Citizens transfer or receive as gift any interest in land in Sierra Leone Non-citizens interest in Land 4 Non-citizens interest in Land is only limited to Leasehold. (During consultations citizens profoundly recommended cap limitation on size and timeframe for non-citizens interest in land. Also land preservation and conservation use by investors must also protect the environment and local communities/population. (Position papers - National Land Policy, Human rights Commission, 50:50 Group, Dr Joe A.D. Alie also recommended the same) Tenure system 6 This issue continues to pose tremendous division and hence considering various position papers, consultations held with the general public, the CRC brings the matter back to the people for further deliberation Note: However CRC plenary agrees to harmonise the two tenure systems pending the outcome of these deliberations Challenges: Harmonization or Status quo Referred back to the people during the validation process Compulsory Acquisition The Government or a local government may, subject to this Constitution, acquire land in the public interest; and the conditions governing such acquisition shall be prescribed by Parliament. In pursuance therefore this Constitution guarantees the following: In the use and enjoyment of land or interest in land, a person(s) shall not be deprived thereof except in accordance with law and/or the principles of, fundamental justice’. that nothing shall preclude the enactment of or renders invalid laws controlling or restricting the use of land in the public
III The Recognition and Protection of Human Rights and Freedoms of the Individual The CRC endorses the recommendation in PTCR that the word “fundamental” should be deleted from the marginal note and Title of this Chapter on the grounds that all human rights are fundamental.
Executive Powers Exercise of Authority in Sierra Leone 53 No proposed change Vice President 54 No proposed changes to subsections 54 (1) – (7) but an additional clause to be incorporated to read: “Loss of party membership shall not nullify from Office a sitting President or Vice president” which may be a new subsection (9) of section 54. This to be taken to the plenary and considered with S 49 (1) above The rational for this is, upon taking Office, the said individuals are public servants of the entire nation and not solely for the political parties on whose ticket they were elected. Intra party politics should not be encouraged to determine the fate of public elected officials. Vacancy in the Office of Vice President 55 A new subsection (e) has been proposed for Section 55 which reads as follows; (e) if he voluntarily ceases to be a member of the political party of which he was a member at the time of election to office. The CRC recommends accepting the proposal made in the PTCR to add a new section 55 (e) to read “if he voluntarily ceases to be a member of the political party of which he was a member at the time of election to office.” Ministers and Deputy Ministers of Government. 56 No proposed change Oaths to be Taken by Ministers 57 No proposed change Ministerial Vacancies 58 No proposed change Establishment of Cabinet. 59 No proposed change Collective 60 No proposed change
mind; or 76 (1) d if he has been convicted and sentenced for an offence which involves misconduct or dishonesty; or There is a recommendation that this be dealt with by subsidiary legislation and that dishonesty and misconduct be included 76 (1) h if he is under a sentence of death imposed on him by any court; or The CRC recommends this subsection should be deleted because it is redundant since the operative words are “for the time being” Tenure of Members of Parliament (1) k 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 (K) The CRC recommends the word ‘voluntarily’ should be added before the word “ceases” and with justifiable reasons or evidence which shall be given by the Political Party. 77 (1) l 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 (L) The CRC recommends including the word “persistently” after “by” and before “sitting”. continue to include the following text after the word ‘party’ and before’ that’ and “upon sufficient evidence” and continue to also recommends “when declared bankrupt by a competent Court of Law” (1) N if he accepts office as Ambassador or High Commissioner for Sierra Leone or any employment with an International or Regional Organization. The CRC recommends a change of the word “any position” to “employment” 77 (1) O A proposed recall clause The CRC recommends that a new section be added as a recall clause for non-performing parliamentarians 77 (2) Any member of Parliament who has been adjudged to be a lunatic, declared to be of unsound mind, or The CRC recommends the addition of other socio- criminal offenses for which the death penalty is not
(2) where the Chief Justice disapproves the taking of any job for remuneration under subsection (4), the Judge concerned may appeal to the Judicial and Legal Service Commission. Oath of Office of Judges 139 Remains the same as section 139 of the 1991 constitution. Judicial and legal Services Commission 140 Subsection (1) of section 140 was amended and reads as follows- There shall be established a Judicial and Legal Service Commission which shall advise the Chief Justice in the performance of his administrative functions and perform such other functions as provided in this Constitution or by any other law, and which shall consist of- (a) the Chief Justice; (b) the two most senior Justices of the Supreme Court; (c) The most Senior Justice of the Court of Appeal; (d) the most senior judge of the High Court; (e) Solicitor –General; (f) 2 practising Counsel of not less than 10 years standing and nominated by the Sierra Leonean Bar Association and appointed by the President; (g) Director-General of HRMO; (h) Financial Secretary; and (i) 2 other persons not being a legal practitioner to be appointed by President subject to the approval of Parliament Subsection (2) remains the same. The CRC recommends expanding the composition as follows: a) the Chief Justice; (b) the two most Justices of the Supreme Court; (c) The Most Senior Justice of the Court of Appeal; (d) the most senior judge of the High Court; (e)Solicitor General; (f) 2 practising Counsel of not less than 10 years standing and nominated by the Sierra Leonean Bar Association and appointed by the President; (g) Director-General of HRMO; (h) Financial Secretary; and (i) 2 other persons not being a legal practitioner to be appointed by President subject to the approval of Parliament 140 (3)The CRC recommends that the members referred to in paragraph b,c,d in subsection 1 shall hold office for a maximum of three years and thereafter the next most senior Justice or Judge shall