LOCAL COURTS AСT, 1963

A 141 LOCAL COURTS ACT, 1963 ARRANGEMENT OF SECTIONS Section PART I—PRELIMINARY

PART II—CONSTITUTION AND ADMINISTRATION 12. Power to establish additional Courts and to suppress Courts no longer required PART III—JURISDICTION, ETC. 16. Additional Criminal jurisdiction may be conferred by Order of the Governor-General PART IV—PROCEDURE AND POWERS OF LOCAL COURTS 28. Power to appoint a receiver. PART V—APPEALS 33. Powers of Appeal Courts A 142 PART VI—CONTROL BY JUDICIAL ADVISER 39. Orders of Reviewing Officer PART VII—OFFENCES 47. Falsification of Records PART VIII—MISCELLANEOUS 50. Repeals and savings. A 143 Assented to in Her Majesty's name this 21st day of June, 1963. H. J. L. BOSTON, Governor-General. (LS) No. 20 1963 [Coat of Arms: UNITY FREEDOM JUSTICE] Sierra Leone An Act to Consolidate and Amend the Law relating to the Local Courts, to Provide for the Extension of their Jurisdiction and for the Hearing of Appeals from such Courts and to make Certain Incidental and Consequential Provisions for the Administration of Justice in the Provinces [12th March, 1964.] [Margin: Date of commencement.] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same, as follows:— PART I—PRELIMINARY [Margin: Short title and application.]

A 144 No. 20 Local Courts 1963 [Margin: Interpretation.]

"customary law" means any rule, other than a rule of general law, having the force of law in any chiefdom of the Provinces whereby rights and correlative duties have been acquired or imposed which is applicable in any particular case and conforms with natural justice and equity and not incompatible, either directly or indirectly, with any enactment applying to the Provinces, and includes any amendments of customary law made in accordance with the provisions of any enactment; "District Officer" includes an Assistant District Officer; "general law" includes the common law, equity and all enactments in force in Sierra Leone except in so far as they are concerned with customary law; "Judicial Adviser" means any person appointed as such by the Public Service Commission and includes an Assistant Judicial Adviser so appointed; [Margin: [illegible] 19/74] "Minister" means the Minister responsible for legal and judicial matters. [Margin: Change of nomenclature.]

The existing Native Courts and Group Native Appeal Courts are hereby re-designated Local Courts and Group Local Appeal Courts and the term "Local" is hereby substituted for the term "Native" in every designation of any such courts in any existing enactment. PART II—ADMINISTRATION AND APPOINTMENTS [Margin: Minister may appoint President.]

(1) The Minister may from time to time appoint a President and a Vice-President and such other members of a Local Court or Group Local Appeal Court as he shall think fit. (2) Before entering on his functions every President, Vice-President or other member of any such court shall take and subscribe before such person as the Minister may direct an oath in the form set out in the Schedule. (3) Subject to the provisions of section 5 the Presidents, Vice-Presidents and Court Members shall be appointed for a period of three years and shall be eligible for re-appointment. [Margin: Minister may suspend or dismiss a court member.]

The Minister or any person or body authorized by him in that behalf may dismiss or suspend any member of a Local Court or Group Local Appeal Court who shall appear to have abused his power or to be unworthy or incapable of exercising the same justly, or for other sufficient reason. On such dismissal or for the period of his suspension the member shall be disqualified from exercising any powers of jurisdiction unless and until he is expressly re-instated by the Minister or a person or body authorized by him in that behalf. No. 20 Local Courts 1963 A 145 [Margin: Appointment of officers of Local Courts.]

A Clerk, bailiff and such other officers as in the opinion of the Minister the business of the Local Court may require shall be appointed to every Local Court by the Tribal Authority of the Chiefdom in which the Court is situated, and in the case of Group Appeal Court by the Minister. [Margin: Terms and conditions of service of officers to be approved by Minister.]

The appointment, promotion, transfer, termination of appointment, dismissal, disciplinary control and terms of service of the clerk and other officers of a Local Court or Group Local Appeal Court shall be subject to the approval of the Minister, and no person may be appointed to any office under any such Court unless he shall have complied with such Rules concerning proficiency as may from time to time be made by the Minister. [Margin: Duties of clerk.]

(1) The clerk shall perform such duties as may be assigned to him by Rules made under this Act or, subject thereto, by any direction of the Local Court or Group Appeal Court and, in particular he shall— (a) prepare and issue all warrants, writs and processes; (b) record all proceedings of the Court; (c) register all orders and judgments of the Court; (d) keep an account of all moneys received or paid by the Court. (2) Subject to the approval of the President of the Court the clerk may delegate any of his duties under this section to any other officer or servant of the court who shall perform the same in accordance with such directions as he shall receive from the clerk. [Margin: Duties of bailiff.]

(1) The bailiff shall perform such duties as may be assigned to him by Rules made under this Act, or subject thereto, by any direction of the Local Court or Group Appeal Court and in particular he shall— (a) effect the service or execution of all writs and other processes which he may receive from the Court; (b) make all necessary returns in relation to such writs and processes; (c) at all times when he is not engaged on duties which necessitate his absence from the court attend thereat and obey all lawful directions of the court. (2) The Local Court may appoint one or more members of the Chiefdom Police to assist the Bailiff in the exercise of his functions and any member of the Chiefdom Police who shall be in possesion of any process shall be presumed to be authorized to execute such process unless the contrary is proved. (3) The provisions of subsection (2) shall apply with the like effect to the appointment of a member or members of the Tribal Authority but only in matters relating to the criminal jurisdiction of the Court. A 146 No. 20 Local Courts 1963 [Margin: Indemnity of judges and officers of the Local Courts.]

(a) no member of a Local Court or Group Local Appeal Court shall be liable to be sued in any civil Court for any act done by him within the territorial limits of his jurisdiction in the exercise of his judicial duty, or for any order made by him in the discharge of such duty, nor shall any order for costs be made against him: Provided that he at the time reasonably and in good faith believed himself to have the jurisdiction to do or order the act complained of; and (b) no officer of any Local Court or Group Local Appeal Court or other person bound to execute lawful warrants or orders of any such Court shall be liable to be sued in a civil court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the Court issuing the same. (2) Where as a result of any proceedings any member or officer of any such Court or any such other person as is mentioned in paragraph (b) of subsection (1) is required to pay such compensation as is referred to in subsection (4) of section 13 of the Constitution and the said member, officer or other person can show that he reasonably and in good faith believed that he had jurisdiction, or, as the case may be, that the Local Court or Group Local Appeal Court had jurisdiction to issue the warrant or order under which he acted, he shall be entitled to receive from the Accountant-General the amount of compensation he has paid by virtue of any judgment against him in any such proceedings and any such sums paid by the Accountant-General shall be charged on the Consolidated Revenue Fund. [Margin: Sessions.]

A Local Court or Group Local Appeal Court shall hold sessions at such times and places as the Tribal Authorities of the Chiefdom or Chiefdoms consider necessary for the convenient and speedy despatch of the business of the Court: Provided that the Minister or any person or body authorized by him in that behalf may direct sessions to be held at such times and places as he or it shall think fit. [Margin: Power to establish additional courts or to suppress courts which are not required.]

The Minister may by Order establish any additional Local Courts or Group Local Appeal Courts that may be required or direct that any Local Court or Group Local Appeal Court which is no longer required shall cease to exercise jurisdiction and such Court or Courts shall thereupon cease to exercise jurisdiction. No. 20 Local Courts 1963 A 147 PART III—JURISDICTION [Margin: Jurisdiction.] [Margin: Act 22/65]

(a) to administer the estates of deceased persons, so far as they are situated within the jurisdiction of the Courts and the administration of which is governed by customary law; (b) to hear and determine— (i) all civil cases governed by customary law other than cases between Paramount Chiefs or Tribal Authorities involving a question of title to land; (ii) all civil cases governed by the general law where the claim, debt, duty or matter in dispute does not exceed two hundred pounds in value, whether on balance of account or otherwise, or in claims for recovery of possession where the annual rental value of the property does not exceed twenty-five pounds and the term of the lease does not exceed five years: Provided that the jurisdiction under this sub-paragraph shall not extend to any of the following cases— (aa) cases relating to the civil status of any person; (bb) cases relating to the administration or devolution of the estates of deceased persons; (cc) any case in which the Government, a company or a public officer acting in his official capacity is a party; (dd) any action founded upon libel, slander, false imprisonment, malicious prosecution, seduction, or breach of promise of marriage; [Margin: [illegible]] (c) to hear and determine all criminal cases where the maximum punishment which may be imposed does not exceed a fine of fifty pounds or imprisonment for a period of six months or both such fine and such imprisonment. (2) The jurisdiction conferred by this section shall apply to all persons within the limits of the Court's jurisdiction and where there is no provision of customary law the general law shall apply. [Margin: Place of trial and transfer.] [Margin: [illegible]]

(1) Subject to the provisions of section 13 a Local Court shall have jurisdiction to do all lawful acts necessary to hear and determine all civil and criminal matters arising within the local limits of its authority or transferred to it by the Judicial Adviser under the provisions of subsection (2). A 148 No. 20 Local Courts 1963 (2) The Judicial Adviser or a District Appeal Court may of their own motion or on the application of a Local Court or any party to the proceedings for reasonable cause transfer any proceedings initiated before a Local Court to another Local Court, a Magistrate's Court or the District Appeal Court as shall in all the circumstances appear most expedient and any proceedings so transferred shall be commenced de novo. (3) Notice of any application made by a party under subsection (2) shall be given at the office of the Local Court before which the proceedings have been commenced. [Margin: Representation.]

Provided that the Court may in cases of hardship where a party cannot be present in person permit the absent party to be represented by a spouse, guardian or relative duly authorized by him in that behalf. [Margin: Additional criminal jurisdiction may be conferred by Order of Governor-General.]

In addition to the jurisdiction conferred by section 13 the Governor-General may by Order confer on all or any Local Courts jurisdiction to enforce all or any of the provisions of any Act creating criminal offences: Provided that the penalties actually imposed shall not exceed a fine of fifty pounds or imprisonment for a period of six months or both such fine and such imprisonment. PART IV—PROCEDURE AND POWERS OF LOCAL COURTS [Margin: Practice and procedure.]

Subject to the provisions of this Act and any Rules made under section 49 the procedure and practice of Local Courts shall be governed by customary law.[Margin: Proceedings to be held in open Court.]

The room or place in which a Local Court sits shall be an open or public court to which members of the public may have access so long as they shall be of good behaviour and so far as it may conveniently contain them: Provided that a Local Court may exclude members of the public in cases where young persons are involved or where the administration of justice would be rendered impracticable by presence of the public. [Margin: Courts power to make Orders and impose punishment.]

(1) A Local Court, acting within the limits of its jurisdiction, may make the like orders and impose the like punishments as may be made or imposed in a Magistrate's Court and (without prejudice to the generality of the fore-going) may in particular— (a) in criminal cases— [Margin: Compensation.] (i) in addition to the imposition of a fine or the infliction of a term of imprisonment order any person convicted before it of any offence, if it is No. 20 Local Courts 1963 A 149 of the opinion that the person or property of the prosecutor has received damage by the committing of such offence and the prosecutor so requests, to pay to the prosecutor such sum as shall appear to the Court to be reasonable amends not exceeding five pounds: [Margin: Le200] Provided that the award of such amends shall be a bar to all further proceedings in respect of the damage so received; (ii) direct any fine (or such part thereof as it shall deem fit) to be paid to any person injured or aggrieved by the act or omission in respect of which the fine has been imposed on condition that such person, if he shall accept the same, shall not be entitled to recover damages for any loss or injury sustained by him by reason of such act or omission; [Margin: Costs payable by party convicted.] (iii) order any person convicted before it to pay all or any specified part of the expenses of his prosecution; [Margin: Costs to be paid by prosecutor in certain cases.] (iv) where it appears to the Court that a charge is malicious, frivolous or vexatious, order the prosecutor to pay all, or any specified part, of the expenses of the prosecution or the defence; (v) when exercising the powers conferred upon it by sub-paragraphs (iii) and (iv) order the whole or such proportion as the Court thinks fit of the expenses so paid, to be paid over to the prosecutor or the accused as the case may be: Provided that any amends, or expenses awarded under sub-paragraphs (i), (iii) or (iv) shall not be regarded as a penalty, but shall be recoverable as a judgment debt in the Court by which the order for payment is made but nothing in this proviso shall in any way affect or limit the powers conferred upon the Court by section 20; (b) in civil cases— (i) order the payment of money due, damages, compensation, and reasonable costs and expenses incurred by the successful party and his witnesses; (ii) order the recovery of possession of land and the restitution of property; A 150 No. 20 Local Courts 1963 (iii) grant interlocutory and final injunctions and order specific performance in appropriate cases according to custom and precedent; (iv) where necessary make any other order which the justice of the case may require. (2) A Local Court shall have no jurisdiction to impose any punishment not expressly authorized under this Act or any other enactment. [Margin: Restitution of property.]

(1) Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may, if it thinks fit, order that the property or a part thereof be restored to him or to such other person as he may direct. (2) Where any person is convicted of having stolen or otherwise dishonestly or wrongfully obtained any property the Court convicting him may order that the property or a part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is, of any sum named in such order. (3) Subsection (2) shall not apply to— (a) any valuable security which has been bona fide paid or discharged by any person liable to pay or discharge the same; or (b) any negotiable instrument which shall have been bona fide received by transfer or delivery by any person for a just and valuable consideration without notice, or without any reasonable cause to suspect, that it has been stolen or otherwise dishonestly obtained; or [Margin: 6 and 7 Geo. V Cap. 50.] (c) any offence against sections 20, 21 and 22 of the Larceny Act, 1916. (4) On the restitution of any stolen property if it appears to the Court by the evidence that the person convicted has sold the stolen property to any person, and that such person had no knowledge that the same was stolen and that any moneys have been taken from the person convicted on his apprehension under subsection (1), the Court may, on the application of such purchaser, order that out of such moneys a sum not exceeding the proceeds of such sale be delivered to such purchaser. [Margin: Witnesses.]

(a) to require any person actually before the Court to give evidence in any case and to answer any question put to him by the Court; and (b) to summon before the Court for the purpose of giving or producing evidence any person in Sierra Leone;