| |

CHAPTER XIV — TRANSITIONAL PROVISIONS
| Existing Constitution
Act No. 12 of 1978. |
174. In this Chapter "the
existing Constitution" refers to the Constitution of Sierra Leone,
1978. |
| Effect of Transitional
provisions. |
175. The transitional provisions
of this Constitution shall have effect notwithstanding anything to
the contrary contained in this Constitution or any other law. |
| Existing Law. |
176. In this Chapter, the expression
"existing law" means any Act, rule, regulation, order or
other such instrument made in pursuance of, or continuing in operation
under, the existing Constitution and having effect as part of the
laws of Sierra Leone or of any part thereof immediately before the
commencement of this Constitution or any Act of the Parliament of
the United Kingdom or Order of Her Majesty in Council so having effect
and may be construed with such modifications, adaptations, qualifications
and exceptions as may be necessary to bring it into conformity with
this Constitution as if it had been made under this Constitution. |
| Application
of Existing Law. |
177. (1) The existing law shall,
notwithstanding the repeal of the Constitution of Sierra Leone Act,
1973, have effect after the entry into force of this Constitution
as if they had been made in pursuance of this Constitution and shall
be read and construed with such modifications, adaptations, qualifications
and exceptions as may be necessary to bring them into conformity with
this Constitution.
(2) Where any matter that fails to be prescribed or otherwise provided
for under this Constitution by Parliament or by any other authority
or person is prescribed or provided for by or under an existing
law (including any amendment to any such law made under this section),
or is otherwise prescribed or provided for immediately before the
commencement of this Constitution by or under the existing Constitution,
that prescription or provision shall, as from the commencement of
this Constitution have effect with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring it into
conformity with this Constitution as it had been made under this
Constitution by Parliament or, as the case may require, by the other
authority or person.
(3) Subject to the approval of Parliament, the President may, by
order made after the commencement of this Constitution but before
the first dissolution of Parliament under this Constitution, make
such amendments to any existing law as may appear to him to be necessary
or expedient for bringing that law into conformity with the provisions
of this Constitution or otherwise for giving effect or enabling
effect to be given to the provisions of this Constitution.
(4) The provisions of this section shall be without prejudice to
any powers conferred by this Constitution or by any other law upon
any person or authority to make provision for any matter including
the amendment or repeal of any existing law.
|
| Preservation
of existing offices. |
178. (1) Where any office has
been established by or under the existing Constitution or any existing
law, and this Constitution establishes or provides for the establishment
of a similar or an equivalent office including the office of President,
Vice-President, Minister, Member of the Cabinet, Attorney-General
and Minister of Justice, Deputy Minister or any person who, immediately
before the commencement of this Constitution, holds or is acting in
the former office shall, so far as is consistent with the provisions
of this Constitution, be deemed as from the commencement of this Constitution
to have been appointed, elected or otherwise selected to hold or act
in the latter office in accordance with the provisions of this Constitution;
Provided that—
- any person who under the existing Constitution or any existing
law would have been required to vacate his office at the expiration
of any period or on the attainment of any age shall vacate his
office at the expiration of that period or on the attainment of
that age;
- no alteration made in the functions, powers or duties of any
office by this Constitution shall entitle the holder thereof for
the purpose of any law with respect to pensions benefits to be
treated as if his office had been abolished.
(2) The person who holds the office of President of the Republic
of Sierra Leone immediately before the coming into force of this
Constitution shall continue to be the President of the Republic
of Sierra Leone after the commencement of this Constitution until
the first Presidential election is held under this Constitution;
Provided that the period served after the commencement of this
Constitution shall not count as a term or part of a term for the
purposes of subsection (1) of section 46.
(3) the offices of Vice-Presidents under the existing Constitution
shall remain in force until the first dissolution of Parliament
under this Constitution.
(4) Any person who, by virtue of this section is deemed as from
the commencement of this Constitution to have been appointed, elected
or otherwise selected to hold or act in any office shall also be
deemed as from the commencement of this Constitution to have been
appointed, elected or otherwise selected to hold or act i that office,
and shall also be deemed to have taken and subscribed any necessary
oath under this Constitution.
(5) The High Court of Justice established under the provisions
of subsection (4) of section 120 of this Constitution shall be the
successor to the High Court in being immediately before the coming
into force of this Constitution.
(6) The Court of Appeal established under the provisions of subsection
(4) of section 120 of this Constitution shall be the successor to
the Court of Appeal in being immediately before the coming into
force of this Constitution; and accordingly the Court of Appeal
as established by this Constitution shall be bound to follow the
decisions on questions of law binding on the Court of Appeal as
it existed immediately before the coming into force of this Constitution.
(7) the Supreme Court established under the provisions of subsection
(4) of section 120 of this Constitution shall be the successor to
the Supreme Court in being immediately before the coming into force
of this Constitution.
(8) The persons who immediately before the entry into force of
this Constitution were Justices of the Supreme Court, or Justices
of the Court of Appeal, Judges of the High Court established under
Chapter VI of the existing Constitution shall be deemed to have
been appointed respectively Justices of the Supreme Court, Justices
of the Court of Appeal and Judges of the High Court established
by this Constitution.
(9) The person who immediately before the entry into force of this
Constitution held the office of Chief Justice of the Judiciary established
under sections 100 and 101 of the existing Constitution shall be
deemed to have been appointed Chief Justice, and a Justice of the
Supreme Court under this Constitution.
(10) A person who is a member of the Public Service Commission
established by the existing Constitution may, notwithstanding that
by reason of his having held or been nominated for election to any
office before the coming into effect of this Constitution, he is
disqualified to be appointed as a member of the Public Service Commission
established by this Constitution, continue in office under this
section as a member of that Commission and be re-appointed thereto
upon the expiration of his term of office.
(11) In this Chapter, "pensions benefits" means any pensions,
compensations, gratuity, or other like allowances for the holder
of that office in respect of his service as a public officer or
for the widow, children, dependants or personal representative of
such holder in respect of such service, whether or not accruing
from a contributory basis.
(12) Reference in this Chapter to the law with respect to pensions
benefits includes, without prejudice to their generality, references
to the law regulating the circumstances in which such benefits may
be granted or in which the grant of such benefits may be refused,
the law regulating the circumstances in which any such benefits
that have been granted may be withheld, reduced in amount or suspended,
and the law regulating the amount of any such benefits.
(13) Notwithstanding anything contained in this Constitution to
the contrary, any Commission or Committee of Inquiry in existence
immediately before the coming into force of this Constitution may
continue in existence until the submission of its report or otherwise
dissolved according to law.
|
| Existing Parliament. |
179. The Parliament constituted
by the existing Constitution (hereinafter referred to as "the
existing Parliament") shall be deemed to be the Parliament at
the commencement of this Constitution and the existing Members shall
be deemed Members thereof and the said Parliament shall stand dissolved
not later than twelve months after the commencement of this Constitution.
(2) The Constituencies into which Sierra Leone was divided immediately
before the commencement of this Constitution and until other provision
is made in that behalf in accordance with this Constitution shall
be deemed to be the Constituencies into which Sierra Leone is divided
in pursuance of section 38 of this Constitution; and the persons
who immediately before the commencement of this Constitution are
the elected members of the existing Parliament representing these
constituencies shall be deemed as from the commencement of this
Constitution to have been elected to Parliament in accordance with
provisions of this Constitution as the elected Members representing
the respective constituencies corresponding to those constituencies
and shall hold their seats in accordance with the provisions of
subsection (1).
(3) The registers of voters having effect immediately before the
commencement of this Constitution for the purposes of elections
to the existing Parliament shall, as from the commencement of this
Constitution, have effect as if they have been compiled in pursuance
of this Constitution.
(4) the persons who, immediately before the commencement of this
Constitution, are Members of Parliament appointed by the President
pursuant to the provisions in paragraph (c) of subsection (1) or
section 43 of the existing Constitution, shall be deemed as from
the commencement of this Constitution to be Members of Parliament
until the dissolution of Parliament in accordance with the provisions
of subsection (1) of this Constitution.
(5) The persons who, immediately before the commencement of this
Constitution are the Speaker and the Deputy Speaker of the existing
Parliament shall be deemed as from the commencement of this Constitution
to have been elected as Speaker and Deputy Speaker of Parliament
in accordance with the provisions of this Constitution and shall
hold office in accordance with those provisions.
(6) Until Parliament otherwise provides, any person who holds or
acts in any office, the holding of which would under the existing
law be a disqualification for election to Parliament, shall be deemed
not to have been disqualified as though provisions in their behalf
had been made in pursuance of this Constitution.
(7) The Standing Orders of the existing Parliament as in force
immediately before the commencement of this Constitution shall until
it is otherwise provided by Parliament, be the Standing Orders of
Parliament, but they shall be construed with such modifications,
adaptations, qualifications and exceptions as may be necessary to
bring them into conformity with this Constitution.
(8) Any person who, by virtue of this section, is deemed as from
the commencement of this Constitution to have been elected as Speaker
or any other Member of Parliament shall be deemed to have taken
and subscribed any necessary oath under this Constitution.
|
| Delegated powers
and inquiries. |
180. (1) Any power that immediately
before the commencement of this Constitution is vested in an existing
public service authority (that is to say, for example, the President
or the Public Service Commission) established by the existing Constitution,
and that under the existing Constitution, is then delegated to some
other person or authority shall, as from the commencement of this
Constitution and so far as is consistent the the provisions of this
Constitution, be deemed to have been delegated to such person or authority
in accordance with those provisions.
(2) Any matter that, immediately before the commencement of this
Constitution, is pending before an existing public service authority
shall, so far as is consistent with the provisions of this Constitution,
be continued before the corresponding public services authority
established by this Constitution, and any matter that, immediately
before the commencement of this Constitution, is pending before
a person or authority to whom power to deal with that matter has
been delegated by an existing public service authority shall, so
far as is consistent with the provisions of this Constitution, be
continued before the person or authority to whom that power was
delegated;
Provided that where the hearing of a disciplinary proceeding has
begun but has not been completed immediately before the commencement
of this Constitution, the continued hearing shall not be held before
any person unless the hearing that has already taken place was also
held before him; and where, by virtue of this provision, the hearing
cannot be continued it shall be recommenced.
|
| Continuation
of matters. |
181. Where any matter or thing
has been commenced before the coming into force of this Constitution
by any person or authority having power in that behalf under the existing
law, that matter or thing may be carried on and completed by the person
or authority having power in that behalf on or after such commencement
and it shall not be necessary for any such person or authority to
commencement any such matter or thing de novo. |
| Legal proceedings. |
182. Subject to the provisions
of sections 183 and 184 legal proceedings pending immediately before
the coming into force of this Constitution before any Court, including
civil proceedings by or against the Government, shall not be affected
by the coming into force of this Constitution and may be continued
accordingly. |
| Appeals. |
183. (1) Any proceedings pending
immediately before the entry into force of this Constitution before
the existing High Court or any proceedings on appeal from that Court
so pending before the existing Court of Appeal before the Supreme
Court may be continued after the entry into force of this Constitution
before the High Court or the Court of Appeal or the Supreme Court
established by this Constitution as the case may be. |
| Jurisdiction
of Courts. |
184. (1) On and after the 14th
day of June 1978, no Court having jurisdiction under the laws of Sierra
Leone shall, by virtue of the Colonial and Other Territories (Divorce
Jurisdiction) Act, 1926 to 1950, have jurisdiction to make a decree
for the dissolution of a marriage, or as incidental thereto to make
an order as to any matter, unless proceedings for the decree were
instituted before the commencement of this Constitution.
(2) Except as provided by subsection (1) and subject to any provision
to the contrary which may be made on or after the commencement of
this Constitution by or under any law made by any legislature established
for Sierra Leone, all courts having jurisdiction under the laws
of Sierra Leone shall on and after that day have the same jurisdiction
under the said Acts as they would have had if this Constitution
had not been passed.
(3) the reference in subsection (1) to proceedings for the dissolution
of a marriage includes references to proceedings for such a decree
of presumption of death and dissolution of marriage as is authorised
by section 1 of the Matrimonial Causes Act, 1950.
|
| Finance. |
185. The Public Funds known
as the Consolidated Fund and the Contingencies Fund established by
the existing Constitution shall respectively continue in being as
the Consolidated Fund and the Contingencies Fund established respectively
by sections 111 and 116 of this Constitution. |
| Financial Authorization. |
186. Every payment required
or authorised to be made out of a Public Fund under any law in force
immediately before the commencement of this Constitution is hereby
charged on that Fund. |
| Official Seals,
etc. |
187. The Public Seal, the seals
of the High Court, the Court of Appeal and the Supreme Court, together
with any duplicates thereof and any other official seal, as well as
any prescribed forms in use under any law in force immediately before
the commencement of this Constitution may be employed on and after
that date by the corresponding authorities under any law in force
at the said commencement and contained in the existing law. |
| Continuation
of the Police Forces Act No. 7 of 1964. |
188. The Sierra Leone Police
Force established by the Police Act, 1964 and in being immediately
before the commencement of this Constitution shall continue in being
thereafter and be deemed to be the Police Force of the Republic of
Sierra Leone and any law in force immediately before the commencement
of this Constitution in relation to the said Police Force shall have
effect accordingly. |
| Continuation
of the Military Forces Act No. 34 of 1961. |
189. The Republic of Sierra
Leone Military Forces established by the Sierra Leone Military Forces
Act, 1961 in being immediately before the commencement of this Constitution
shall continue in being thereafter and be deemed to be the Military
Forces of the Republic of Sierra Leone, and any law in force immediately
before the commencement of this Constitution in relation to the said
Military forces shall have effect accordingly. |
| Repeal of Act
No. 12 of 1978 and Savings. |
190. The Constitution of Sierra
Leone, 1978 is hereby repealed in so far as it affects the laws of
Sierra Leone;
Provided that notwithstanding such repeal, all laws made by virtue
of any authority therein contained shall l remain in full force
and effect to the same extent as if that Constitution had not been
repealed.
|
| Reprint. |
191. The President may within
a period of three years from the coming into force of this Constitution
cause these provisions to be reprinted and published without the transitional
provisions in this Constitution. |
Commence-
ment of Act No. 6 of 1991. |
192. This Act shall come into
operations on the 1st day of October, 1991, following the issuance
of a certificate by the Speaker in the form set out in the Fourth
Schedule that the provisions of section 55 or the existing Constitution
have been complied with. |
|