NPRC DECREE N0.17 1994

DECREES Supplement to the Sierra Leone Gazette Vol. CXXV, No. 54 dated 10th November, 1994 N.P.R.C. Decree No. 17 1994 Sierra Leone The Law Reform Commission Decree, 1994 [Margin: Short title.] Being a Decree to establish a Law Reform Commission and for other related matters. [10th November, 1994] [Margin: Date of Commencement.] PURSUANT to paragraph 3 of the Proclamation entitled "The Administration of Sierra Leone (National Provisional Ruling Council) Proclamation, 1992", the National Provisional Ruling Council makes and issues the following Decree—

There shall be established a body to be known as the Law Reform Commission (hereafter referred to as "the Commission"). [Margin: Establishment of Law Reform Commission.]

2 No. 17 The Law Reform Commission Decree 1994 (a) a chairman who is a person qualified to hold the highest judicial office; (b) a judge of the Superior Court of Judicature nominated by the Chief Justice; (c) a representative of the Attorney-General and Secretary of State for Judicial Affairs; (d) two representatives of the Sierra Leone Bar Association; (e) the Director of the Sierra Leone Law School; and (f) a representative of the Faculty of Law, University of Sierra Leone. (2) Members of the Commission shall hold office for three years and after that shall be eligible for re-appointment. (3) Members of the Commission shall be appointed by the National Provisional Ruling Council on such terms and conditions as may be contained in their letters of appointment. (4) The Chairman or any other member of the Commission may by writing addressed to the Attorney-General and Secretary of State for Judicial Affairs resign his office and may for good cause be removed from office by the appointing authority. (5) The Commission may co-opt any person to advise it on any matter before it but such co-opted person shall not vote on any matter for decision by the Commission. [Margin: Functions of Commission.] 3. (1) The Commission — (a) shall keep under review all legislation in force in Sierra Leone for the purpose of reforming, developing, consolidating or codifying the law; (b) shall prepare and present to the Attorney-General and Secretary of State for Judicial No. 17 The Law Reform Commission Decree 1994 3 Affairs programmes for the examination of any existing legislation with a view to drafting recommendations for its reform, including recommendations as to the manner in which such examination shall be carried out; (c) shall prepare, at the request of the Attorney-General and Secretary of State for Judicial Affairs and for his approval, comprehensive programmes for the consolidati n or revision of existing legislation; and (d) may receive and consider any proposal for the reform of the law. (2) The recommendations referred to in paragraph (b) of subsection (2) shall be made with a view to — (a) eliminating anomalies in any legislation; (b) repealing obsolete and outdated legislation; (c) revising existing legislation; or (d) introducing new legislation. (3) The Commission may appoint Committees consisting of members or non-members of the Commission to study in detail and make recommendations to it on any legal field of study in which such persons may have specialised or expert knowledge. (4) Non-Commission members of any committee appointed by the Commission shall be paid such allowances as the Commission may determine.

(1) The Commission shall meet for despatch of business at such time and place as the Chairman may determine. [Margin: Meetings of Commission.] (2) Subject to this Decree, the Commission shall regulate the procedure for its meetings. (3) The quorum for a meeting of the Commission shall be five. 4 No. 17 The Law Reform Commission Decree 1994 (4) Decisions of the Commission shall be taken by a simple majority of the members present and voting and in the event of equality of votes the Chairman shall have a casting vote. [Margin: Secretariat of Commission.] 5. (1) There shall be set up a Secretariat of the Commission. (2) The Secretariat shall comprise a Secretary and other employees, all to be appointed by the Commission on such terms and conditions as the Commission may determine. (3) The Secretary shall be a legal practitioner who has been entitled to practise as a Barrister and Solicitor for a period of not less than five years and shall — (a) be responsible for the day-to-day administration of the affairs of the Commission; (b) record minutes of meetings of the Commission in a book kept for that purpose; (c) oversee the work of the other persons employed by the Commission under sub-section (2); and (d) perform such other duties as the Commission may direct. [Margin: Appointment of Legal Researchers.] 6. (1) The Commission shall, without prejudice to subsection (2) of section 5, appoint legal practitioners with the requisite knowledge and experience to be Legal Researchers. (2) The appointments made under subsection (1) shall be on such terms and conditions as the Commission may determine. [Margin: Funds of Commission.] 7. The Government shall from time to time provide such funds as may be required for the running of the Commission. [Margin: Accounts of Commission.] 8. (1) The Commission shall keep proper accounts and proper records in relation to its accounts. No. 17 The Law Reform Commission Decree 1994 5 (2) The accounts shall be audited annually by the Auditor-General or an independent auditor appointed by the Commission with the Auditor-General's approval.

(1) The Commission shall submit to the Attorney-General and Secretary of State for Judicial Affairs within three months after the end of each year a report on its activities during the preceding year. [Margin: Commission to submit reports.] (2) The Attorney-General shall present the report of the Commission together with any comments he may make on it to the National Provisional Ruling Council.

The National Provisional Ruling Council, in consultation with the Commission, may make rules and regulations providing for the manner in which proposals for reform of the law may be received and dealt with by the Commission and for the better carrying out of the Commission's functions. [Margin: Regulations.]

MADE AND ISSUED this 3rd day of November, 1994 CAPTAIN VALENTINE E. M. STRASSER Chairman, National Provisional Ruling Council.