or 25. A local council may, after notifying the Minister join any Joint person as it may determine. other local council in promoting any commercial activity beneficial to commercial the localities. activities. (2) Nothing in subsection (1) permits the delegation of the power of a local council to legislate, impose rates, taxes, fees, 26. (1) Without prejudice to section 20, a Government Government charges or borrow money, approve the budget or draw up development to delegate Ministry may delegate to a local council such of its functions as it functions plans of a local council. may think fit. (3) Any Chiefdom Council, body or person to whom a (2) The Government Ministry shall, in respect of any function has been delegated shall, on a quarterly basis, submit a delegated functions, transfer to the local councils such resources written report which shall include such accounting or financial matters and powers as may be necessary for the efficient performance of the as may be necessary, to the local council, and the report shall be delegated functions. displayed in a conspicuous part of the premises of the local council and in every ward of the chiefdom to which the functions was (3) A local council shall, after performing the delegated delegated. functions, submit a report thereon to the relevant Minister. Government Ministries to formulate 22. Government Ministries shall, in respect of any function 27. Chiefdom Councils shall cooperate with local councils in Chiefdom policies. councils to devolved to local councils under this Act or any other enactment the performance of the functions of the local councils. cooperate which relates to them, be responsible for the formulation of national with local councils. policies, and local councils shall act in accordance with such policies. 28. In cooperating with local councils, Chiefdom Councils shall Chiefdom Government 23. Government Ministries and Departments shall, in preparing councils to Ministries and continue to perform the functions provided for in the Chiefdom perform Departments and undertaking any projects that shall affect a locality consult the Cap.Councils 61. Act, in particular– certain to consult local council concerned. functions. local councils. (a) preventing the commission of offences in Joint their area; 24. (1) A local council may, in agreement with any one or committees of local more other local councils appoint a joint committee for any projects councils. (b) prohibiting or restricting illegal gambling; or matters in which they are jointly interested, and may delegate to the committee any functions of the councils relating to the project or matter for which the committee is appointed. (c) making and enforcing bye-laws; and (2) A committee appointed under this section may be (d) holding land in trust for the people of authorised to co-opt additional members. the Chiefdoms. 20 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 21 Duties of 29. A Councillor shall– (3) Applicants for the post of Local Council Chief Councillors. Administrator and other established posts in the local councils shall (a) maintain close contact with his ward or meet selection criteria determined by the Commission and shall go chiefdom, consult the electorate on issues to through a competitive process that is open and transparent. be discussed in the local council and collate their views, opinions and proposals for that (4) A Local Council Chief Administrator shall– purpose, and present them to the local council; (a) be responsible for the financial and other resource management and the day-to-day (b) report to the electorate the decisions of the Council and the actions he has taken to solve administration of the local council; problems or deal with issues raised by the electorate; and (b) be responsible for the implementation of all lawful decisions of the local council; (c) promote communal and other development activities in the locality. (c) assist and advise the Chairperson in the performance of his functions; Remuneration 30. (1) Subject to subsection (2)– of Councillors, Chairpersons (d) supervise and coordinate the activities of the and Deputy (a) Councillors shall be paid such transport and other staff and Departments of the local Chairpersons other allowances as the local council may council; determine; and (e) have custody of all documents and records (b) Chairpersons and Deputy Chairpersons shall of the local council; be paid such remuneration as the local council may determine. (f) perform such other functions as the local council or Chairperson may determine; and (2) Any allowances or remuneration paid shall be financed by the local council under guidelines issued by the Ministry after consulting the Ministry responsible for finance. (g) ensure that staff performance standards are met. PART VI–STAFF OF LOCAL COUNCILS AND ESTABLISHMENT OF LOCAL GOVERNMENT SERVICE COMMISSION (5) A Local Council Chief Administrator shall, in the performance of his functions, ensure that there is accountability and Local Council 31. (1) There shall be a Local Council Chief Administrator Chief transparency in the management and delivery of the local council’s Administrator. for each local council who shall be appointed by the local council services. after consulting the Commission. (2) The Local Council Chief Administrator shall be the 32. (1) Subject to subsection (2), a local council shall Other staff of local councils. secretary to the local council and the head of the administration appoint such other staff, after consulting the Commission, as may be of the local council. necessary for the proper and efficient performance of its functions. 22 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 23 (2) A local council need not consult the Commission (b) a representative of the Ministry; in respect of the appointment of staff below such level as may be specified in guidelines issued by the Commission. (c) a representative of the Public Service Commission; Staff to be 33. (1) The Local Council Chief Administrator shall be responsible to (d) a representative of the Establishment local councils. responsible to and subject to the general directions of the local council. Secretariat; and (2) The other staff of a local council shall be (e) four other persons with considerable responsible to the Local Council Chief Administrator. knowledge of local government matters, three of whom shall be women. Assignment 34. (1) The Government may, at the request of a local of staff. council made through the Minister, assign public officers to the local (2) The members of the Commission shall be appointed by the President with the approval of Parliament. council to assist it in performing its functions. 37. (1) The members of the Commission, other than the Tenure of (2) A public officer assigned under subsection (1) office of ex-officio members, shall hold office for three years and shall on the members of shall– expiration of that term be eligible for re-appointment for another term Commission. only. (a) be responsible to the Local Council Chief Administrator; (2) Any member of the Commission other than an ex-officio member, may resign his office in writing addressed to the (b) in respect of social security and other rights, President through the Minister. be deemed to be in the service of Government; and (3) Where the office of a member of the Commission other than an ex-officio member, becomes vacant through death, (c) at the conclusion of his assignment, either resignation or any other cause before the expiration of that member’s be appointed by the local council as its staff term of office, the Minister shall notify the President in writing of the or revert to his former place of employment. occurrence of the vacancy and the President, with the approval of Parliament, shall appoint another person, in the place of that member, Establishement 35. There is hereby established a Commission to be to hold office for the unexpired term of office of that member. of Local Government known as the Local Government Service Commission. Service (4) Where it appears to the President on the written Commission. recommendation of the Minister that any member of the Commission Composition 36. (1) The Commission shall consist of- is incapacitated by absence from Sierra Leone, illness or any other of cause from performing the duties of his office, the President may Commission. (a) a chairman, who shall be a person with appoint another person to hold office in his place until such time as considerable knowledge and experience in the President is satisfied that the incapacity of that person has public administration and local government terminated or until the term of the member expires, whichever first matters; occurs. 24 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 25 (5) A member of the Commission, other than an ex-officio that will enable staff in central and local member, who is absent from three consecutive meetings of the government to have equal opportunity in Commission without reasonable cause shall cease to be a member. determining their promotions and career development; and (6) The President may, in writing remove a member of the Commission for inability to perform his functions by reason of (f) promote equal opportunity practices within infirmity of mind or body or for misconduct. local councils. Functions of 38. (1) The Commission shall be responsible for providing 39. Members of the Commission shall be paid such Remuneration Commission. regulatory, performance management and management functions to remuneration as shall be determined by the Minister after consulting of of members the system of decentralised government established under this Act. the Minister responsible for finance. Commission. (2) Without prejudice to the generality of subsection (1), the Commission shall– 40. (1) The Commission shall meet for the despatch of Meetings of Commission. business at such times and in such places as the Chairman may (a) after consulting the Public Service determine, but shall meet at least once in every three months. Commission, develop policy guidelines for the recruitment, training, promotion, (2) The Chairman shall, upon the written requisition of remuneration and discipline of staff of local not less than one-third of the members of the Commission, convene councils, including guidelines setting out a special meeting of the Commission. disciplinary and arbitration procedures and procedures for the handling of petitions (3) The quorum at a meeting of the Commission shall be arising from the staff of the Council; five members. (b) set staff performance standards within which (4) The Chairman shall preside at all meetings of the local council employees shall carry out their Commission at which he is present, and in his absence a member of functions and discharge their duties; the Commission elected for that purpose by members of the Commission present at the meeting shall preside. (c) develop professional standards and guidelines for the various categories of the (5) Decisions of the Commission shall be by majority vote staff of local councils in conjunction with of the members present and voting at a meeting, and in the event of professional bodies; an equality of votes, the Chairman or other person presiding shall have a second or casting vote. (d) assist in carrying out organisational and job analysis for local councils; (6) The Commission may co-opt any person to attend any of its meetings, but no co-opted person shall vote at the meeting. (e) after consulting the Public Service Commission, develop common schemes of (7) Subject to this Act, the Commission shall regulate service and performance appraisal systems the procedure for its meetings. 26 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 27 Committees 41. The Commission may, for the purpose of better enabling it (2) Each local council shall be responsible for the of Commission. to discharge its functions, appoint committees consisting of members preparation, administration and control of budgetary allocations of or non-members and may assign in writing to any of the committees the departments. such of its functions as it may determine. 44. Every local council shall invite tenders and process Local Secretariat of 42. (1) The Commission shall be serviced by a secretariat. procurements. Commission. procurement contracts in accordance with existing Government (2) The secretariat shall consist of a Secretary and such guidelines on procurements. other staff as may be required for the efficient discharge of the functions of the Commission. PART VII–FINANCIAL MATTERS (3) The Secretary and other staff of the Commission shall 45. (1) Local councils shall be financed from their own Financing of local councils be public officers and shall be assigned by the Establishment revenue collections, from central government grants for devolved Secretary. functions and from transfers for services delegated from Government Ministries. (4) The Secretary shall be the head of the secretariat and shall be responsible to the Commission for– (2) Local councils shall make adequate efforts to collect revenues from their own sources. (a) the day-to-day administration of the affairs of the Commission; (3) Grants shall be provided to local councils in accordance with sections 46, 47 and 48. (b) the recording and keeping of minutes of meetings of the Commission; (4) Local council revenue sources shall comprise- (c) the supervision and control of the staff of (a) precepts from local taxes; the Commission ; (d) the provision of technical and other support (b) property rates; to the Commission to better enable it to carry out its functions; (c) licences; (e) implementing the decisions of the (d) fees and charges; Commission; and (e) share of mining revenues; (f) the performance of such other duties as the Commission may determine. (f) interests and dividends; and Local councils 43. (1) Each local council shall, in the discharge of its (g) any other revenue due to the Government to establish departments functions, establish the departments specified in the Fourth Schedule, but assigned to local councils by the Minister and may establish thematic functional departments after consulting responsible for finance by statutory the Commission. instrument. 28 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 29 Grants for 46. (1) Each year, local councils shall be paid tied grants– 48. (1) Until and including the financial year ending in 2008, Basis of local distribution of councils. the allocation between local councils of each of the tied grants for grants. (a) for the discharge of the devolved functions; devolved services shall be recommended to the Local Government and Finance Committee by the Ministry responsible for the function that is the subject of a tied grant, and shall be based on principles of (b) towards their administrative costs . equity. (2) After that period, the allocation of untied grants shall (2) The total amount of grants to be allocated to local be based on the relative needs of the local councils to provide services councils each year shall form part of the national budget and shall be for their residents and the relative capacities of the councils to raise published by Government Notice and in the national newspapers. revenue. (3) When presented in the national budget, the total 49. (1) A tied grant shall be paid to local councils towards Grants for local councils’ amount of the grants to local councils shall not be changed unless their administrative costs. administrative the total amount of funding is changed and, in such circumstances, costs. the changes for individual local councils shall be based on (2) The allocation of the grant refered to in subsection recommendations of the Local Government Finance Committee. (1) between local councils shall be based on objective factors reflecting expenditure needs, local revenue capacity and the financial and Grants for administrative performance of the councils. 47. (1) Until and including the financial year ending in 2008, devolved services. Parliament shall appropriate to local councils as a tied grant for each (3) The amount of the grant refered to in subsection (1) devolved service, at least that amount necessary to continue the shall increase each year at least in line with inflation. operation and maintenance of that service at the standard to which it was provided in the year prior to its devolution. 50. (1) Any local council dissatisfied with the distribution of Councils may appeal to any grant may appeal to the Minister. Minister. (2) For the period thereafter, Parliament shall appropriate to local councils the amount that enables the councils to provide (2) An appeal under subsection (1) shall be accompanied those devolved services at an appropriate standard. by a detailed statement of how the allocation does not conform to the principles on which the distribution is to be based. (3) Annual changes in the total grants appropriated for . (3) Applying procedures specified in law, the Minister devolved services to local councils as a whole shall not be less shall consider and determine the outcome of the appeal within thirty advantageous than the annual changes in the total budgetary days of its receipt and shall make public the reasons for his findings appropriation made to Government Ministries. within fourteen days of his decision. (4) Parliament may specify the functions on which these 51. (1) Subject to their compliance with conditions attached Mode of payment. untied grants must be spent, so as to ensure that national priorities to previous payments by the Ministry responsible for finance, and standards of service are met. payments shall be made to local councils on a monthly basis. 30 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 31 (2) Grants and transfers to local councils shall be paid by (2) Any member of the Local Government Finance the Ministry responsible for finance directly into the bank accounts Committee, other than an ex-officio member, may resign his office in of local councils. writing addressed to the President through the Minister. Establishment 52. (1) There is hereby established the Local Government (3) Where the office of a member of the Local Government of Local Finance Committee which shall consist of– Government Finance Committee, other than an ex-officio member, becomes vacant Finance Committee. through death, resignation or any other cause before the expiration (a) a senior representative of each of the Ministries responsible for finance, local of that member’s term of office, the Minister shall notify the President government and development and economic in writing of the occurrence of the vacancy and the President, with planning; and the approval of Parliament, shall appoint another person, in the place of that member, to hold office for the unexpired term of office of that (b) four other persons nominated by the member. Chairpersons of all local councils, such persons having considerable knowledge of (4) Where it appears to the President, on the written public finance but no allegiance to any local recommendation of the Minister, that any member of the Local council. Government Finance Committee is incapacitated by absence from Sierra Leone, illness or any other cause, from performing the duties (2) One of the members nominated by the Chairpersons of his office, the President may appoint another person to hold that shall chair meetings of the Local Government Finance Committee. member’s office until such time as the President is satisfied that the (3) The Local Government Finance Committee may co- incapacity of that member has terminated or until the term of the opt such persons as are necessary to assist it to perform its duties. member expires, whichever first occurs. (4) Subject to this section, the Local Government Finance (5) A member of the Local Government Finance Committee shall regulate the procedure for its meetings. Committee, other than an ex-officio member, who is absent from three consecutive ordinary meetings of the Commission without reasonable (5) The Ministry responsible for finance shall provide cause, shall cease to be a member. the secretariat for the Local Government Finance Committee. (6) The President may, in writing remove a member of the (6) The members of the Local Government Finance Local Government Finance Committee for inability to perform the Committee shall be appointed by the President with the approval of functions of a committee member by reason of infirmity of mind or the Parliament. body or for misconduct. Tenure of 53. (1) The members of the Local Government Finance office of 54. Members of the Local Government Finance Committee shall Remuneration members of Committee, other than the ex-officio members, shall be appointed for of members of Local three years and shall, on the expiration of that term, be eligible for re- be paid such remuneration as shall be determined by the Minister Local Government appointment for only one further term. after consulting the Minister responsible for finance. Government Finance Finance Committee. Committee. 32 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 33 Local 55. The Local Government Finance Committee shall – (b) the use of bus, taxi, car or lorry parks; Government Finance Committee (a) recommend to the Minister responsible for (c) the extraction of fish, timber, sand and other to building materials; and recommend finance the amount of grant allocations to grant each local council; and allocations. (d) services provided by the councils. (b) indicate the formulae used in arriving at the 58. Revenue raised from local taxes and from mining revenues, Local councils and various amounts recommended. other than those collected by the Government, shall be shared Chiefdoms to between the local councils and the Chiefdom Councils. share revenue. Licences for 56. (1) A local council shall issue a licence to any person in trades, etc. 59. (1) Local councils shall– Local councils a locality who– to determine local taxes. (a) establishes or maintains premises from which (a) three months before the end of each financial year determine the amount of local tax to be to practise any trade, business or profession; paid during the forth coming financial year by every person liable to pay such tax within (b) owns any cart, wagon or other non-motorised each locality; and vehicle or canoe; or (b) determine the percentage of the local tax to (c) holds any concert, dance, musical, theatrical be paid to it, to be called the precept, as it or other entertainment. may by resolution determine and as it requires as revenue. (2) A local council shall charge such fees for the issuance (2) Local councils shall notify each Chiefdom Council in of a licence as it may determine. its administrative area where applicable, of the amount of the local tax and the precept for the forth-coming financial year, not later than two (3) A non-motorised vehicle for which a licence is issued months before the end of each financial year. under subsection (1) shall have affixed on it the number plate assigned to it by the local council. (3) The Chiefdom Councils shall, where applicable, collect the local tax and pay the precept to the local council. (4) No licence shall be issued under subsection (1) in respect of any vehicle which the local council is satisfied is in such 60. Local councils shall be entitled to such share of revenues Sharing of mining from mining as may be determined by the Ministry after consulting revenues. condition as to endanger persons or property or cause unnecessary the Ministries responsible for finance and mineral resources. suffering to any animal drawing it. 61. (1) A licence may be issued under this Part subject to Provisions as Fees. 57. Local councils shall charge fees for– to licences such conditions as may be contained in any bye-laws or, where there generally. is no provision in the bye-laws, such conditions as the local council (a) the use of markets; may think fit. 34 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 35 (2) Any condition stipulated in a bye-law or by a local (2) The Minister shall, after consulting the Minister council shall be endorsed in detail or by reference on the licence. responsible for finance, make regulations concerning investment of funds by local councils. (3) A person required to hold a licence referred to in this Part who, upon demand being reasonably made by any authorised 65. A local council may raise loans or obtain overdraft within Power to borrow officer of the local council fails to produce his licence for inspection, Sierra Leone of such amounts, from such sources, in such manner, monies. commits an offence and is liable on conviction to a fine not exceeding for such purposes and on such conditions as the Minister, after Le500,000 or to a term of imprisonment not exceeding three months, consulting the Minister responsible for finance , may approve; except or to both the fine and imprisonment. that no approval is required where the loan or overdraft to be raised does not exceed such amount as the Minister may, after consultation (4) A person who, without the appropriate licence, does with the Minister responsible for finance, by statutory instrument any thing for which a licence is required under this Part or who, being determine. the holder of a licence issued under this Part contravenes any of the conditions contained in the licence, commits an offence and is liable 66. (1) Subject to subsection (2), a local council may, by Writing off on conviction to a fine not exceeding Le600,000 or to a term of irrecoverable resolution, write off as irrecoverable debt, in any one year, any sum debts. imprisonment not exceeding six months, or to both the fine and due or payable to the council from or by any person for any reasonable imprisonment. cause where the sum due and payable to the council does not exceed such amount as the Minister may, with the approval of Cabinet and (5) A person who lets out, hires, lends or borrows a by notice published in the Gazette, determine. licence or who not holding a valid licence produces, exhibits, or uses a licence, commits an offence and is liable on conviction to a fine not (2) The local council shall, within twenty-one days after exceeding Le600,000 or to a term of imprisonment not exceeding six the end of each quarter, inform the Minister in writing of the total sum months or to both the fine and imprisonment. written off during that quarter and the reasons for doing so. (6) A local council may revoke a licence when the holder 67. (1) Every local council shall cause to be prepared for its Local has been convicted of an offence under subsection (4) or (5). Councils to approval a budget for each financial year three months before the prepare beginning of that year. budgets. Expenditure. 62. Subject to this Act, a local council may incur all expenditure necessary for or incidental to the carrying out of any functions (2) The budget shall– conferred on it under this Act or any other enactment, provided that the expenditure is included in the approved budget of the local council. (a) subject to subsection (3) of section 85 reflect Local councils the priorities and needs of the locality as 63. A local council shall open and maintain a bank account for to have bank contained in the local council’s development accounts. all revenues and other monies raised or received by it under this Act plan; or any other enactment. Investment of 64. (1) Subject to subsection (2), a local council may invest (b) balance income and expenditure by way of funds. any portion of the monies of the council in stocks and bonds or in annual financial estimates of revenue and such other investment as the council may approve. expenditure; 36 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 37 (c) be prepared in accordance with procedures 70. There shall be liable to be assessed in accordance with this Assessment of buildings. prescribed by law; and Part, all buildings (including buildings owned by or in occupation of the Government and the local council) within a locality except– (d) be a public document and shall be posted on the notice board of the local council when (a) any church, chapel, mosque meeting-house approved by the council and during the or other buildings exclusively used for public whole of the financial year to which it applies. religious worship; (b) buildings used as public hospitals and (3) A copy of the budget shall be submitted to the clinics; Commission and the Local Government Finance Committee. (c) buildings used for charitable purposes; (4) The Ministry responsible for finance shall, after consultaion with the Ministry issue guidelines for the preparation of (d) buildings used for public educational budgets under this section. purposes including public universities, colleges and schools; Use of assets. 68. A local council may use its assets for the generation of income for the council. (e) buildings on burial grounds and crematoria; and PART VIII–PROPERTY RATES (f) buildings owned by diplomatic missions as Property 69. (1) The property rates provided for in the estimates of a may be approved by the Ministry responsible rates. for foreign affairs. local council in any financial year shall be a uniform rate on the assessed annual value of assessed buildings and shall be a single 71. (1) A local council may for the purposes of this Part Appointment rate in respect of each class of assessed buildings. of valuers and appoint valuers and an Assessment Committee. Assessment Committee. (2) The rates provided for in the estimates approved by a (2) An Assessment Committee shall consist of such local council (hereinafter referred to as the approved rate) shall be members of the local council as the council may determine. imposed and levied by the local council and shall, subject to this Act be payable by the owner to the council on such date as the council 72. (1) Valuation Lists or Rolls showing the assessed annual Valuation may by notice to the owner determine. value of all buildings assessable under this Part shall be prepared by Lists or Rolls. the valuers and approved by the local council on the recommendation (3) A local council may, by resolution approve payment of the Assessment Committee in accordance with Part I of the Fifth of rates in two or more equal instalments to be paid within one financial Schedule. year. (2) Any person owning or in occupation of or interested (4) The resolution shall state the period after which if full in any assessable building shall be entitled to inspect the Valuation payment is not made, the owner shall be deemed to have refused or Lists or Rolls and to take copies of or extracts from them on payment of a fee to be determined by the local council. neglected to pay. 38 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 39 Objections to 73. (1) Objections to and amendments of any Valuation List (2) The warrant shall be in the Form 1 of the Fifth Schedule. Valuation Lists or Rolls. or Roll shall be determined and made in accordance with such procedures as the Minister may prescribe. (3) The bailiff shall cause notice of the sale to be advertised at least five days before the sale. (2) Every Valuation List or Roll shall remain in force until it has been replaced with a new List or Roll. (4) Any money arising out of the sale shall be applied to the payment of the rate and other expenses incurred as a result of the Rate books. 74. A local council shall keep a Rate Book as provided for in Part II of the Fifth Schedule and the Rate Book shall be open for sale and the surplus if any shall be returned to the owner or person inspection during office hours. entitled to it. Occupied and 75. (1) Rates are payable whether the building is occupied or 79. (1) If the bailiff, acting under section 78 finds no moveable Levy on unoccupied occupiers’ buildings. unoccupied. property or if the amount realised from the sale is insufficient, the goods Chairperson shall issue another warrant requiring the bailiff to demand (2) Where it is shown to the satisfaction of the local council payment from the occupier of the building of the amount stated in the that an assessed building or a part of it has been demolished or warrant and in default of payment of the amount by the occupier removed during any financial year, the council shall, on the application within twenty days to levy the amount on the moveable property of of the person who has paid the amount of the rate payable in respect the occupier. of the building, order to be refunded to that person such proportion of the amount paid as the council may consider reasonable having (2) The warrant shall be in the Form 2 of the Fifth Schedule. regard to all circumstances; except that, in the case of a demolition or removal otherwise than by order of the council or a court, no refund shall be made unless the owner of the building has, within thirty days (3) An occupier may deduct any money paid by him under of the demolition or removal, given notice in writing to the council. subsection (1) from the amount of rent payable by him to the owner and if a levy is made on his moveable property, he may also deduct Minister to 76. The Minister may, after consulting the Minister responsible the amount of the levy from the rent. issue guidelines. for finance issue guidelines for the making and levying of rates. (4) Where there is an existing contract, whether verbal Rates to be a 77. The amount of approved rate together with any levy or or written, between the owner and occupier that the occupier shall charge on buildings. expenses (if any) shall, until paid be a charge on the building and the pay the approved rate and the owner pays all or any part of the rate, charge shall have priority over all other claims except claims by the owner may increase the rent by the amount of the rate paid by him Government. or if he thinks fit, to sue the occupier for the amount paid by him. Levy on 78. (1) If any owner liable to pay a rate or his agent refuses or owners’ goods neglects to pay such rate at the time and in the manner provided for 80. If the remedies provided in sections 78 and 79 have failed Proceedings for non- in case of payment of such payment the Chairperson shall issue a warrant to the bailiff of to realise the full amount of the approved rate together with any non-payment rates. the local council requiring him to levy the warrant on the moveable costs and if such amount remains unpaid six months after the date on of rates. property of the owner and sell such property by public auction to the which the default occurred, the local council shall apply to the court highest bidder within twenty days of levying the warrant. for the sale of the building. 40 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 41 PART IX–ACCOUNTS AND AUDIT (a) the amount of any expenditure disallowed on the person responsible for incurring or Accounts and 81. (1) Every local council shall keep proper books of authorising that expenditure; audit. accounts and proper records in relation to the accounts and shall, within the first quarter of the next financial year, prepare a statement (b) any sum which has not been duly brought of its final accounts in conformity with existing financial regulations. into account upon the person by whom the sum ought to have been brought into (2) The accounts and financial statements of a local account; or council shall be audited by the Auditor-General or an auditor appointed by him within six months after the close of the financial (c) the amount of any loss or deficiency upon year, and the council shall provide the auditors with all the necessary the local council, any member of the council and appropriate facilities for the examination of the accounts and or any person by whose negligence or statements of the council. misconduct the loss or deficiency has been incurred, and shall give notice to the person (3) The Auditor-General shall submit a report of the audit affected. to the local council concerned and the Minister. (2) In giving notice of any disallowance or surcharge under subsection (1), the Auditor-General shall state in writing the (4) The Auditor-General shall draw attention to any grounds upon which his decision is based. irregularities in the accounts in the report. (3) A person against whom a disallowance or surcharge (5) The accounts and the Auditor-General’s report was made by the Auditor-General may appeal to the High Court not thereon shall be public documents and shall be posted in a later than thirty days after the Auditor-General has given notice of conspicuous place in the locality for public scrutiny. the disallowance or surcharge. (6) The Chairperson shall lay the annual accounts (4)Any sum certified by the Auditor-General to be due from any together with the Auditor-General’s report thereon before the local person shall be paid by that person to the local council or other body council within thirty days of receipt of the report. concerned within thirty days after it has been so certified or, if an appeal with respect to that sum has been made under subsection (3), (7) The Chairperson shall submit a report to the Minister within thirty days after the appeal is finally disposed of or abandoned on actions taken by the local council on the report within sixty days or fails by reason of non-prosecution. of receipt of the report. (5) The local council shall ensure that all monies (8) The Minister shall lay the report of the Auditor- surcharged under subsection (1) are collected and paid into the General and a report of actions taken thereon if any, before Parliament. account of the local council. Auditor- 82. (1) In the performance of his functions under this Act, 83. (1) Any sum which is certified by the Auditor-General to Recovery of General may sums certified disallow or the Auditor-General shall have power to disallow any item of be due and which has become payable shall be recoverable as a civil due. surcharge. expenditure which is contrary to this Act and to surcharge– debt. 42 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 43 (2) In proceedings for the recovery of the sum, a (3) A development plan shall form the basis for the certificate signed by the Auditor-General shall be conclusive evidence preparation of the budget of a local council. of the facts certified; and a certificate signed by an officer of the local council concerned, whose duty it is to keep the accounts to the (4) A local council shall, before approving or reviewing a effect that the sum certified to be due has been paid, shall be development plan, consult residents of the locality, agencies of conclusive evidence of the facts in it. Government and non-governmental and international organisations that have interest in working in the locality. (3) Any person aggrieved by a decision of the Auditor- General may appeal to the High Court. (5) The Ministry responsible for development and economic planning shall issue guidelines for the preparation of (4) The High Court may, on an appeal, confirm, vary or development plans. quash the decision of the Auditor-General and remit the case to him 86. For the purposes of subsection (1) of section 85, a local Local with such directions as the Court thinks fit for giving effect to the council shall appoint a Local Technical Planning Committee which Technical Planning decision on appeal. shall consist of– committee. PART X–INTERNAL AUDIT (a) the Local Council Chief Administrator who shall chair the Committee; Internal audit. 84. (1) Every local council shall establish an Internal Audit Department. (b) Heads of relevant Departments of the local council; and (2) The Head of the Internal Audit Department shall, at intervals of three months, prepare a report on the internal audit work (c) any technical person co-opted by the Local carried out by the Department during the three months immediately Council Chief Administrator. preceding the preparation of the report, and submit it to the local council. 87. A local council shall review its development plan as and Review of development when necessary. plans. (3) The Head of the Internal Audit Department shall make in each report such observations as appear necessary as to the 88. A copy of the approved development plan shall be made Availability of conduct of the financial affairs of the local council during the period available at the office of the local council and in a conspicuous place development plans. to which the report relates. in every Ward, immediately after approval. (4) A copy of the report shall be sent to the Minister. 89. A development plan prepared and approved by a local Development council shall not be incompatible with any national development plans be not to plan adopted by the Government. incompatible PART XI–DEVELOPMENT PLANNING PART XII–BYE-LAWS Local 85. (1) A local council shall cause to be prepared a Councils to approve development plan which shall guide the development of the locality. 90. (1) A local council may make bye-laws not inconsistent Local development with the Constitution or this Act or any other enactment for the Councils to make bye- plans. (2) The draft of a development plan shall be made publicly purpose of any function conferred on it by or under this Act or any laws. available. other enactment. 44 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 45 (2) A local council may in its bye-laws– (a) inconsistent with the Constitution, this Act or any other enactment, he shall, within (a) specify as penalty a fine not exceeding ninety days of receipt of the bye-law return it Le500,000 or a term of imprisonment not with his comments to the local council for exceeding six months or both the fine and modification or other appropriate action; or imprisonment; (b) not inconsistent with the Constitution, this (b) in the case of a continuing offence specify a Act or other enactment, he shall certify further penalty not exceeding Le5,000 for each accordingly and return the bye-law to the day on which the offence is continued after local council to be signed by the Chairperson. written notice has been served on the offender; (4) A bye-law shall, after signature by the Chairperson be laid before Parliament in accordance with subsection (7) of section (c) provide for the payment of such fees or 170 of the Constitution and shall be published in the Gazette, in a charges as the council may think fit; and newspaper circulating in the locality, broadcast on a local radio and posted in all wards. (d) specify that the bye-laws shall apply throughout the locality or to an area of the 93. A copy of every bye-law made by a Local Council shall be Copy of bye- laws to be locality. deposited at the office of the local council and shall at all reasonable deposited at times be open to public inspection without the payment of any fees. local councils’ (3) Bye-laws made by a local council shall be read and offices. construed subject to the provisions of this Act and any other 94. (1) A local council may, where it considers that a local Local councils enactment. custom or tradition impedes or acts as an obstacle to the development to make bye- laws altering of the locality or obstructs the local council in the performance of its local customs. Uniform bye- 91. Where the Minister is of the opinion that uniform functions, consult the relevant traditional authority for the purpose laws. provisions may reasonably be made in respect of a matter for which of resolving the matter. bye-laws may be made under this Act, the Minister may, after consulting any local councils to be affected thereby, by statutory (2) Where the matter has been resolved to the satisfaction instrument make uniform bye-laws in respect of that matter. of the local council and the traditional authority, the council may, if it thinks necessary make bye-laws altering or modifying such local Validity of 92. (1) A bye-law passed by a local council shall be signed bye-laws. custom or tradition. by the Chairperson. (3) Where the matter is not resolved, the aggrieved party (2) A bye-law shall, before being signed by the may appeal to the Ministry. Chairperson, be forwarded to the Minister who shall request the Attorney General to advise him whether the bye-law is inconsistent PART XIII–WARD COMMITTEES with the Constitution, this Act or any other enactment. 95. (1) A local council shall establish a Ward Committee for Establishment (3) Where the Minister, on the advice of the Attorney of Ward each ward in the locality. Committees. General, is of the opinion that the bye-law is– 46 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 47 (2) A Ward Committee shall consist of– (3) The Chairman of a Ward Committee shall be responsible for presenting committee recommendations and (a) every Councillor elected from that ward; proposals to the local council. (b) the Paramount Chief of the Chiefdom, in the (4) Subject to this section, a Ward Committee shall case of localities with a system of regulate the procedure for its meetings. chieftaincy; and (5) All Ward Committee meetings shall be open to the (c) not more than ten other persons, at least five public. of whom shall be women, resident in that ward and elected by the ward residents in a PART XIV–RESPONSIBILITIES OF THE MINISTRY public meeting. 97. (1) The Ministry shall inspect and monitor the activities Ministry to (3) The ward residents shall be given seven days notice of every local council to ensure that it acts within the scope of this inspect and monitor local of such a public meeting. Act or any other relevant enactment. councils. (4) Ward Committee members shall not receive any (2) A local council shall provide the Ministry with such remuneration or allowances. documents as may be needed by the Ministry in the inspection and monitoring of the activities of the council. Functions of 96. (1) A Ward Committee shall– Ward Committees. (3) Subject to any other enactment, an authorised person (a) mobilise residents of the ward for the carrying out the inspection shall have powers– implementation of self-help and development projects; (a) to enter and inspect the premises or property of any Council as may be relevant to the (b) provide a focal point for the discussion of inspection; local problems and needs and take remedial action where necessary or make (b) to inspect books of accounts, records, stores, recommendations to the local council and any other documents and require any accordingly; person to produce any documents or item connected with the inspection and where (c) organise communal and voluntary work, necessary retain any document or item especially with respect to sanitation; connected with the case being investigated; (d) make proposals to the local council for the or levying and collection of rates for special (c) to look into any matter on his own initiative projects and programmes; and or upon complaint made to him by any (e) educate residents on their rights and member of the public, whether or not that obligations in relation to local government person has personally suffered any injustice and decentralisation. by reason of that matter. (2) One of the Councillors shall be elected to chair (4) If the Ministry finds that a local council is not meetings of a Ward Committee. performing adequately within its areas of responsibility, it shall decide– 48 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 49 (a) the reason for the default; (2) Where the Ministry is unable to resolve the problem, uncertainty or dispute to the satisfaction of the parties, it shall report (b) how the default can be rectified; the matter and make recommendation to the Inter-Ministerial Committee for its decision. (c ) the type of action or intervention that is needed; and 99. (1) The Ministry shall satisfy itself and certify that– Ministry to approve agreements. (d) on any support or capacity building that must (a) any proposed agreement by a Ministry or be given to the council to strengthen its management in order for the council to agency of Government to delegate a power exercise its functions and powers properly. or function to a local council; and (5) The Ministry may, for the purpose of rectifying the (b) any proposed agreement or arrangement default in writing direct or advice the local council to perform such of between a local council and a national or its functions in such manner and within such time as it may specify. international organization, (6) Where the local council does not have the capacity contains all the terms and conditions required by the Inter-Ministerial to rectify the default, the Ministry shall undertake the functions on Committee and shall approve such agreement or arrangement. the Council’s behalf and take immediate steps to develop the necessary capacity of the council and may for this purpose consult (2) The Ministry shall– any Government Ministry or Department. (7) Where a local council fails or refuses to rectify a default (a) in respect of paragraph (a) of subsection (1), within ninety days, the Minister may reduce or withhold any grants monitor the implementation of an approved or funds due to the local council until the Minister is satisfied that agreement to ensure that the agreed capacity the function or service will be provided adequately. and resources, including fees, are delivered or made; (8) The Minister shall communicate any action taken under subsection (1) and the reason for such action to the people in (b) report any shortcoming or deficiency by a the locality. Ministry, national or international Ministry to 98. (1) The Ministry shall mediate in any problem, organization to the Inter-Ministerial mediate. uncertainty or dispute that has not been resolved to the mutual Committee for appropriate action; satisfaction of– (c) mediate and resolve any dispute or (a) two or more local councils; disagreement between the Ministry, agency, (b) a local council and a Ministry or other agency organisation and the local council; and of Government including a matter relating to the delegation of powers or functions or; (d) recommend to the Inter-Ministerial Committee, any appropriate changes to the (c ) a local council and a national organisation. agreement. 50 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 51 President to 100. (1) The President may, with the approval of two-thirds of 101. (1) There is established for each Province of Sierra Leone Establishment take over of Provincial administration all the members of Parliament, assume the powers of a any local a Provincial Coordinating Committee. Coordinating of local council– Committees. councils. (2) A Provincial Coordinating Committee shall consist (a) where the local council so requests and if it of– is in the public interest to do so; (a) the Resident Minister who shall chair the (b) where a state of emergency has been declared meetings of the Committee; in that locality; or (b) the Provincial Secretary who shall be the (c ) where it has become extremely difficult or Secretary; impossible for a local council to function. (c) the Chairperson of each local council in the (d) where the council persistently acts beyond Province; and its powers. (d) the Local Council Chief Administrator of each (2) The exercise by the President of the power conferred local council in the Province, but without under subsection (1) may be done through a person or body of the right to vote. persons as the President may appoint. (3) In the absence of a Resident Minister, the Provincial (3) Unless approved by Parliament for a longer term, the Secretary shall chair meetings of the Provincial Coordinating exercise of the power conferred by this section shall be for a period Committee and the members shall appoint one of their number to act not exceeding ninety days. as secretary. (4) Upon the expiry of the period under subsection (3), 102. (1) A Provincial Coordinating Committee shall– Functions and the President shall hand back the administration of the locality to the meetings of Provincial incumbent local council; or if Parliament decides that the prevailing (a) coordinate the activities of the local councils Coordinating circumstances still make it impossible for the incumbent local council in the Province; Committees. to assume the administration of the locality then- (b) ensure that local councils collaborate for the (a) where the unexpired term of the council is effective execution of development longer than twelve months the President shall programmes in which the councils are jointly cause elections to be held for a new local interested; council within sixty days; or (c) review and coordinate the provision of public (b ) where the unexpired term of the local council services in the Province; and is less than twelve months, the President shall continue to administer the locality until the (d) perform other functions as may be assigned next elections are held. by the Minister. 52 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 53 (2) A Provincial Coordinating Committee shall meet at (a) who falsifies revenue receipts; least once every three months at such place as the Resident Minister or Provincial Secretary, as the case may be, shall determine. (b) uses false or duplicate receipts; (3) Subject to this Part, a Provincial Coordinating (c) falsifies or misrepresents the recorded values Committee shall regulate the procedure for its meetings. and amounts of revenues; or PART XV–TRANSPARENCY, ACCOUNTABILITY AND (d) takes any deliberate action which PARTICIPATION results in the incorrect collection or recording Anti- of revenues, Corruption 103. Every Councillor, appointed or assigned member of staff Act to apply. Act No. of a local council shall be subject to the Anti-Corruption 1 of commits an offence, and is liable on conviction to a fine not exceeding Act, 2001. 2001. Le10,000,000 or to a term of imprisonment not exceeding three years Declaration 104. (1) Every Councillor, appointed or assigned member of or to both the fine and imprisonment. of assets. staff of each local council shall, not later than thirty days after assuming or leaving office make a declaration of assets in such form (3) The court may, in addition to any penalty imposed as the Anti-Corruption Commission may determine. under subsection (2) order the dismissal of any person convicted under that subsection. (2) The original and other copies of the declaration shall– 107. (1) Local councils shall post on a notice board in a Reports etc. (a) in the case of Councillors be submitted to conspicuous place on the premises of the council and on a notice to be posted on notice the Ministry and the Anti-Corruption board in each Ward for at least twenty-one days– boards. Commission respectively; (a) monthly statements of financial accounts; (b) in the case of appointed staff be submitted to the Commission and the Anti-Corruption (b) annual income and expenditure statements; Commission respectively; and (c) in the case of assigned staff be submitted to (c) inventories of assets of the local ouncils; the Public Service Commission and the Anti- Corruption Commission respectively. (d) bye-laws and notices relating to tax rates and fees; Local councils 105. Every local council shall take and cause to be maintained a to take inventories. comprehensive inventory of the assets of the council on an annual (e) minutes of council meetings; and basis, and shall submit it to the Ministry. (f) development plans. Security printing of 106. (1) All revenues of local councils shall be documented in revenue receipts on special numbered forms made by the Government Printer. (2) Copies of the reports, notices and statements shall be receipts. made available on request and on payment of a fee to be fixed by the (2) Any member of the staff of a local council– local council. 54 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 55 Ministry to 108. The Ministry shall promote participatory processes in local (b) oversee the further development and promote participatory councils and encourage citizen’s inclusion and involvement in implementation of local government and processes in governance. decentralization; governance. PART XVI–INTER-MINISTERIAL COMMITTEE ON (c) protect and promote local democracy and DECENTRALIZATION participatory government; and Estabishment 109. (1) There is hereby established the Inter-Ministerial of Inter- (d) arbitrate disputes between Ministries, Ministerial Committee on Local Government and Decentralization . Committee departments and agencies of Government, on Decentra- (2) The Inter-Ministerial Committee shall consist of– provincial administrations and local councils. lization. (a) the Vice President who shall be the chairman; (2) The Inter-Ministerial Committee may appoint sub- committees to assist it in performing its functions. (b) the Minister responsible for local government; (3) The Inter-Ministerial Committee shall regulate the (c) the Minister responsible for finance; procedure for its meetings and may require any Minister or public officer to attend its meetings or to provide information required by it (d) the Minister responsible for development or assist it in performing its functions. and economic planning; (e) the Minister responsible for education; 111. The Ministry shall provide the secretariat for the Inter- Secretariat of Inter- Ministerial Committee and the Permanent Secretary of the Ministry Ministerial (f) the Minister responsible for health and shall act as Secretary to the Committee. Committee. sanitation; (g) the Attorney-General; PART XVII–MISCELLANEOUS (h) the Minister responsible for agriculture; 112. (1) A local council may be represented in any legal Appearance of local (i) the Minister responsible for works; and proceedings by an officer of the council authorised in respect of any councils in particular proceedings by resolution of the council, and the officer legal (j) four chairpersons of local councils , elected proceedings. so authorised shall be at liberty to institute and carry on any from among their number, to represent the proceedings which the council is authorised to institute and carry on interests of all local councils. under this or any other enactment, subject to any directions which Functions of 110. (1) The Inter-Ministerial Committee shall– may be given to him by the council. Inter- Ministerial Committee. (a) oversee the proper implementation of this (2) Service on the local council of all legal processes and Act; notices shall be effected by service on the Chairperson. 56 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 57 Form of title 113. The title to all lands acquired or leased by a local council (3) In proving service by post, it shall be sufficient to deeds. shall be taken in the corporate name of the council, and all deeds and prove that the notice, order or other document was properly addressed contracts requiring to be executed by the council shall be executed in and posted. the corporate name of the council and shall be signed and sealed with the common seal by the Chairperson and shall also be signed by 118. Any person who wilfully destroys, mutilates, effaces or Hindering the Secretary to the council. removes any notice, list, register or other document affixed to any publication notices etc. of premises under this Act, during the period for which it is r e q u i r e d Documents to 114. All documents executed in accordance with this Act and to remain so affixed, commits an offence. be prima facie evidence. all other documents purporting to be written or issued by or under 119. A document required by this Act to be open to inspection Inspection of the directions of a local council and purporting to be signed by the shall be so open during the ordinary office hours of the council, and documents. Chairperson or other authorised officer of the council, shall be without payment. received as prima facie evidence in all courts and shall be deemed to be executed, issued or written by or under the direction of the council 120. Any person who, having the custody of any register or Obstruction without proof, unless the contrary is alleged. document mentioned in this Act– of inspection. Description 115. Whenever in any criminal process or proceeding it may be (a) obstructs any person authorised to inspect of properties necessary to refer to the ownership or description of property of local such register or document in making such councils. belonging to or under the management of a local council, such inspection; or property may be described as the property of the council. (b) refuses to give copies or extracts to any Publication of 116. Except otherwise expressly provided, the publication of person entitled to it, notices. any notice or other document required by this Act to be published shall be deemed to be duly made if it is fixed in some conspicuous commits an offence. place on or near the outer door of the office of the Local Council 121. (1) Where the occupier of any premises prevents the Obstruction Chief Administrator during office hours, and also in some other owner from obeying or carrying into effect any provision of this of execution conspicuous place or situation in the locality. of Act. Act, and is required by notice in writing to permit the execution of any works required to be executed for the purpose of obeying or Service of 117. (1) Notices, orders and any other documents required or notices. carrying into effect the provisions of this Act, then, if, within twenty- authorised to be served under this Act may be served by delivering four hours after service of the written notice the occupier fails to it to or at the residence of the person to whom they are respectively comply with it, he commits an offence and is liable on conviction, to addressed or, where addressed to the owner or occupier of any a fine not exceeding Le300,000 for every day during the continuance premises, by delivering it, or a certified true copy thereof, to some of such non-compliance. person on the premises or, if there is no person on the premises who can be served, by fixing it on some conspicuous part of the premises. (2) If the occupier of any premises when requested by or on behalf of the local council to state the name and address of the (2) Notices, orders and other documents may also be owner of the premises occupied by him, refuses or wilfully omits to served by post by a prepaid registered letter and, if so served, they disclose or wilfully misstates such name and address, he commits an shall be deemed to have been served at the time of posting. offence. 58 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 59 Entry on 122. The officers of a local council and such other persons as PART XVIII–TRANSITIONAL PROVISIONS premises for purposes of shall be duly authorised by the council shall have power to enter or Act. examine any lands or premises within the locality for any of the 125. (1) A Chairperson shall be elected by a simple majority of First election purposes of this Act, and the owner or occupier of such lands or of all councillors from among the elected councillors. chairpersons. premises who refuses, after written notice, to permit such lands or premises to be entered upon or examined for such purposes commits (2) Subsection (1) shall apply only to the first election an offence. conducted after the coming into force of this Act. Protection of 123. No matter or thing done and no contract entered into by a 126. The Minister shall, within six months after the coming into Devolution of Councillors and officers local council, and no matter or thing done by a member or officer force of this Act by statutory instrument make regulations specifying functions from personal thereof or other person acting under its authorisation if the matter or liability. the first functions that are to be devolved to Local Councils and the thing were done or contract were entered into bona fide for the purpose program of devolution thereafter. of executing this Act, shall subject any such member or officer thereof or any such person acting under its authorisation personally to any action, liability, claim or demand whatsoever. 127. (1) The Establishment Secretary shall, for the first year of Assignment of staff. the transition period assign to local councils such pubic officers as General 124. (1) Any person who commits an offence under this Act he thinks fit and for not more than one year, to– penalty. for which no penalty is provided shall, on conviction be liable to a fine not exceeding Le1,000,000 or to a term of imprisonment not (a) perform the functions of Local Council Chief exceeding twelve months or to both the fine and imprisonment. Administrators; (2) Where an offence under this Act is committed by a (b) assist the local councils to perform their body of persons then – functions. (a) where the body of persons is a body (2) Subsection (2) of section 34 shall apply to public corporate other than a partnership, every officers assigned to local councils under this section. member of the governing body of that body corporate and every director, manager or PART XIX–REGULATIONS similar officer of that body shall also be guilty of the offence; and 128. The Minister may, by statutory instrument make such regulations as he may consider necessary for the purpose of carrying (b) where the body of persons is a partnership, into effect the provisions of this Act. every partner shall also be guilty of the offence. PART XX–REPEALS (3) No person shall be guilty of an offence by virtue of subsection (1) if he proves that the act in respect of which he is 129. (1) The following enactments are hereby repealed– Repeals. charged was committed by some other person without his consent or connivance and that he exercised all due diligence to prevent the Cap. 63. Parts III and IV of the Local Tax Act. commission of the offence, as he ought to have exercised having regard to all the circumstances. Cap. 75. The Rural Areas Act. 60 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 61 Cap. 76. The Sherbro Urban District Council Act. FIRST SCHEDULE (Section 2) Cap. 79. The District Councils Act. LOCAL COUNCILS Cap. 80. The Bo Town Council Act. PART I Cap. 295. The Townships Act. There shall be the following localities:– Act. No. 8 City Council of Freetown (Validation and Confirmation of 1960. of Acts) Act, 1960. A. Districts Act No. 29 Local Authorities (Audit) Act, 1964. of 1964. Bo District Act No. 50 Local Authorities (Miscellaneous Provisions) Act, Bombali District of 1965. 1965. Bonthe District Act No. 4 of 1966. Kailahun District Local Authorities (Warrants for Rates) Act, 1966. Kambia District Act No. 20 of 1973. Kenema District Freetown Municipality Act, 1973. Koinadugu District (2) Notwithstanding the repeal of the enactments in Kono District subsection (1), any bye-laws made under the repealed enactments Moyamba District and in force on the commencement of this Act shall, until revoked, Port Loko District remain in force in the relevant locality. Pujehun District Tonkolili District (3) Any arrangement or agreement made by a Committee Western Area Rural District of Management in the name of any of the local authorities in subsection (1) before the first election of a local council under this Act does not, subject to subsection (4), apply to a local council B. Towns established under this Act. Bo Town (4) A Local Council shall not adopt or implement any Bonthe Town arrangement or agreement unless the Inter-Ministerial Committee Kenema Town certifies generally or specifically that the arrangement or agreement is consistent with this Act. Koidu/New Sembehun Town Makeni Town (5) Any Committee of Management established under the repealed enactments shall cease to have administrative, executive C. Cities or legislative authority over its administrative area, on the day of the assumption of office by Councillors. Freetown City 62 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 63 PART II THIRD SCHEDULE (Section 20) FUNCTIONS DEVOLVED TO LOCAL COUNCILS The number of Paramount Chiefs in each local council shall be– Ministry of Agriculture Bo District Council ... ... ... ... Three Crops Division Bombali District Council ... ... ... Two Tree and Cash crop nurseries Plantation development and maintenance Bonthe District Council ... ... ... Two Seed production/multiplication Kailahun District Council ... ... ... Three Produce inspection, grading and licensing Kambia District Council ... ... ... Two Extension Services Kenema District Council ... ... ... Three Input delivery services Koinadugu District Council ... ... ... Two Forestry Division Kono District Council ... ... ... Three Sensitisation campaigns on forest conservation Moyamba District Council ... ... ... Three Fire prevention and control Port Loko District Council ... ... ... Two Village forest nurseries Pujehun District Council ... ... ... Two Community forest woodlots Tonkolili District Council ... ... ... Two National production forests Western Rural District Council ... ... None National production forests catchments Central nurseries Bo Town Council ... ... ... ... One Livestock Services Bonthe Town Council ... ... None Animal health Kenema Town Council ... ... ... One Animal production Cattle settlement schemes Koidu/New Sembehun Town Council ... Two Settlement of crop/livestock disputes Makeni Town Council ... ... ... One Administration of livestock markets Ministry of Development and Economic Planning Freetown City Council ... ... ... None Local level planning District Recovery Committees to provide short term support to Councils

SECOND SCHEDULE (Section 8) Ministry of Education District Education Schools OATH OF COUNCILLORS Primary to mid-Secondary schools – JSS 111 School Supervisors “I...................................................................................do hereby in the name of Ministry of Energy and Power (God/Allah) (swear/solemnly affirm) that I will bear true faith and allegiance to the SALWACO – Water supply: Rural water supply to be run at cost not for profit Republic of Sierra Leone and the................................................................Local Council Community ownership of wells Bulk supply of water except where this function is to be privatised to the District as by law established , and that I will faithfully and conscientiously discharge my and Town Councils duties as a Councillor. So help me (God/Allah)” Sanitation 64 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 65 Ministry of Fisheries and Marine Resources Child welfare Licensing of small canoes and attendant fishing gear Community Based Organisations Establishment and management of fishponds and inland lakes Gender issues Ministry of Health Ministry of Works, Housing, and Technical Maintenance Registration of Births and Death Maintenance of Council buildings/premises Public Health information and education Primary Health care Ministry of Mineral Resources Secondary Health care Maintenance of non-technical equipment Establishment and management of Community Development Funds Facilities management Coordination of mining licences Procurement of equipment and medicines Rehabilitation of mined-out areas Ministry of Information and Broadcasting Ministry of Tourism and Culture Information Services Purchase of gazettes and receipts Local museums Cultural villages Ministry of Internal Affairs Freetown Central Library Sensitisation and education on fire prevention Basic non-technical fire-fighting Ministry of Youth and Sports Drug control and prevention programme Youth affairs Ministry of Lands, Country Planning and the Environment Local sports Land Surveying Land Registration and Control of illegal sale of land Registrar-General’s Department Leasing Government land Celebration and registration of civil marriages Strategic local plans Administration of Estates and Gratuities Issuance of building permits Sand dues Sierra Leone Roads Authority Preparation of land use plans Maintenance of primary feeder roads Education and sensitisation on environmental issues Maintenance of chiefdom roads/tracks Ministry of Labour and Social Services Manpower planning Enterprise development FOURTH SCHEDULE (Section 43) Trust Fund based safety net scheme DEPARTMENTS UNDER LOCAL COUNCILS Ministry of Local Government and Community Development Community Development Each council shall have the following Departments– Ministry of Social Welfare, Gender and Children’s Affairs 1. Administration 2. Planning and Development Family case work 3. Finance Probation 4. Internal Audit Disability issues 66 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 67

FIFTH SCHEDULE (Sections 72, 74, 78, 79) PART II PART I RATE BOOKS VALUATION LIST An assessment for the Rate of Council made by the Council this ……… day ……of……………at the rate of ………Leones. Name of No. of Description Name of Name of Annual Remarks Street house of premises Owner Occupier rateable Arrears Name of Name of Description Name or Estimated Annual Rate or plot value due or in Occupier Owner of property situation extent Value Leone of land if excused rated of property rated 1. 2. 3. 4. 5. 6. 7. 8. 68 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 69 FORM 1 Schedule WARRANT TO LEVY PROPERTY RATE ON GOODS OF DEFAULTING Name(s) of defaulter(s) Amount due OWNERS FORM 1 FORM 2 WARRANT TO LEVY PROPERTY RATE ON GOODS OF DEFAULTING WARRANT TO LEVY PROPERTY RATE ON GOODS OF OCCUPIERS OWNERS ..................................COUNCIL ..................................COUNCIL ...................DISTRICT/TOWN ...................DISTRICT/TOWN .......................................WARD .......................................WARD To: The Bailiff of the Council To: The Bailiff of the Council WHEREAS the owner(s) of a building(s) in ………………..ward was (were) assessed to pay the approved property rate and the owner(s) refused or neglected to pay it; WHEREAS the person(s) named in the Schedule to this warrant was (were) assessed to pay the respective amounts opposite his (their) name(s) in AND WHEREAS a warrant was issued to the ……………….bailiff to levy on …………..............................................................................................................……...ward: the goods of the owner(s) and he did not find any goods or the value of the goods was insufficient to satisfy the warrant; AND WHEREAS the person(s) has (have) refused or neglected to pay the amount. AND WHEREAS the person(s) named in the Schedule to this warrant are the occupiers of the building(s); NOW this warrant is to require you to levy the amounts of the property rate on the goods belonging to the person(s) named in the Schedule and if the amount NOW this warrant is to require you: is not paid within twenty days thereafter, to sell the goods levied or so much of the (a) to demand from the occupier(s) payment of the amount set opposite his goods as shall be sufficient to satisfy the amount and after that return this warrant (their) name(s) in the Schedule; and certifying what you have done under it. (b) to levy the amount on the goods of the occupier(s) and if the amount is Dated this day of 20…. not paid within twenty days thereafter, to sell the goods or so much of the goods as shall be sufficient to satisfy the amount and after that return this warrant certifying what you have done under it. Dated this day of 20…. Chairperson Chairperson Council 70 No. 1 Local Government Act 2004 No. 1 Local Government Act 2004 Council Schedule Name(s) of occupier (s) Amount due Passed in Parliament this 29th day of January, in the year of our Lord two thousand and four. J. A. CARPENTER, 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. J. A. CARPENTER, Clerk of Parliament.