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CHAPTER VI — THE LEGISLATURE
PART I — COMPOSITION OF PARLIAMENT
| Establishment
of Parliament. |
73. (1) There shall be a legislature
of Sierra Leone which shall be known as Parliament, and shall consist
of the President, the Speaker and Members of Parliament.
(2) Subject to the provisions of this Constitution, the legislative
power of Sierra Leone is vested in Parliament.
(3) Parliament may make laws for the peace, security, order and
good government of Sierra Leone.
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| Members of Parliament. |
74. (1) Members of Parliament
shall comprise the following—
- one Member of Parliament for each District who shall, subject
to the provisions of this Constitution, be elected in such manner
as may be prescribed by or under any law from among the persons
who, under any law, are for the time being Paramount Chiefs; and
- such number of Members as Parliament may prescribe who, subject
to the provisions of this Constitution, shall be elected in such
manner as may be prescribed by or under any law.
(2) The number of Members of Parliament to be elected pursuant
to paragraphs (a) and (b) of subsection (1) shall not together be
less than sixty.
(3) In any election of Members of Parliament the votes of the electors
shall be given by ballot in such manner as not to disclose how any
particular elector votes.
(4) Members of Parliament shall be entitled to such salaries, allowances,
gratuities, pensions and such other benefits as may be prescribed
by Parliament.
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| Qualifications
for membership in Parliament. |
75. Subject to the provisions
of section 76, any person who—
- is a citizen of Sierra Leone (otherwise than by naturalization);
and
- has attained the age of twenty-one years; and
- is an elector whose name is on a register of electors under
the Franchise and Electoral Registration Act, 1961, or under any
Act of Parliament amending or replacing that Act; and
- is able to speak and to read the English Language with a degree
of proficiency sufficient to enable him to take an active part
in the proceedings of Parliament,
shall be qualified for election as such a Member of Parliament:
Provided that a person who becomes a citizen of Sierra Leone by
registration by law shall not be qualified for election as such
a Member of Parliament or of any Local Authority unless he shall
have resided continuously in Sierra Leone for twenty-five years
after such registration or shall have served in the Civil or Regular
Armed Services of Sierra Leone for a continuous period of twenty-five
years.
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Disqualifica-
tions for membership of Parliament. |
76. (1) No person shall be
qualified for election as a Member of Parliament—
- if he is a naturalised citizen of Sierra Leone or is a citizen
of a country other than Sierra Leone having become such a citizen
voluntarily or is under a declaration of allegiance to such a
country; or
- if he is a member of any Commission established under this Constitution,
or a member of the Armed Forces of the Republic, or a public officer,
or an employee of a Public Corporation established by an Act of
Parliament, or has been such a member, officer or employee within
twelve months prior to the date on which he seeks to be elected
to Parliament; or
- if under any law in force in Sierra Leone he is adjudged to
be a lunatic or otherwise declared to be of unsound mind; or
- if he has been convicted and sentenced for an offence which
involves fraud or dishonesty; or
- if he is under a sentence of death imposed on him by any court;
or
- if in the case of the election of such member as is referred
to in paragraph (b) of subsection (1) of section 74, he is for
the time being a Paramount Chief under any law; or
- if being a person possessed of professional qualifications,
he is disqualified (otherwise than at his own request) from practising
his profession in Sierra Leone by order of any competent authority
made in respect of him personally within the immediately preceding
five years of an election held in pursuance of section 87; or
- if he is for the time being the President, the Vice-President,
a Minister or a Deputy Minister under the provisions of this Constitution.
(2) A person shall not be qualified for election to Parliament
if he is convicted by any court of any offence connected with the
election of Members of Parliament:
Provided that in any such case the period of disqualification shall
not exceed a period of five years from the date of the general election
following the one for which he was disqualified.
(3) Any person who is the holder of any office the functions of
which involve responsibility for, or in connection with, the conduct
of any election to Parliament or the compilation of any register
of voters for the purposes of such an election shall not be qualified
for election to Parliament.
(4) A person shall not be disqualified for election as a Member
of Parliament under paragraph (b) of subsection (1) by reason only
that he holds the office of member of a Chiefdom Council, member
of a Local Court or member of any body corporate established by
or under any of the following laws, that is to say, the Freetown
Municipality Act, the Chiefdom Councils Act, the Rural Area Act,
the District Councils Act, the Sherbro Urban District Council Act,
the Bo Town Council Act, and the Townships Act or any law amending
or replacing any of those laws.
(5) Save as otherwise provided by Parliament, a person shall not
be disqualified from being a Member of Parliament by reason only
that he holds office as a member of a Statutory Corporation.
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| Tenure of Members
of Parliament. |
77. A Member of Parliament
shall vacate his seat in Parliament—
- on the dissolution of Parliament next following his election;
or
- if he is elected Speaker of Parliament; or
- if any other circumstances arise that if he were not a Member
of Parliament would cause him to be disqualified for election
as such under section 76; or
- if he ceases to be a citizen of Sierra Leone; or
- if he is absent from sittings of Parliament for such period
and in such circumstances as may be prescribed in the rules of
procedure of Parliament; or
- if in the case of such a Member as is referred to in paragraph
(b) of subsection (1) of section 74, he becomes a Paramount Chief
under any law; or
- if he ceases to be qualified under any law to be registered
as an elector for election of Members to Parliament; or
- if he is adjudged to be a lunatic or declared to be of unsound
mind or sentenced to death; or
- if he is adjudged or otherwise declared a bankrupt under any
law and has not been discharged; or
- if he resigns from office as a Member of Parliament by writing
under his hand addressed to the Speaker, or if the Office of Speaker
is vacant or the Speaker is absent from Sierra Leone, to the Deputy
Speaker; or
- if he ceases to be a member of the political party of which
he was a member at the time of his election to Parliament and
he so informs the Speaker, or the Speaker is so informed by the
Leader of that political party; or
- if by his conduct in Parliament by sitting and voting with members
of a different party, the Speaker is satisfied after consultation
with the Leader of that Member's party that the Member is no longer
a member of the political party under whose symbol he was elected
to Parliament; or
- if, being elected to Parliament as an independent candidate,
he joins a political party in Parliament; or
- if he accepts office as Ambassador or High Commissioner for
Sierra Leone or any position with an International or Regional
Organization.
(2) Any member of Parliament who has been adjudged to be a lunatic,
declared to be of unsound mind, or sentenced to death or imprisonment,
may appeal against the decision in accordance with any law provided
that the decision shall not have effect until the matter has been
finally determined.
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| Determination
of question as to membership of Parliament. |
78. (1) The High Court shall
have jurisdiction to hear and determine any question whether—
- any person has been validly elected as a Member of Parliament;
and
- the seat of a Member of Parliament has become vacant.
(2) The High Court to which any question is brought under subsection
(1) shall determine the said question and give judgement thereon
within four months after the commencement of the proceedings before
that Court.
(3) An appeal shall lie to the Court of Appeal from the decision
of the High Court on any matter determined pursuant to subsection
(1), save that no appeal shall lie in respect of any interlocutory
decisions of the High Court in such proceedings.
(4) The Court of Appeal before which an appeal is brought pursuant
to subsection (3) shall determine the appeal and give judgement
thereon within four months after the appeal was filed.
(5) The decision of the Court of Appeal on any matter pursuant
to subsection (3) shall be final and not be inquired into by any
Court.
(6) For the purpose of this section Parliament may make provision,
or may authorise the making of provisions with respect to the practice
and procedure of the High Court or the Court of Appeal, and may
confer upon such Courts such powers or may authorise the conferment
thereon of such powers as may appear to be necessary or desirable
for the purpose of enabling the said Courts effectively to exercise
the jurisdiction conferred upon them by this section or by any law
relating to the hearing of appeals from the High Court.
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| The Speaker. |
79. (1) The Speaker of Parliament
shall be elected by the Members of Parliament from among persons who
are Members of Parliament or are qualified to be elected as such and
who are qualified to be appointed Judges of the Superior Court of
Judicature or have held such office:
Provided that a person shall be eligible for election as a Speaker
of Parliament notwithstanding that such person is a Public Officer
or a Judge of the High Court, a Justice of the Court of Appeal or
a Justice of the Supreme Court, and such person, if elected, shall
retire from the Public Service on the day of his election with full
benefits.
(2) The Speaker shall be elected by a resolution in favour of which
there are cast the votes of not less than two-thirds of the Members
of Parliament:
Provided that if three successive resolutions proposing the election
of a Speaker fail to receive the votes of two-thirds of the Members
of Parliament, the Speaker shall be elected by a resolution passed
by a simple majority of all the Members of Parliament.
(3) No person shall be elected as speaker—
- if he is a member of the Armed Forces; or
- if he is a Minister or a Deputy Minister.
(4) The Speaker shall vacate his office—
- if he becomes a Minister or a Deputy Minister; or
- if any circumstances arise that, if he were not the Speaker,
would disqualify him from election as Speaker; or
- when Parliament first meets after any dissolution; or
- if he is removed from office by a resolution of Parliament supported
by the votes of not less than two-thirds of the Members of Parliament.
(5) No business shall be transacted in Parliament (other than an
election to the office of Speaker) at any time if the office of
Speaker is vacant.
(6) Any person elected to the office of Speaker who is not a Member
of Parliament shall before entering upon the duties of his office,
take and subscribe before Parliament the oath as set out in the
Third Schedule in this Constitution.
(7) The Speaker, or in his absence the Deputy Speaker, shall preside
over all sittings of Parliament, except when the President is present.
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| Deputy Speaker. |
80. (1) There shall be a Deputy
Speaker who shall be elected by the Members of Parliament.
(2) No person shall be elected as Deputy Speaker unless he is a
Member of Parliament.
(3) The Members of Parliament shall elect a person to the office
of Deputy Speaker—
- at the first sitting of Parliament in every session; or
- at the first sitting of Parliament after the occurrence of a
vacancy in the office of Deputy Speaker, or so soon thereafter
as may be convenient.
(4) The Deputy Speaker shall vacate his office—
- if he ceases to be a Member of Parliament; or
- if he is removed from office by a resolution of Parliament.
(5) If the Speaker is absent from Sierra Leone or otherwise unable
to perform any of the functions conferred upon him by this Constitution
those functions may be performed by the Deputy Speaker.
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| Election of
Speaker and Deputy Speaker. |
81. On any resolution for the
election or removal of a Speaker or Deputy Speaker, the votes of the
Members of Parliament shall be given by ballot in such manner as not
to disclose how any particular member votes. |
| Clerk of Parliament. |
82. (1) There shall be a Clerk
of Parliament who shall be appointed by the President acting in consultation
with the Public Service Commission, and shall be responsible for the
administration of Parliament.
(2) The office of the Clerk of Parliament and the offices of the
members of his staff shall be public offices.
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| Oath to be taken
by Members of Parliament. |
83. Every Member of Parliament
shall, before taking his seat in Parliament, take and subscribe before
Parliament the oath as set out in the Third Schedule, but a Member
may, before taking that oath, take part in the election of a Speaker. |
PART II — SUMMONING, PROROGATION AND DISSOLUTION
| Sessions of
Parliament. |
84. (1) Each session in Parliament
shall be held at such place within Sierra Leone and shall commence
at such time as the President may be Proclamation appoint.
(2) There shall be a session of Parliament at least once in every
year, so that a period of twelve months shall not intervene between
the last sitting of Parliament in one session and the first sitting
thereof in the next session:
Provided that there shall be a session of Parliament not later
than twenty-eight days from the holding of a general election of
Members of Parliament.
(3) The President shall at the beginning of each session of Parliament
present to Parliament an address on the state of the nation.
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| Life of Parliament. |
85. (1) Parliament shall stand
dissolved at the expiration of a period of five years commencing from
the date of its first sitting after a general election.
(2) If there is in existence a state of public emergency in accordance
with section 29 of this Constitution and the President considers
it not practicable to hold elections, Parliament may, by resolution,
extend the period of five years mentioned in subsection (1) from
time to time but not beyond a period of six months at any one time.
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| Sittings of
Parliament. |
86. (1) The President may at
any time summon a meeting of Parliament.
(2) Notwithstanding the provision of subsection (1), at least twenty
per centum of all the Members of Parliament may request a
meeting of Parliament and the Speaker shall, within fourteen days
after the receipt of that request, summon a meeting of Parliament.
(3) Subject to the provisions of subsection (1) and of Sections
29 and 84 of this Constitution, sittings of Parliament in any session
after the commencement of that session shall be held at such times
and on such days as Parliament shall appoint.
(4) Parliament shall sit for a period of not less than one hundred
and twenty days in each year.
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| General Elections. |
87. (1) A general election
of the Members of Parliament shall be held not earlier than thirty
days and not later than ninety days after any dissolution of Parliament:
Provided that nominations for such elections shall in no case be
closed within fourteen days after dissolution.
(2) If, when Parliament has been dissolved, the President considers
that owing to the existence of a state of public emergency it would
not be practicable to hold a general election within ninety days
after the dissolution, the President may by Proclamation recall
the Parliament that has been dissolved and the following provisions
shall then have effect—
- the Parliament shall meet at such date, not later than fourteen
days after the date of the Proclamation, as may be specified therein;
- the President shall, subject to the provisions of subsection
(16) of section 29, cause to be introduced in Parliament as soon
as it meets, a resolution declaring that a state of Public Emergency
exists and subject as aforesaid, no other business shall be transacted
in Parliament until that resolution has been passed or defeated;
- if the resolution is passed by Parliament with the support of
the votes of not less than two-thirds of the Members thereof,
a general election shall be held on the last day of the period
of six months beginning with the date of the original dissolution
of the Parliament which has been recalled or such earlier date
as the President shall appoint, and the Parliament that has been
recalled shall be deemed to be the Parliament for the time being
and may meet and be kept in session accordingly until the date
fixed for nomination of candidates in that general election, and
unless previously dissolved, shall then stand dissolved;
- if the resolution is defeated or is passed with the support
of the votes of less than two-thirds of the Members of Parliament
or has not been put to the vote within five days after it has
been introduced, the Parliament that has been recalled shall then
be again dissolved and a general election shall be held not later
than the ninetieth day after the date of the Proclamation by which
the Parliament was so recalled or such earlier date as the President
may by Proclamation appoint.
(3) When Parliament is recalled under this section after having
been dissolved—
- the session of that Parliament held next before that dissolution;
and
- the session or sessions of that Parliament held between the
date of its first sitting and of the next dissolution thereafter,
shall be deemed together to form one session.
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PART III — PROCEDURE OF PARLIAMENT
| Presiding in
Parliament. |
88. There shall preside at
any sitting of Parliament—
- the Speaker; or
- in the absence of the Speaker, the Deputy Speaker; or
- in the absence of the Speaker and the Deputy Speaker, such Member
of Parliament as may be elected for that purpose:
Provided that when the President addresses Parliament or attends
in person, the Speaker shall leave his chair and no other person
shall preside during such address or attendance.
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| Quorum in Parliament. |
89. If objection is taken by
any Member of Parliament that there are present in Parliament (besides
the person presiding) less than one-fourth of all the Members of Parliament
and the person presiding shall be so satisfied he shall thereupon
adjourn Parliament.
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| Use of English
in Parliament. |
90. The business of Parliament
shall be conducted in the English Language. |
| Voting in Parliament. |
91. (1) Except as otherwise
provided in this Constitution, any question proposed for decision
in Parliament shall be determined by a majority of the votes of the
Members present and voting.
(2) The person presiding in Parliament may cast a vote whenever
necessary to avoid an equality of votes but shall not vote in any
other case; if the person presiding does not exercise his casting
vote the question proposed for discussion in Parliament shall be
deemed to be rejected.
(3) The rules of procedure of Parliament may provide that the vote
of a Member upon a question in which he has a direct pecuniary interest
shall be disallowed and if any such provision is made a Member whose
vote is disallowed in accordance therewith shall be deemed not to
have voted.
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| Unqualified
persons sitting or voting. |
92. Any person who sits or
votes in Parliament knowing or having reasonable ground for knowing
that he is not entitled to do so shall be liable to a penalty not
exceeding one thousand leones or such other sum as may be prescribed
by Parliament for each day in which he so sits or votes in Parliament,
which shall be recoverable by action in the High Court at the suit
of the Attorney-General and Minister of Justice.
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| Committees of
Parliament. |
93. (1) At the beginning of
each session of Parliament, but in any case not later than twenty-one
days thereafter, there shall be appointed from among its members the
following Standing Committees, that is to say—
- the Legislative Committee;
- the Finance Committee;
- the Committee on Appointments and Public Service;
- the Foreign Affairs and International Co-operation Committee;
- the Public Accounts Committee;
- the Committee of Privileges;
- the Standing Orders Committee;
- such other Committees of Parliament as the rule of procedure
of Parliament shall provide.
(2) In addition to the Committees referred to in subsection (1),
Parliament shall appoint other Committees which shall perform the
functions specified in subsection (3).
(3) In shall be the duty of any such Committee as is referred to
in subsection (2) to investigate or inquire into the activities
or administration of such Ministries or Departments as may be assigned
to it, and such investigation or inquiry may extend to proposals
for legislation.
(4) Notwithstanding anything contained in subsections (1) and (2),
Parliament may at any time appoint any other Committee to investigate
any matter of public importance.
(5) The composition of each of the Committees appointed under subsections
(1), (2) and (4) shall, as much as possible, reflect the strength
of the political parties and Independent Members in Parliament.
(6) For the purposes of effectively performing its functions, each
of the Committees shall have all such powers, rights and privileges
as are vested in the High Court at a trial in respect of—
- enforcing the attendance of witnesses and examining them on
oath, affirmation or otherwise;
- compelling the production of documents; and
- the issue of a commission or request to examine witnesses abroad.
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| Regulation of
Procedure in Parliament. |
94. (1) Subject to the provisions
of this Constitution, Parliament may regulate its own procedure, and
may in particular make, amend and revoke Standing Orders for the orderly
conduct of its own proceedings.
(2) Notwithstanding anything to the contrary in this Constitution
or in any other law contained, no decision, order or direction of
Parliament or any of its Committees or the Speaker, relating to
the rules of procedure of Parliament, or to the application or interpretation
of such rules, or any act done or purporting to have been done by
Parliament or by the Speaker under any rules of procedure, shall
be inquired into by any court.
(3) Parliament may act notwithstanding any vacancy in its membership
(including any vacancy not filled with Parliament first meets after
the entry into force of this Constitution or after any dissolution
of Parliament) and the presence or participation of any person not
entitled to be present at or to participate in the proceedings of
Parliament shall not invalidate those proceedings.
(4) Parliament may, for the purpose of the orderly and effective
discharge of its business, make provision for the powers, privileges
and immunities of Parliament, its Committees and the Members thereof.
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| Contempt of
Parliament. |
95. any act or omission which
obstructs or impedes Parliament in the performance of its functions,
or which obstructs or impedes any Member or officer thereof in the
discharge of his duties or affronts the dignity of Parliament, or
which tends either directly or indirectly to produce such a result
shall be a contempt of Parliament.
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| Criminal Proceedings. |
96. Where an act or omission
which constitutes contempt of Parliament is an offence under the criminal
law, the exercise by Parliament of the power to punish for contempt
shall not be a bar to the institution of proceedings under the criminal
law. |
PART IV — RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES
Responsibili-
ties of Members of Parliament. |
97. The responsibilities of
the Members of Parliament shall include the following—
- All members of Parliament shall maintain the dignity and image
of Parliament both during the sittings in Parliament as well as
in their acts and activities outside Parliament.
- All Members of Parliament shall regard themselves as representatives
of the people of Sierra Leone and desist from any conduct by which
they seek improperly to enrich themselves or alienate themselves
from the people.
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| Freedom of Speech
and Debate. |
98. There shall be freedom
of speech, debate and proceedings in Parliament and that freedom shall
not be impeached or questioned in any court or place out of Parliament.
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| Parliamentary
privilege. |
99. (1) Subject to the provisions
of this section, but without prejudice to the generality of section
97, no civil or criminal proceedings shall be instituted against a
Member of Parliament in any court or place out of Parliament by reason
of anything said by him in Parliament.
(2) Whenever in the opinion of the person presiding in Parliament
a statement made by a Member is prima facie defamatory of
any person, the person presiding shall refer the matter for inquiry
to the Committee of Privileges which shall report its findings to
Parliament not later than thirty days of the matter being so referred.
(3) Where the Committee of Privileges reports to Parliament that
the statement made by the Member is defamatory of any person, the
Member who made the statement shall, within seven days of that report,
render an apology at the bar of Parliament, the terms of which shall
be approved by the Committee of Privileges and communicated to the
person who has been defamed.
(4) Where a Member refuses to render an apology pursuant to the
provisions of subsection (3), the Speaker shall suspend that Member
for the duration of the session of Parliament in which the defamatory
statement was made and a Member so suspended shall lose his Parliamentary
privileges, immunities and remuneration which shall be restored
to him if at any time before the end of the session he renders the
apology as required under the provisions of subsection (3).
(5) Any person who may have made a contemporaneous report of the
proceedings in Parliament including a statement which has been the
subject of an inquiry pursuant to the provisions of subsection (2)
shall publish the apology referred to in subsection (3) or the suspension
of the apology referred to in subsection (4) with the same prominence
as he published the first report; and if any such person fails to
publish that apology he shall not be protected by privilege.
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| Immunity from
service of process and arrest. |
100. No civil or criminal process
issuing from any court or place out of Parliament shall be served
on or executed in relation to the Speaker or a Member or the Clerk
of Parliament while he is on his way to attending or returning from
any proceedings of Parliament.
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| Immunity from
witness summons. |
101. (1) Neither the Speaker
nor any Member of, nor the Clerk of, Parliament shall be compelled,
while attending Parliament, to appear as a witness in any court or
place out of Parliament.
(2) The certificate of the Speaker that a Member or the Clerk is
attending the proceedings of Parliament shall be conclusive evidence
of attendance at Parliament.
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| Immunity from
serving as juryman. |
102. Neither the Speaker nor
any Member of, nor the Clerk of, Parliament shall be required to serve
on a jury in any court or place out of Parliament.
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| Immunity for
publication of proceedings. |
103. Subject to the provisions
of this Constitution, no person shall be under any civil or criminal
liability in respect of the publication of—
- the text or a summary of any report, papers, minutes, votes
or proceedings of Parliament; or
- a contemporaneous report of the proceedings of Parliament,
unless it is shown that the publication was effected maliciously
or otherwise in want of good faith.
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| Privileges of
witness. |
104. (1) Every person summoned
to give evidence or to produce any paper, book, record or other document
before Parliament shall be entitled, in respect of his evidence, or
the production of such document, to the same privileges as if he were
appearing before a Court.
(2) No public officer shall be required to produce before Parliament
any document if the Speaker certifies that—
- the document belongs to a class of documents which will be injurious
to the public interest or prejudicial to the security of the State
to produce; or
- disclosure of the contents thereof will be injurious to the
public interest or prejudicial to the security of the State.
(3) Where there is a doubt as to whether any document as is referred
to in subsection (2) is injurious to the public interest or prejudicial
to the security of the State, the Speaker shall refer the matter
to the Supreme Court to determine whether the production or the
disclosure of the contents of any such document would be injurious
to the public interest or prejudicial to the security of the State.
(4) An answer by a person to a question put by Parliament shall
not be admissible in evidence against him in any civil or criminal
proceedings out of Parliament, not being proceedings for perjury
brought under the criminal law.
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PART IV — RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES
| Power to make
laws. |
105. Subject to the provisions
of this Constitution, Parliament shall be the supreme legislative
authority for Sierra Leone.
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| Mode of Exercising
Legislative Power. |
106. (1) The power of Parliament
to make laws shall be exercised by Bills passed by Parliament and
signed by the President.
(2) Subject to the provisions of subsection (8), a bill shall not
become law unless it has been duly passed and signed in accordance
with this Constitution.
(3) An Act signed by the President shall come into operation on
the date of its publication in the Gazette or such other
date as may be prescribed therein or in any other enactment.
(4) When a bill which has been duly passed and is signed by the
President in accordance with the provisions of this Constitution
it shall become law and the President shall thereupon cause it to
be published in the Gazette as law.
(5) No law made by Parliament shall come into operation until it
has been published in the Gazette, but Parliament may postpone
the coming into operation of any such law and may make laws with
retroactive effect.
(6) All laws made by Parliament shall be styled "Acts",
and the words of enactment shall be "Enacted by the President
and Members of Parliament in this present Parliament assembled".
(7) Where a Bill has been passed by Parliament but the President
refuses to sign it, the President shall within fourteen days of
the presentation of the bill for his signature cause the unsigned
Bill to be returned to Parliament giving reasons for his refusal.
(8) Where a Bill is returned to Parliament pursuant to subsection
(7) and that Bill is thereafter passed by the votes of not less
than two-thirds of the Members of Parliament, it shall immediately
become law and the Speaker shall thereupon cause it to be published
in the Gazette.
(9) Nothing in this section or in section 53 of this Constitution
shall prevent Parliament from conferring on any person or authority
the power to make statutory instruments.
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| Minister may
introduce Bill and be summoned to Parliament. |
107. (1) A Minister may introduce
a Bill in Parliament and take part, but without a vote, in the deliberations
of Parliament on that Bill.
(2) A Minister may be summoned before Parliament or a Committee
thereof—
- to give an account of any matter falling within his portfolio;
or
- to explain any aspect of Government policy.
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| Alteration of
this Constitution. |
108. (1) Subject to the provisions
of this section, Parliament may alter this Constitution.
(2) A Bill for an Act of Parliament under this section shall not
be passed by Parliament unless—
- before the first reading of the Bill in Parliament the text
of the Bill is published in at least two issues of the Gazette:
Provided that not less than nine days shall elapse between the
first publication of the Bill in the Gazette and the second
publication; and
- the Bill is supported on the second and third readings by the
votes of not less than two-thirds of the Members of Parliament.
(3) A Bill for an Act of Parliament enacting a new Constitution
or altering any of the following provisions of this Constitution,
that is to say—
- this section
- Chapter III,
- sections 46, 56, 72, 73, 74(2), 74(3), 84(2), 85, 87, 105, 110-119,
120, 121, 122, 123, 124, 128, 129, 131, 132, 133, 135, 136, 137,
140, 151, 156, 167,
shall not be submitted to the President for his assent and shall
not become law unless the Bill, after it has been passed by Parliament
and in the form in which it was so passed, has, in accordance with
the provisions of any law in that behalf, been submitted to and
been approved at a referendum.
(4) Every person who is entitled to vote in the elections of Members
of Parliament shall be entitled to vote at a referendum held for
the purposes of subsection (3) and no other person may so vote;
and the Bill shall not be regarded as having been approved at the
referendum unless it was so approved by the votes of not less than
one-half of all such persons and by not less than two-thirds of
all the votes validly cast at the referendum:
Provided that in calculating the total number of persons entitled
to vote at such referendum, the names of deceased persons, of persons
disqualified as electors, and of persons duplicated in the register
of electors and so certified by the Electoral Commission, shall
not be taken into account.
(5) The conduct of any referendum for the purposes of subsection
(3) of this section shall be under the general supervision of the
Electoral Commission and the provisions of subsections (4), (5)
and (6) of section 38 of this Constitution shall apply in relation
to the exercise by the Electoral Commission of its functions with
respect to a referendum as they apply in relation to the exercise
of its functions with respect to elections of Members of Parliament.
(6) A Bill for an Act of Parliament under this section shall not
be submitted to the President for his signature unless it is accompanied
by a certificate under the hand of the Speaker of Parliament (or,
if the Speaker is for any reason unable to exercise the functions
of his office, the Deputy Speaker) that the provisions of subsections
(3) and (4) of this section have been complied with, and every such
certificate shall be conclusive for all purposes and shall not be
inquired in any court.
(7) No Act of Parliament shall be deemed to amend, add to or repeal
or in any way alter any of the provisions of this Constitution unless
it does so in express terms.
(8) Any suspension, alteration, or repeal of this Constitution
other than on the authority of Parliament shall be deemed to be
an act of Treason.
(9) In this section—
- references to this Constitution include references to any law
that amends or replaces any of the provisions of this Constitution;
and
- references to the alteration of this Constitution or of any
Chapter or section of this Constitution include references to
the amendment, modification or re-enactment, with or without amendment
or modification, of any provision for the time being contained
in this Constitution or Chapter or section thereof, the suspension
or repeal of any such provision, the making of different provision
in lieu of such provision and the addition of new provisions to
this Constitution or Chapter or section thereof, and references
to the alteration of any particular provision of this Constitution
shall be construed likewise.
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| Residual authority
of Parliament. |
109. Subject to the provisions
of section 105 of this Constitution, where on any matter, whether
arising out of this Constitution or otherwise there is no provision,
expressed or by necessary implication, of this Constitution which
deals with the matter that has arisen, Parliament shall, by an Act
of Parliament, not being inconsistent with any provision of this Constitution,
provide for that matter to be dealt with. |
PART VI — FINANCE
| Authority for
imposition of taxation. |
110 (1) No taxation shall be
imposed or altered otherwise than by or under the authority of an
Act of Parliament.
(2) Where an Act enacted pursuant to subsection (1) confers a power
on any person or authority to waive or vary a tax (otherwise than
by reduction) imposed by that Act, the exercise of the power of
waiver or variation in favour of any person or authority shall be
subject to the prior approval of Parliament by resolution passed
in that behalf.
(3) Parliament may make provision under which the President or
a Minister may by order provide that, on or after the publication
of a Bill (being a Bill approved by the President) that it is proposed
to introduce into Parliament providing for the imposition or alteration
of taxation, such provisions of the Bill as may be specified in
the order shall, until the Bill becomes law, have the force of law
for such period and subject to such conditions as may be prescribed
by Parliament:
Provided that any such order shall, unless sooner revoked, cease
to have effect—
- if the Bill to which it relates is not passed within such period
from the date of its first reading in Parliament as may be prescribed
by Parliament; or
- if, after the introduction of the Bill to which it relates,
Parliament is prorogued or dissolved; or
- if, after the passage of the Bill to which it relates, the President
refuses his assent thereto; or
- at the expiration of a period of four months from the date it
came into operation or such longer period from that date as may
be specified in any resolution passed by Parliament after the
Bill to which it relates has been introduced.
(4) Parliament may confer upon any authority established by law
for the purpose of local government power to impose taxation within
the area for which that authority is established and to alter taxation
so imposed.
(5) Where the Appropriation Act in respect of a financial year
has not come into force at the expiration of six months from the
commencement of that financial year, the operation of any law relating
to the collection or recovery of any tax upon any income or profits
or any duty of customs or excise shall be suspended until that Act
comes into force:
Provided that—
- in any financial year in which Parliament stands dissolved at
the commencement of the year the period of six months shall begin
from the day upon which Parliament first sits following that dissolution
instead of from the commencement of the financial year;
- the provisions of this subsection shall not apply in any financial
year in which Parliament is dissolved after the laying of estimates
in accordance with section 112 and before the Appropriation Bill
relating to those estimates is passed by Parliament.
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| Consolidated
Fund. |
111. (1) there shall be a Consolidated
Fund into which, subject to the provisions of this section, shall
be paid—
- all revenues or other moneys raised or received for the purpose
of, or on behalf of, the Government;
- any other moneys raised or received in trust for or on behalf
of the Government; and
- all revenues and moneys payable by or under any bilateral or
multilateral agreement.
(2) The revenues or other moneys referred to in subsection (1)
shall not include revenues or other moneys—
- that are payable by or under an Act of Parliament into some
other fund established for a specific purpose; or
- that may by or under an Act of Parliament, be retained by the
department of Government that received them for the purpose of
defraying the expenses of that department.
(3) No moneys shall be withdrawn from the Consolidated Fund except—
- to meet expenditure that is charged upon the Fund by this Constitution
or by an Act of Parliament; or
- where the issue of those moneys has been authorised—
- by an Appropriation Act; or
- by a Supplementary Estimate approved by a resolution of Parliament
passed in that behalf; or
- by an Act of Parliament enacted pursuant to the provisions
of sections 112 and 113 of this Constitution; or
- by rules or regulations made under an Act of Parliament in
respect of trust moneys paid into the Consolidated Fund.
(4) No moneys shall be withdrawn from any public fund, other than
the Consolidated Fund and the Contingencies Fund, unless the issues
of those moneys have been authorised by or under the authority of
an Act of Parliament.
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| Authorisation
of expenditures from Consolidated Fund. |
112. (1) Subject to the provisions
of section 107 of this Constitution, the Minister for the time being
responsible for finance shall cause to be prepared and laid before
Parliament in each financial year estimates of the revenues and expenditures
of Sierra Leone for the next following financial year.
(2) The Head of the expenditure—
- of the estimates shall be included in a Bill to be known as
an Appropriation Bill which shall be introduced into Parliament
to provide for the issue from the Consolidated Fund of the sums
of money necessary to meet that expenditure and the appropriation
of those sums for the purposes specified therein; and
- of the Consolidated Fund payments shall be laid before Parliament
for the information of the Members thereof.
(3) Where, in respect of any financial year, it is found that the
amount of moneys appropriated by the Appropriation Act for any purpose
is insufficient or that a need has arisen for expenditure for a
purpose for which no amount of moneys has been appropriated by that
Act, a supplementary estimate showing the sum of money required
shall be laid before Parliament.
(4) Where, in respect of any financial year, a supplementary estimate
has been approved by Parliament in accordance with the provisions
of subsection (3), a Supplementary Appropriation Bill shall be introduced
in Parliament in the financial year next following the financial
year to which the estimates relate, providing for the appropriation
of the sum so approved for the purposes specified in that estimate.
(5) Notwithstanding the provisions of subsection (4), the Minister
for the time being responsible for finance may cause to be prepared
and laid before Parliament estimates of revenue and expenditure
of Sierra Leone for periods of over one year.
(6) Parliament shall prescribe the procedure for the presentation
of Appropriation Bills.
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| Withdrawal of
moneys from general revenues. |
113. Where it appears to the
Minister responsible for finance that the Appropriation Act in respect
of any financial year will not come into operation by the beginning
of that financial year, he may, with the prior approval of Parliament
signified in that behalf by a resolution thereof, authorise the withdrawal
of moneys from the Consolidated Fund for the purposes of meeting expenditure
necessary to carry on the services of the Government in respect of
the period expiring four months from the beginning of the financial
year or on the coming into operation of the Act, whichever is earlier.
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| Withdrawal of
moneys from general revenues. |
114 (1) No moneys shall be
expended from the general revenue of the Republic unless—
- the expenditure is authorised by a warrant under the hand of
the President; or
- the expenditure is charged by this Constitution or any other
law on the general revenues of the Republic; or
- the expenditure is of moneys received by a department of Government
and is made under the provisions of any law which authorises that
department to retain and expend those moneys for defraying the
expenses of the department.
(2) No warrant shall be issued by the President authorising expenditure
from the general revenues of the Republic unless—
- the expenditure is necessary to carry on the services of the
Government in respect of any period not exceeding four months
beginning with the commencement of a financial year during which
the Appropriation Act for that financial year is not in force;
or
- the expenditure has been proposed in a supplementary estimate
to be approved by Parliament; or
- no provision exists for the expenditure and the President considers
that there is such an urgent need to incur the expenditure that
it would not be in the public interest to delay the authorisation
of the expenditure until such time as a supplementary estimate
can be laid before and approved by Parliament; or
- the expenditure is incurred on capital projects continuing from
the previous financial year until the commencement of the Appropriation
Act for the current financial year.
(3) The President shall, immediately after he has signed any warrant
authorising expenditure from the general revenues of the Republic,
cause a copy of the warrant to be transmitted to the Accountant-General.
(4) The issue of warrants under paragraph (c) of subsection (2),
the investment of moneys forming part of the general revenue of
the Republic and making of advances from such revenues shall be
subject to such limitations and conditions as Parliament may from
time to time prescribe.
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| Remuneration
of the President and certain other officers. |
115. (1) There shall be paid
to the holders of the offices to which this section applies such salaries
and allowances as may be prescribed by or under any law.
(2) The salaries and allowances payable to the holders of the offices
to which this section applies shall be a charge on the Consolidated
Fund.
(3) The salary, pensions, gratuity and allowances payable to the
holder of any office to which this section applies and his other
terms of services shall not be altered to his disadvantage after
his appointment, and for the purposes of this subsection in so far
as the terms of service of any person depend on the option of that
person, the terms for which he opts shall be taken to be more advantageous
to him than any other terms for which he might have opted.
(4) This section applies to the officers of the President, Vice-President,
Attorney-General and Minister of Justice, Ministers, Deputy Ministers,
the Chief Justice, a Justice of the Supreme Court, a Justice of
Appeal, a Judge of the High Court, the Director of Public Prosecutions,
the Chairman and Members of the Electoral Commission, the Chairman
and Members of the Public Service Commission, and the Auditor-General.
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| Contingencies
Fund. |
116. (1) Parliament may provide
for the establishment of the Contingencies Fund and for authorising
the Minister responsible for Finance, if he is satisfied that there
has arisen an urgent and unforeseen need for expenditure for which
no other provision exists, to make advance from the Fund to meet that
need.
(2) Where any advance is made in accordance with subsection (1),
a Supplementary Estimate shall be presented and a Supplementary
Appropriation bill shall be introduced into Parliament as soon as
possible for the purpose of replacing the amount so advanced.
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| Public debt. |
117. (1) The public debt of
Sierra Leone shall be secured on the revenues and assets of Sierra
Leone.
(2) In this section reference to the public debt of Sierra Leone
includes reference to the interest on that debt, sinking fund payments
in respect of that debt and the costs, charges and expenses incidental
to the management of that debt.
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| Loans. |
118. (1) Parliament may by
a resolution passed in that behalf and supported by the votes of a
majority of all the members of Parliament, authorise the Government
to enter into an agreement for the granting of a loan out of any public
fund or public account.
(2) An agreement entered pursuant to subsection (1) shall be laid
before Parliament and shall not come into operation unless the same
has been approved by a resolution of Parliament.
(3) No loan shall be raised by the Government on behalf of itself
or any other public institution otherwise than by or under the authority
of an Act of Parliament.
(4) An Act of Parliament enacted in accordance with subsection
(3) shall provide—
- that the terms and conditions of a loan shall be laid before
Parliament and shall not come into operation unless it has been
approved by a resolution of Parliament; and
- that any moneys received in respect of that loan shall be paid
into the Consolidated Fund and form part thereof or into some
other Public Fund of Sierra Leone either existing or created for
the purposes of the loan.
(5) For the purposes of this section, the expression "loan"
includes any moneys lent or given to or by the Government on condition
of return or repayment and any other form of borrowing or lending
in respect of which—
- moneys from the Consolidated Fund or any other Public Fund may
be used for payment or repayment; or
- moneys from any fund by whatever name called established for
the purposes of payment or repayment whether in whole or in part
and whether directly or indirectly may be used for payment or
repayment.
(6) The provisions of subsections (1), (2), (3), (4) and (5) shall
also apply to any agreement for a loan entered into by the Government
in respect of the natural resources of Sierra Leone, such as mineral,
marine, forest and such other resources.
(7) Parliament shall be notified by the appropriate minister or
authority of all gifts, donations, grants and pledges made to the
State of Sierra Leone.
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| Establishment
of office and functions of Auditor- General |
119. (1) There shall be an
Auditor-General for Sierra Leone whose office shall be a public office,
and who shall be appointed by the President after consultation with
the Public Service Commission, and subject to the approval of Parliament.
(2) The public accounts of Sierra Leone and all public offices,
including the Courts, the accounts of the central and local government
administrations, of the Universities and public institutions of
like nature, any statutory corporation, company or other body or
organisation established by an Act of Parliament or statutory instrument
or otherwise set up partly or wholly out of Public Funds, shall
be audited and reported on by or on behalf of the Auditor-General,
and for that purpose the Auditor-General shall have access to all
books, records, returns and other documents relating or relevant
to those accounts.
(3) The public accounts of Sierra Leone and of all other persons
or authorities referred to in subsection (2) shall be kept in such
form as the Auditor-General shall approve.
(4) The Auditor-General shall, within twelve months of the end
of the immediately preceding financial year, submit his report to
Parliament and shall in that report draw attention to any irregularities
in the accounts audited and to any other matter which in his opinion
ought to be brought to the notice of Parliament.
(5) Parliament shall debate the report of the Auditor-General and
appoint where necessary in the public interest a committee to deal
with any matters arising therefrom.
(6) In the exercise of his functions under this Constitution or
any other law, the Auditor-General shall not be subject to the direction
or control of any person or authority.
(7) The provisions of subsection (6) shall not preclude the President,
acting in accordance with the advice of Cabinet, or Parliament from
requesting the Auditor-General in the public interest to audit at
any particular time, the accounts of any body or organisation as
is referred to in subsection (2).
(8) The salary and allowances payable to the Auditor-General, his
rights in respect of leave of absence, retiring age and other conditions
of service, shall not be varied to his disadvantage after his appointment.
(9) The provisions of section 137 of this Constitution, relating
to the removal of a Judge of the Superior Court of Judicature, other
than the Chief Justice, from office, shall apply to the Auditor-General.
(10) The Auditor-General shall retire from office on attaining
the age of sixty-five years or such age as may be prescribed by
Parliament.
(11) The administrative expenses of the office of the Auditor-General
including all salaries, allowances, gratuities and pensions payable
to or in respect of persons serving in the Audit Service shall be
a charge upon the Consolidated Fund.
(12) The accounts of the office of the Auditor-General shall be
audited and reported upon by an auditor appointed by Parliament.
(13) Any person appointed to be the Auditor-General of Sierra Leone
shall, before entering upon the duties of his office, take and subscribe
the oath as set out in the Third Schedule to this Constitution.
(14) Whenever the office of the Auditor-General is vacant or the
holder of the office is for any reason unable to perform the functions
of his office, the President may, in consultation with the Public
Service Commission, appoint a person to act in the office and any
person so appointed shall, subject to the provisions of the section
relating to the removal of the Auditor-General, continue to act
until his appointment is revoked by the President.
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