The Sierra Leone Legal System.
Basic Concept of The Sierra Leone Legal System.
The Sierra Leone legal system encompasses a combination of the Constitution, common law, statutory law, and customary law. A two-tiered system of Common Law based on the British system and local customary law characterizes the legal system. Being a former British Colony, Sierra Leone received laws from Britain.
Sierra Leone’s historical legal development can be divided into two phases. Earlier, there was the protectorate; but before the establishment of this, it was an area ruled by the natives themselves. Part of this territory was ceded for settlers and with time, the original area as distinct from the protectorate became known as the provinces and at other times as regions.
Prior to the advent of colonialism, the chiefs governed with a set of rules. The Paramount Chief was the senior chief, followed by the Town Chief and the Section Chief. In 1963 a new Act, the Local Courts Act, was enacted. This Act guaranteed amongst other things that Local Courts will have the jurisdiction to administer the estates of deceased persons (Section 13(1)). It is further if Letters of Administration should be taken out to administer the property of deceased persons. The criteria for this are that one should be a native and must be subject to customary law.
The Arms of Government
The current system of government in Sierra Leone, established under the Constitution of Sierra Leone,1991, Act No.6 of 1991, is modeled largely on the presidential system with the following branches of government:
The Legislature
The Executive
The Judiciary
Each organ or arm of government is distinctly provided for without reference to the other. However, the Constitution provides for checks and functional overlaps in the mechanism of government. Within the confines of the 1991 Constitution of Sierra Leone, supreme legislative powers are vested in Parliament, which is the lawmaking body of the land. Supreme executive authority rests in the President and members of his cabinet, and judicial power with the judiciary of which the Chief Justice is head.
Sources of Law in Sierra Leone
The Sierra Leone legal system encompasses a combination of the Constitution, common law, statutory law, and customary law. A two-tiered system of Common Law based on the British system and local customary law characterizes the legal system.
Being a former British Colony, Sierra Leone received laws from Britain. This is guaranteed under Section 74 of the Courts Act 1965 which states that, subject to the provision of the Constitution, the common law and statutes of general application in England before the 1st day of January 1880 shall automatically be part of the common law of Sierra Leone.
Article 170(1) of the 1991 Constitution of Sierra Leone, Act No 6 states that the laws of Sierra Leone shall comprise the following:
THE CONSTITUTION OF SIERRA LEONE, 1991, ACT NO.6 OF 1991, Section 170 (1) (a), (b), (c), (d), (e) and (2).
The Laws of Sierra Leone shall comprise of—
a. this constitution;
b. Laws made by or under the authority of Parliament as established by the Constitution;
c. any orders, rules, regulations and other statutory instruments made by any person or authority pursuant to a power conferred in that behalf by this Constitution or any other law;
d. The existing law; and
e. the common law .
2. The common law of Sierra leone shall comprises the rules of law generally known as the common law, the rules of law generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of judicature.
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