Law library · Sierra Leone · The National Land Commission Act, 2022
Section 1: In this Act, unless the context otherwise requires -
Status not yet checkedThe National Land Commission Act, 2022, Sierra Leone
"basic map" means a flat graphic representation of
the area of the earth's surface of interest, depicting
topologically true, the boundary fabric of landed
property with unique identifiers, and sufficient
geographic orientation features, produced by parasurveyors in consultation with local stakeholders in
the field, and certified by licenced surveyors,
applying a general boundary approach, and with
adequate levels of geometric accuracy;
"Board" means the Board established under section
4;
"Chairperson" means the Chairperson of the Board;
"Chiefdom Land Committee" means the Chiefdom
Land Committee established under section 48;
''Chief Registrar" means the Chief Registrar appointed
under section 64;
"Commission" means the National Land Commission
established under section 2;
"Commissioner-General" means the Commissioner-
General appointed under Section 18;
"Communal or Community land" means land subject
to customary law , owned and managed by a
community in any of the provinces in Sierra Leone
may include-
(a) wetlands;
(b) forests;
(c) grazing lands;
Interpretation.
79. (1) Land tenure disputes arising within the community
shall be referred to the Town or Village Area Land Committee or the
Chiefdom Land Committee for resolution.
(2) The Town or Village Area Land Committee and the
Chiefdom Land Committee shall address disputes in accordance
with their byelaws and shall comply with constitutional guarantees
on fair hearing and the principles of natural justice.
(3) A party that is dissatisfied with the outcome of a land
tenure dispute before a Town or Village Area Land Committee or
Chiefdom Land Committee may appeal to the District Land
(4) A party to a dispute before the District Land
Commission that is dissatisfied with the outcome may appeal to the
Magistrate Court.
(5) Any party to a dispute may apply directly to the Local
Court or any other appropriate court for redress.
80. (1) An investor shall set up a field level grievance redress
mechanism to address complaints relating to his operations.
(2) An investor shall-
(a) appoint a grievance officer;
(b) maintain a grievance register; and
(c) adopt diversified means of receiving
complaints
(3) Where a member of the community is not satisfied
with the result of the mechanism set up by an investor he shall take
the same complaint to another redress mechanism.
(4) An investor shall cooperate with all community-level
land tenure dispute resolution bodies when implicated in complaints
before these bodies.
Land Tenure
Disputes.
Field-level
grievance
Redress
(d) market areas;
(e) sacred sites;
(f) graveyards; and
community" means any settlement of people in a
village, chiefdom, town or city;
"community member'' means a male or female who is
ordinarily resident in a village, town or chiefdom
and include persons who-
(a) were born in the community;
(b) have married into the community;
(c) have moved to the community for any other
reasons
"customary land" means land owned, governed by, or
administered under customary law in the provinces;
"customary land rights" means the full range of primary
and secondary rights to land under customary law;
"customary law" means any rule other than a rule of
general law having the force of law in Sierra Leone
and by which rights and duties are acquired or
imposed in accordance with natural justice and equity
and in accordance with the provisions of the 1991
constitution or any other law applying to the
provinces including any amendment made to
customary law by any enactment;
"District Land Commission " means the District Land
Commission established under section 35;
(c) landowning families and the Town or Village
Area Land Committee; or
(d) two or more Town or Village Area Land
Committees.
(3) Where the dispute involves Chiefdom Land
Committees, the District Land Commission shall serve as the
adjudicating body.
(4) The Land Adjudication Tribunal shall consist of the
following three persons-
(a) one member of the Chiefdom Land Committee
who shall serve as the Chairperson; and
(b) two other persons selected by the Chiefdom
Land Committee.
(5) At least one of the members referred to under
subsection (3) shall be literate and responsible for keeping records
of the tribunal's proceedings and decisions.
(6) At least one of the members referred to under
subsection (3) shall be a woman.
(7) The Land Adjudication Tribunal shall gather the
necessary information from the parties to the dispute and issue its
findings on the validity of a land right within one month from the
date the matter is lodged with the Chiefdom Land Committee by
either party.
(8) Any party dissatisfied with the findings of the tribunal
on the grounds of abuse of rules or procedure may appeal to the
local court within one week of the tribunal's issuance of its findings.
(9) Where the tribunal finds a land right to be valid,
upon the expiration of the time period for appeal, the right shall be
entered into the registry by the authorised office and the title
document issued to the lawful owner
"District Registry" means the District Registry
established under section 66;
"ecologically sensitive areas" include-
(a) wetlands;
(b) wildlife habitats;
(c) steep slopes;
(d) virgin or old growth forest; and
(e) any other area designated as sensitive under
formal or customary law;
"family" means a group of persons tracing descent
from a common ancestor or persons who have married
into the family;
"family land" means land vested in and owned by a
family as a unit under customary law and
administered by a family head;
"Government land" (also known as State Land) means
(a) lands belonging to the Government by virtue
of any treaty, cession, conventions or
agreement;
(b) lands acquired by or on behalf of the
government in the Western Areas , the
Provinces or outside the jurisdiction of Sierra
Leone for any public purpose;
(c) land acquired under the Public Land Act
which incudes-
76. (1) The Chiefdom Land Committee and the Town or
Village Area Committee shall have the power to bring and defend
legal action in respect of their land and natural resources.
(2) The Town or Village Area Land Committee shall have
the first option to bring a legal action.
(3) Where multiple towns or villages are affected, they
may institute legal action individually, jointly or through the
chiefdom.
PART XI –LAND DISPUTE
77. (1) The Commission shall establish a grievance redress
mechanism whereby a person can challenge decisions of the
Commission in respect of land for which he has a right or claim.
(2) Any grievance redress mechanism established by the
Commission shall be effective, accessible and affordable to all, and
provide prompt resolution of and enforcement of outcomes of
disputes over tenure rights.
(3) Where a person is deprived of a land tenure right by
the government for a public purpose, compensation shall be provided
to that person irrespective of the resolution provided by any
grievance redress mechanism established by the Commission.
78. (1) The Commission shall set up within each Chiefdom
Land Committee a sub-committee to be known as the Land
Adjudication Tribunal.
(2) The Land Adjudication Tribunal shall adjudicate land
title disputes between the following parties prior to the registration
of title-
(a) members of the same family;
(b) two or more landowning families;
Legal action
Grievance
redress
Mechanism
Adjudication
Tribunals
No. 19 The National Land Commission Act 2022No. 19 The National Land Commission Act 2022 5
(i) shores;
(ii) beaches;
(iii) lagoons;
(iv) creeks;
(v) rivers;
(vi) estuaries and
(vii) other places and waters
belonging to and acquired by
the Government;
"investment" means an enterprise or undertaking for
the production of goods and services for commercial
purposes;
"land" includes land covered by water, any house,
building or structure whatsoever and any estate,
interest or right in, to or over land or water;
"lease agreement" means a grant of a specifically
defined area of land, in writing, for a term of years,
and containing an obligation to give consideration,
signed by the landowners as lessors and those
renting the land as lessees;
"Minister" means the Minister responsible for land
and "Ministry" shall be construed accordingly;
"paralegal" means a person who has completed basic
training and acquired key competencies and
qualifications in advising clients on the registration
of property rights and supporting them in preparation
of legal documentation required for land registration,
and is authorised by the Commission to work as a
paralegal for land registration purposes;
"para-surveyor" means a person qualified by
education, training, or work experience to perform
cadastral surveying work that requires knowledge
(5) The Commission shall determine the fee for land title
registration in the Western Urban and Western Rural Areas with
approval of the board.
71. The Chiefdom land Committee shall serve as a conduit
for-
(a) submission of application to the District Land
Commission;
(b) receiving registered title documents from the
District Land Commission ;and
(c) obtaining information contained in the
National Land Registry
Part X - Management of Communal Lands and Natural Resources
72. Communal land in a town or village that falls under the
category of public land shall be administered by the authorised
institution.
73. All the benefits of communal land and natural resources
shall belong to the community.
74. (1) Rules or bye-laws adopted by the Chiefdom Land
Committee shall apply to all villages within the chiefdom that have
not adopted their own bye-laws.
(2) Rules or bye-laws adopted by a Town or Village Area
Land Committee on land , natural resources and the environment
shall have priority of application and enforcement within the
particular village
75. Towns or Villages that have not established a Town or
Village Area Land Committee shall have their land and natural
resources managed and administered by the Chiefdom Council.
Public land
Submission of
Application
etc.
Benefits of
Communal
land
Rules or bye
Laws.
Nonestablishment
of Town or
Village Area
Committee
of surveying concepts, mapping techniques and
demarcation tools and authorised by the Commission
to undertake work as a para-surveyor;
"primary rights" means the right to exclude, transfer,
transact, bequeath, manage and make decisions
about the land;
"private land" means land vested in and owned by
(a) a community in the provinces;
(b) a family;
(c) an individual;
(d) group of individuals ;or
(e) other legal entity
"public land" means land reserved, held or used by
the government, local councils or communities for
public purposes and includes forest reserves,
community forests, national parks, community parks,
common grazing fields, wildlife sanctuaries, road
reserves and lands carrying public infrastructure and
similar land categories which are fully protected in
the long-term public and national interest;
"public purposes'' means -
(a) exclusive government use or for general
public use;
(b) in connection with sanitary improvements
of any kind including reclamations;
(c) in connection with the laying out of any new
Government station or the extension or
improvement of any existing Government
station;
6 39
(2) Where the instruments referred to under subsection
(1) are unavailable the Commission shall determine types of oral or
landscape based evidence which may serve as prima facie evidence
of a land tenure right.
(3) Except where the right or its registration was obtained
by fraud or dishonesty, earlier registered rights shall be considered
superior to later registered rights.
(4) The Commission shall by Statutary Instrument make
regulations setting out the processes for challenging a land right
claim or registration of the right on the basis that it was obtained by
fraud or dishonesty.
68. Any family or community wishing to register its land may
request the assistance of a community specialist paralegal or parasurveyor.
69. Non-registration of any land subject to customary law
shall not invalidate title or ownership of the land.
70. (1) The Commission shall determine the cost of registration
and the manner and time frame within which title and the various
rights and interest in or over customary land shall be registered.
(2) The cost of registration of customary land shall not
be prohibitive.
(3) The registration fee shall be reduced or waived for
persons whose monthly income does not exceed the minimum
monthly wage.
(4) The Commission shall determine and periodically
review the amount of the fee collected from registrants of title to land
in Sierra Leone, as well as criteria for fee waivers on the basis of
financial need with the approval of the Board.
Assistance to
register Land
Non
registration
of Land
Cost of
registration
(d) obtaining control over land contiguous to
any port or airport;
(e) obtaining control over land required for
defence purposes;
(f) obtaining control over land required for civil
aviation purposes
(g) obtaining control over land the value of which
will be enhanced by the construction of any
railway, road or other public work or
convenience about to be undertaken or
provided by the Government;
"secondary rights" include
(a) right of way;
(b) right of access to use natural resources
located on land shared by more than one
community such as permanent or seasonal
access rights which include-
(i) right to use the land for pasture or
agriculture;
(ii) right to use trees or collect firewood in
the forest;
(iii) the right to travel across the land or
water ;
(iv) the right to drive cattle across an area
to obtain water from a river
(c) for land acquired by individuals the following
shall be complied withi. preparation of a basic map of the land
area;
ii. two signed copies of the signed
instrument of transfer
66. (1) The instrument of transfer referred to under subparagraph (ii) of paragraph (c) of section 72 shall be endorsed by an
authorised member of the Chiefdom Land Committee and the Chief
Administrator of the District Council.
(2) An instrument of transfer that is not signed and
endorsed as stipulated under subsection (1) shall not be registered
by the District Land Commission.
(3) The Commission shall establish the maximum fee that
an authorised member of the Chiefdom Land Committee and the
Chief Administrator of the District Council may charge for
endorsement of the instrument of transfer.
67. (1) The following registered instruments may serve as
prima facie evidence of a land tenure right-
(a) a title deed;
(b) a customary land title certificate;
(c) a lease agreement;
(d) a mortgage deed; or
(e) any other document memorialising a
proprietary or use right under general or
customary law.
Instrument
of transfer.
Land tenure
rights.
No. 19 The National Land Commission Act 2022No. 19 The National Land Commission Act 2022 37
PART IX–REGISTRATION OF CUSTOMARY LAND
65. The requirements for registration of customary land shall
include the following-
(a) for family land the following shall be complied
withi. preparation of a basic map of the land
area;
ii. signed boundary harmonisation
agreement with neighbouring land
owners;
iii. the planting of trees or other natural
physical markers to delineate the land;
(b) for community land the following shall be
complied withi. adoption of community rules to govern
the use of the land area, including rules
for the protection of the environment
and rules relating to governance and
decision-making, including negotiations with outsiders;
ii. preparation of a basic map of the land
area;
iii. establishment of a Village Area land
Committee;
iv. signed boundary harmonisation
agreement with neighbouring
communities;
v. the planting of trees or other natural
physical markers to delineate the land
Registration
of land subject
to customary
law.
""survey" means the gathering of data concerning a
land parcel in order to determine the relative position
of boundary corners or physical and cultural features
above, on, or beneath the surface of the Earth, and
document property boundaries and to depict them
in a usable form known as plan or map, using "fit for
purpose" surveying technologies and participatory
methodologies ensuring adequate levels of data
quality for variations in density of settlement, parcel
size and topography, (with generally higher degrees
of geometric accuracy for high-value, small size urban
parcels, and generally lower degrees of geometric
accuracy for lower-value, larger size rural parcels);
"Town or Village Land Committee" means a Town or
Village Area Land Committee established under
section 55.
PART II–ESTABLISHMENT OF NATIONAL LAND COMMISSION
2 (1) There is hereby established a commission to be known
as the National Land Commission.
(2) The Commission shall be a body corporate with
perpetual succession and power to acquire , hold and dispose of
property whether movable or or immovable , charge fees for services
provided, enter into contracts, sue and be sued in it corporate name
and subject to this Act do all things which a body corporate may
lawfully do.
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