The Constitution of Sierra Leone - 1991.pdf

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The Laws of Sierra Leone on the Sierra Leone Web
The Constitution of Sierra Leone, 1991
THE CONSTITUTION OF SIERRA LEONE, 1991
(Act No. 6 of 1991)
ARRANGEMENT OF SECTIONS
C
HAPTER
I — THE REPUBLIC OF SIERRA LEONE
1.
2.
3.
Declaration of Republic
Public Seal
The National Flag and National Anthem
C
HAPTER
II — FUNDAMENTAL PRINCIPLES OF STATE POLICY
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Fundamental Obligations of Government
Government and the People
Political Objectives
Economic Objectives
Social Objectives
Educational Objectives
Foreign Policy Objectives
Obligations of the Mass Media
Enhancement of National Culture
Duties of the Citizen
Fundamental Principles not Justiciable
C
HAPTER
III — THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS
AND FREEDOMS OF THE INDIVIDUAL
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Fundamental Human Rights and Freedoms of the Individual
Protection of Right to Life
Protection From Arbitrary Arrest or Detention
Protection of Freedom of Movement
Protection From Slavery and Forced Labour
Protection From Inhuman Treatment
Protection From Deprivation of Property
Protection for Privacy of Home and Other Property
Provision to Secure Protection of Law
Protection of Freedom of Conscience
Protection of Freedom of Expression and the Press
Protection of Freedom of Assembly and Association
Protection From Discrimination
Enforcement of Protective Provisions
Public Emergency
Interpretation of Chapter III
C
HAPTER
IV — THE REPRESENTATION OF THE PEOPLE
31. Registration of Voters
32. Electoral Commission
The Laws of Sierra Leone on the Sierra Leone Web
The Constitution of Sierra Leone, 1991
33.
34.
35.
36.
37.
38.
39.
Functions of the Electoral Commission
Political Parties Registration Commission
Registration and Conduct of Political Parties
Secret Ballot
Referendum
Constituencies and Elections
Filling of Vacancies
C
HAPTER
V — THE EXECUTIVE
P
ART
I — THE PRESIDENT
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
Office of the President
Qualifications for Office of President
Election of President
Period During Which Presidential Elections Shall Take Place
Parliament to Make Laws for Election of President
Presidential Returning Officer
Tenure of Office of President, etc.
President in Parliament
Incidents of Office, etc.
Vacancy in Office of President
Mental or Physical Incapacity
Misconduct by President
Temporary Filling of Vacancy
P
ART
II — EXECUTIVE POWERS
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
Exercise of Executive Authority in Sierra Leone
Vice-President
Vacancy in Office of Vice President
Ministers and Deputy Ministers of Government
Oaths to be Taken by Ministers, etc.
Ministerial Vacancies
Establishment of Cabinet
Collective Responsibility
Constitution of Offices
Administration of Ministries
Prerogative of Mercy
Establishment of the Office of Attorney-General and Minister of Justice
Solicitor-General
Director of Public Prosecutions
Secretary to the President
Secretary to the Cabinet
Secretary to the Vice-President
Power of Appointment Vested in the President
Other Statutory Appointments
Office of Paramount Chief
C
HAPTER
VI — THE LEGISLATURE
P
ART
I — COMPOSITION OF PARLIAMENT
2
The Laws of Sierra Leone on the Sierra Leone Web
The Constitution of Sierra Leone, 1991
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
Establishment of Parliament
Members of Parliament
Qualifications for Members of Parliament
Disqualifications for Members of Parliament
Tenure of Seats of Members of Parliament
Determination of Question as to Membership of Parliament
The Speaker
Deputy Speaker
Election of Speaker and Deputy Speaker
Clerk of Parliament
Oath to be Taken by Members of Parliament
P
ART
II — SUMMONING, PROROGATION AND DISSOLUTION
84.
85.
86.
87.
Sessions of Parliament
Life of Parliament
Sittings of Parliament
General Election
P
ART
III — PROCEDURE IN PARLIAMENT
88.
89.
90.
91.
92.
93.
94.
95.
96.
Presiding in Parliament
Quorum in Parliament
Use of English in Parliament
Voting in Parliament
Unqualified Persons Sitting and Voting
Committees in Parliament
Regulation of Procedures in Parliament
Contempt of Parliament
Criminal Proceedings
P
ART
IV — RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES
97. Responsibilities of Members of Parliament
98. Freedom of Speech and Debate
99. Parliamentary Privileges
100. Immunity From Service of Process and Arrest
101. Immunity From Witness Summons
102. Immunity From Serving as Juryman
103. Immunity for Publication of Proceedings
104. Privileges of Witness
P
ART
V — EXERCISE OF LEGISLATIVE POWER
105. Power to Make Laws
106. Mode of Exercising Legislative Power
107. Minister May Introduce Bill and be Summoned to Parliament
108. Alteration of Constitution
109. Residual Authority of Parliament
P
ART
VI — FINANCE
3
The Laws of Sierra Leone on the Sierra Leone Web
The Constitution of Sierra Leone, 1991
110. Authorisation for Imposition of Taxation
111. Consolidated Fund
112. Authorisation of Expenditure from Consolidated Fund
113. Authorisation of Expenditure in Advance of Appropriation
114. Withdrawals of Moneys for General Revenues
115. Remuneration of the President and Certain Other Officers
116. Contingencies Fund
117. Public Debt
118. Loans
119. Establishment of the Office of Auditor-General
C
HAPTER
VII — THE JUDICIARY
P
ART
I — THE SUPERIOR COURT OF JUDICATURE
120. Establishment of the Judiciary
P
ART
II — THE SUPREME COURT
121. Composition of the Supreme Court
122. Jurisdiction of the Supreme Court
123. Appeals to the Supreme Court
124. Interpretation of the Constitution
125. Supervisory Jurisdiction
126. Power of Justices of the Supreme Court in Interlocutory Matters
127. Enforcement of the Constitution
P
ART
III — THE COURT OF APPEAL
128. Composition of the Court of Appeal
129. Jurisdiction of the Court of Appeal
130. Power of Single Justice of Appeal
P
ART
IV — THE HIGH COURT
131. Composition of the High Court
132. Jurisdiction of the High Court
133. Claims Against the Government
134. Supervisory Jurisdiction of the High Court
P
ART
V — APPOINTMENT OF JUDGES, ETC.
135. Appointment of Judges, etc.
136. Judicial Vacancies
137. Tenure of Office of Judges, etc.
138. Remuneration of Judges, etc.
139. Oath of Office of Judges
P
ART
VI — JUDICIAL AND LEGAL SERVICE COMMISSION
140. Establishment of the Judicial and Legal Service Commission
141. Appointment of Judicial and Legal Service Officers, etc.
4
The Laws of Sierra Leone on the Sierra Leone Web
The Constitution of Sierra Leone, 1991
142. Appointment of Court Officers
143. Fees of Court, etc.
144. Official Document
145. Rules of Court Committee
C
HAPTER
VIII — OMBUDSMAN
146. Parliament to Establish Office of Ombudsman
C
HAPTER
IX — COMMISSIONS OF INQUIRY
147. Appointment of Commissions of Inquiry
148. Powers, Rights and Privileges of Commissions of Inquiry
149. Report of Inquiry
150. Rules Regulating Commissions of Inquiry
C
HAPTER
X — THE PUBLIC SERVICE
151. Establishment of the Public Service Commission
152. Appointments, etc. of Public Officers
153. Appointment of the Principal Representatives of Sierra Leone
154. Appointment of Permanent Secretaries and Certain Other Officers
P
ART
II — THE POLICE FORCE
155. Establishment of the Sierra Leone Police Force
156. Establishment of Police Council
157. Appointments in the Police Force
158. Functions of the Police Council
P
ART
III — RESIGNATIONS, RE-APPOINTMENTS AND PROTECTION OF PENSION RIGHTS OF
PUBLIC OFFICERS HOLDING ESTABLISHED OFFICES
159. Resignation and Effect of New Appointment of a Person Holding Established Office
160. Re-appointment, etc.
161. Protection of Pension Rights
P
ART
IV — POWER AND PROCEDURES OF COMMISSIONS AND COUNCILS, AND LEGAL
PROCEEDINGS
162. Power of Commissions in Relation to the Grant of Pensions
163. Power and Procedure of Commissions
164. Protection of Commissions From Legal Proceedings
C
HAPTER
XI — THE ARMED FORCES
165. Establishment of the Armed Forces
166. Prohibition of Private Armed Forces
167. Establishment of Defence Council
168. Appointments in the Armed Forces
169. Functions of the Defence Council
5

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