Agency Act, 2024

Stpplement to the Sierra ACT Leone Gazette Yol. CLXY, No. )l dated 2n<1 May, 2O24 THE NAIIONAL MOMIORING AND EVALUAflO'( AGENCY ACT, 2024 ARRANGEMENT OF SECNOT{' Sections p6q11-pxBLpaNARY l. lnterpretation PART tr. ESTABLISHMENT OF TIIE NATIONAL MONITORING AND EVALUATION AGENCY Nafional Monitoring and Evaluation Agency. Narional MonitoriDg and Evaluation Agency Board' Tenure ofmembers. Meetings of Board Disclosure of iDterest. lmmunity of rncmbers CorlDifiees ofBoad. Functions ofBoard. Rernunerdion of members- Filling ofvacancies. z

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lt. l No.3 The Notional ^,loltitoring atd Elaluation AgencY Act' 2021 PART IU. FUNCTIONS OF T}IE AGENCY. -'

PARTIV.

ADMINISTRATIVE PROVISIONS

PARTV.FINANCIAL

22 Internal audit' PROVISIONS PAnl[ VI -MISCELL{NEOUS PROVISIoNS 23 Otfence and PenaltY' Z. Regulatims'

Srcnro this 2*d day of Apri!, 2024. DR. JULIUS MAADA BIO, President. No. 3 2024 Sierra Leone T}IE NAIIONAL MONIIORING .{ND EVALUAIION AGEIYCY ShOTt TiTIC ACT,2024 Being a n Act to make pmvision for the €st blbhmentofthe Nrtbnal Monitoring aod EvrluationAgetrcy as a scmi-autonomous body with authority to eosure greater accountabilily end transparcocy in the dbbursement and use ofpublt funds, to proviie for thc promotion ofemci€ncy and elTectiveness in the delivery of prog:mmes and pmj€cts to optimise impact snd to pruvi.te for other r€htcd maflers. t J Datc of com mencemeIlt_ ENACTED by the hesident and Members ofparliament in this present Parliament assembled. @ 2 No' 3 hlonitonng and Evoluot io AgencY fhe Notioral PART 1-PRELIIVmIARY In this Act unless the context otherwise requfes - Aet. 2024 ary office, employm€nt or contract; any Paymeor, discharge or liquidation ofany nadvantage'r includes- "- [, i:*ffi,I",:;;'*'rilTffi :,'LTffi or intere$ in ProPertY; .!, o) (.) loan; and (d) any other benefit or favour other than entertainnrent; nitoring and "f#3;.1;H;Y*"JIl?1"11 "*".",*",l"Hilil"YHj:HTi'T'*0" fl*i{:'J'ffiH'ffipi-;lt 'd-l*",T,f*{ri'}i'"$-,'$iffi "t.*a .o-"if" III"a* the-local^corrncil established bY the Local Govemmenl Ac\ zvLL' *******Xm,il#ixj":hT;ofEc.er hlcrprctatioT ' No.3 The ng and E,-aluation Act. 2021 "Minister" means the Minister designated by the President for the administration ofthis Act; "public sector" includes- (a) &e Govemment; (b) Pa-liament (c) Ministry, Department Ageffy, the Districr and City Council and any other local authority; (d) a company in which the Govemment is a shareholder; (e) a committee or other body of persons, whether paid or upai4 appointed iy or on behalfofthe Government or local ar.rthority; (0 an educatioDal or similar institution financed wholly or panly from public funds; and G) an organisation, whether local or foreign, esablished to render voluntary social .service ro the public or for other charitable purposes, which receives funds or other donation firr the benefir ofthe people of Sierra Leone or a seclion thereof; "public corporatioi" means a corporation established by an Act of parliament or out of monels provided by Parliament and includes a company which is wholly owned by the Govemment or in whic;r the Covernment is a major shareholder; "public officer" meaas a person holding or acting in a public ofhce; 4 No3 The National Monitoing and Evaluqtion Agency Act 2024 "public office" includes an office the emoluments attaching to which are paid directly fiom the Consolidated Fund or directly out of moneys provided by Parliament; "privat€ sector" means the non-govemmental Part of the economy of Sierm Leone which consists of industries and commercial companies that are run by individuals or corporations for profit or not for profiL PART tr. ESTABLISHMENT OT'THE NATIONAL MONITORING A}IDEVALUATIONAGENCY Moriroring snd Evaluation

Motritoring and Evaluation Directorate, established by the Finame ecL ZO t 9 (eit No . 2 of 2ol9\, as the National Monitoring and EYa.luation Agency. ' (2) The Agency shall be a body corporate having perpetual succession, a cornmoD seal and capable of acquiring' irolding and disposing of property, whether movable or immovable' and of suing and being sued in its corPonte name an{ subject to this Act, ofperforming all such acs as bodies corporate may by law perfonn (3) The Agency shall have a commotr seal' the use of which shall be authsnticated by the signatures of- (a) the Chairman or other member ofthe Agency authorised either generally or specially by the Board for that Purpos€; or No. 3 The \talional l{oni orinp and Evoluation lpeney Act, 2024 5 (b) the Director-General or some other person authorised by the Board in that behalf. (4) Every document puporting to be an instrument executed or issued by or on behalf of the Agency and to be sealed with tie common seal authenticated in the manner stated in subsection (3) shall be deemed to be so e:. jcuted or issued withoul further proof unless the contrary is proved. (, In appropriate cases tlle common seal ofthe Agency may be afExed to documents outside Sierra leone.

National Monitoring and EvaluationAgency Board in which shall be vested, subject to this Act,the supervision of the Agency. (2) The Board shall consist ofa Chairmarl $.ho shall be a person with requisite loowledge and exp€rience in monitoring and evaluation matters, and the fbllowing other members - (a) The Financial Secretary or his representative, not below tbe rank ofa Director. (b) The Development Secretary or his representative, not below the rank of a Director; (c) The Director of Local Government or his representative, not below the rank of a Dir(:ctor; (d) The Statistician General or his representative, not below the rank ofa Director; (e) 2 representatives with proven knowledge in development management, at least, one of whom shall be female, appointed by the President on the recommendation of the Minister; National Monitoring and Evaluatioir Agency Board- 6 Notionol Manitolihg o dEYaludtion Agencj Act, 2024 No.3 The T€nurc of trlemtlers. MertinS:i of Board- (f) The Director General' who shall serve as th€ Secletary to the Board without voting riglt' (3) The Chairman sha b€ 4pointedbythe President subject to the approval ofParliament'

*u.""ii"iiil <"1otsection 3' shall hold omce for a term of3 years ;-.h"il;;dbb for r€-appointnent for a firther term of 3 years onll'. (2) A person shall cease to be a member ofthe Board on any of tbe following grounds- (a) inability to perforn the ftrnctions ofhis office by reason of infirmity of mind or body; @) for Proven misconduct; (c) (e) (0 if he is convicted and sentenced for an offence involving &aud or dishonesty; if he fails to attend 3 consecutive meetings otthe Board wirhout reasonable cause; if he resigns his office by written notice to the Chairman ofthe Board'

(l) The Board shall meet for the dispatch of is businessu, r.uii o*l "r"ry r months a1 the offices ofthe Ageocy and at sucb time as the Chairman may determine' a?\ The Chairman sball preside at every meeting ofthe go-d. ar;;; hi, abseoce. the members pree shall appoint a member t"il-"ng tfr"*lves to preside at that meeting' ('ll A min imwn of 4 members of the Board may' by notice i, *ri rg l'igr.a'ilv th.'^ '"q'e'r oe cttai'mun to summon a.sp€cial **it*""t?n. Board for such purposes as may be suted in the notice- No.3 Ihe Nati ,4c1, 2024 7 (4) The Chairman or, in his absence, the member appointed to act on his behalf shall summon..p""t"l ;;;;;;5 days of his receipr of the notice referred ,, ; .;t;;;i:;.'-'- (5) The quorum at a meeting ofthe Board shall be 4. (Q The Chaimran or other persoD presiding shall have a casting vote where there is an equalityof votes. - (D A proposal circulated among all members and agreed to -in writing by a minimun of4 members ,U"U U" oftfr" .r_" f#" o.effecr.asa decision made at a duly constitutea meeting ofttri noarjano sha,l be incorporated in the minutes of the ne-xt succeeding meeting ofthe Board: - Provided thar, ifa memb€r requires that such proposal be placed before a meeting ofihe Board, this.rb*;;;;L;i;.;;; to such prcposal. _-_, . _ q .Th: -Poard may co-opt any person to attend andpanlcrpale ln its deliberations on any matter but such peson shall rot vore on any issue for the decision by the Board. - (9) The Board sha.ll cause minucs ofall its meetings ro be taken and signed by the Chairman and fept i, proper fonn-. " (10) Subject to this Acr, the Board shall rcgulate its own proccdure. -. 6. 0) A member ofthe Board who has an intercsq whether Disclosure ofdilect or indirecr, in a matter being considered or to be comiao"Jr*, iil'J..r,. roe Board, shall disclos€ the nature ofhis interest to the Board anithe disclosurc shall be recorded in the minute" ofthe Soara and suc;member shall not take pan in a deliberation or aecision of6ogo;irelating to tbat matter. (2) A member ofthe Board who contravenes subt€ction(l ) shall be guilty of misconduct aod shall be,"-or"d fro;;;ie}. 8 No.3 The Natiorutl Monitoring and EealuationAg.ncy Act, 2024 lrnmunity of ,ncmbcrs. Committees -Df Board. Functiotrs of Board. Rcmuncrarion of mcrhbefs. ?, 0) An action or other proceedings shall not lie or be instituted against a member of the Board or member of a committee ofthe Board for or in respect ofan act or thing done or omitted to be done in good faitb in the exercise ofhis functions under this Act. (2) A member ofthe Board shall not be personally liable fq1 any debt or obligation ofthe Agency. E 0) The Board may, for the discharge of its functiorls, appoint one or more comnittees to p€rform such fiDctions.as the Board may determine. @) A comminee shall consist ofmembers ofthe Board or non- members or both as the Board may decide. (3) Without prejudice to the geDerality ofsubseaion (.1), the Board shall appoint an audit committee consistilg of such members oftlle Bord ornon membeq excluding the Direcror4oreral and p€rforming such functions as the Board may determine- (4) A committee shall submit a repron of its proceedings to the Board at such time as the Board may determine.

(l) Subject to rhis Act, the Board sball have supervisionofthe Agficy, including overseeing the sound and proper financial management of the Agency. (2) It shall also be the responsibility of the Board to provide such policy guidance and advice as will secure the effective and emcient overall performance ofthe fimctioos ofthe Agency.

3 subsection 2(e) and any person co-opted by the Board shall be paid such remuneration, fees atrd allowances approved by the Minister - . @) Merirbers appointed urder section 3 subsection 2 (a[b[c) and (d) shall be paid sitting fees approved by the Minister. (3) Members shall be reimbursed by the Agency for expenses incuried in connection with the discharge ofthei functions as the Board may, wirh the approval ofthe Minister, deteroine. l,,tonit orin" arul Era iuati on A"enc'v Act, 2024 9 No.3 The National ll. (l) Where the Chairman or a member ofthe Board dies, resigns, is removed from office or is absent for a continuous Period exceeding 3 sittings or is by reason of illness unable to perform the f,mctions of his office for a continuous period of 6 sittings, in the case of - (a) the Chairmaq the members ofthe Board shall elect one oftheir member to act as Chairman until such time as the Chairman resumes his office or another is appointed in his stead; and (b) a member, the Chairman shall, subject to this Act, have another person appointed to the Board. Eilling of vacaocies. (2) Where a person is appointed as Chairman or appointed as a member ro fill a vacancy, he shatl hold office for the rernainder of the term ofthe previous Chairman or member, as the case may be, and shall, subject to this AcL b€ eligible for re-appointrnent' PENT M. NTNCIONSOF TTIEAGENCY f2. (l) The Agency shall be responsible to - Funcdons of (a) monitor and eYaluate - (, GovernmeDt policies ircluding the National Development Plan; and (i) Government, local govemment, and donor funded Programmes and plojects. design and implement anational monitoring system that links the Agency to the moniloring units in Government, local govemment and donor fimded project units for data collection and rePorting; (b) No,3 The Notiorul Monitoring and Evaluation Agenqt Act, 2024 (c) serve as the lead technical supervisory agency for monitoring and evaluation units in governrnent, local goverrunenl and donor .fimded projects; (d) ensure that Govemmenl, local governmeot and donor frmded progmmmes and proj€cts are compatible with established monitoring and evaluation procedures and processes and aligned with the National Development Plan; (e) develop monitoring and eYaluation guidelines and manuals for capacity building in Goveroment, local government and donor funded programmes and Projects; (f) provide technical leadership for the introduction of simplifie4 streamliDe4 and harmonized procedures for monitoring ant evaluation by Governments and lo€al govemlnenl and donor funded programmes and pmjects; (g) apply modem and apPropriate technology for monitoring and recording progress of implementation of the National Development Plan, Govemment, local government and donor funded programmes and projects; (h) undertakeperiodic development expenditwe tracking and reviews to assess correlation of public capital spending with planned outputs and outcomes of development Projects; (D develop and implement a managemenl information system, that is geographic information system supported, that shall provide - l0 No.3 The A 0242 ll (r) :#I._ * development intervenrions ;fr :':,.ffil}'Tfl ,-'"#H;"' #i (u) access to data, otrsoir c"i,..n,n.ri iltimg and comnleted orr* n olJ o.'o.lrgovernment and and knowledge ;*rmes ed Ptojecrt. GD ]lf :. "l*.anagemeDr information systems for monitoring activities ofcontractors in Government, localgovernment unO aoro. irra.fprogrammes and projects. O :::,*: independeor Did-rerm and finale^vatuarion of National o"""ropr"ni ,i"i,toca,- government anO aonor funali ;J:n: ffi,.:"j:,:iff ::;. ,:';.."' j::x *' :il",fi ,;H:l'#ff : JH;ffi-T,T: a :.::1,,.,:*1. ll, maiDraitr a database andreposltory on all comoleted , n:"U,Umll','ru,.;,T'ff T: 'i'fi t'.Hil,,'#,;1l;tiih.ffi ? The Nataonal Monitoring *nd F,t'aluatior Agencl Act. 2024 12 No.3

The Agenry shall, fo the performance ofits functions ulderthis Act, in collaboration with other Ministries' D€Paftnen$ and ' eg"n"ies including the Nationat Public Procurement Auhority' StatisticssierraLeone,theAnti-CorruFionCommission'AuditService Sierm l-eone and the Ombudsman, haYe the power to - (a) request information from Ministries' . Departsnens andAgencies and donor flmded Programrles atrd Projects; O) requ€st th€ submission of documents and data including expendinne ofproj€ct finances by Minisuies' DeParments andAgencies and donor fimded programmes and projects; (c) requirc Ministries' DepafinenB and Agencies and donor ftmded prograrnmes and projects to provide relorts' data' financial estimates or r€turns' contract documents' procurement documents in 'uch form and marner and within such time as may be specified in the corresPondence; Powers of Ag€ncy. (d) hterview a person or organisation and require that person or organisation to firdsh such particula$ relating to a Ministry' Departnent or Agency or donor funded progralrme or project as the AgencY maY rcquire; require a person or organisation to permit staff of the Agency, access to premises or records relating to a Minisfi:/' Department or (e) No.3 The lec 4ct. 2024 l3 Agency or donor funded programme or project, in order to obtaiD the required information: (0 require a penon or organisation to comptete a digilal or hard temptate conlained in a mrrespondence with paticulars relating fo a Ministry, D€patuient and Agency or donor firnded programme or project and to rcturn it I tl such mann€r aDd within the rime specifie{ (g) require a Ministry, Departmenr or Agency and donor fimded progrmm" o, p-j."t to implement rcoomendations ernanaing from monitoring evaluation, and sp€cial studies undertaken by the Agency. PART IV.ADMINISTRATTVE PROUSIONS

(l) The Agency shall have a Director-General Baho shall Djrector_be appointed by &e presidenq subject to ihe app.o.l opart**f c;;"rr (2) A penon shall not be appointed Director-General under subsection (l), unless he is a Siera teonean who has _ (a) at least a Masters Degree in Monitoring and Evaluation, Satistics, Economics, gccial Sciences aDd or other development relaled fields from an accredited University; 14 No3 The Narional Moaitoring and Evaluotion Agenq' Act' 2024 Deputy Directo. C6neral- @) proven experience in the area of project planning and manageme . (c) at least 8 years' experienco as a Director, manager or head of a dePaftment in a Government, local government or an intemational organisation. (3) The Director{eneral shallbe resPonsible for - (a) the day+May administration of the Agency; O) the suPervision and discipline of other staff of the Ageocy; (c) ttre management ofthe funds, property, and business of tlre AgencY. (d) serve as the official representalive of the ,5. (l) The Diredor Ceneral sball be assisred by a Depury Director6eneral who shall bc appointed by &e heside , subject to the approval of Parliament. (2) A person shall not be appointed Deputy Director- General rmder subsection ( l)' untess he is a Sierra Leonean who has- (a) at least a Masters Degree in Moniloring' and Evaluation, SBtistics, Economics, Social Sciences and or other development r€laled fields from an accredited University; No.3 The hlonioinp and Evaluation t5Act, 2024 ft) proven experience ir the area of project planning and managemenl (c) at least 8 years, experience as a Director, manager or head of a departmenl in a Covernment, local government or an intemational organisation. @) The Board may delegate to the Dire€tor-General, rhe power to recruit such gmde or category of staffas it may deem fit for the proper firnctioning ofthe Agency. (3) The staff of the Agency shall not be subject to the auhority of the Public Service Commission. t6, (l) The Agency shall havq in additioh ro fie Dircctor olher srstr General and Deputy Director-General, other staq including ofqmry administrative and technical *afi as the Board may, for the effective and emcient performance ofthe functions offhe Agency, appoint. (4) The Board shall, on the advice ofthe Directorceneral, determine the remuneration and other terms and conditions ofservice of other $affof the AgeDcy. (, Public oflicers may be seconded to rhe AgeDcy or otherwise serve the Agency buf the Agency may request the wirhdrawal of any such seconded staff who is unable to carDr out assigned firnctions in a manner satisfacfory to the Agency. oring ond EtalualionAgencl Act, 2024 t6 No.3 The Natio al Monil Depadments of Agcncr'. l?. O) The Agency shall, for the purpose of carrying out its functiors uder this Ac! establish and maintain such departmetrs' divisions,sections, units' branches and field offices, reflective ofthe seclors of the Natioial DeveloPment Plan, as the Board maY, on the recommendation of the Director-General, aPProve' Funds of AgcncY. PARTV. FINANC1ALPROVISIONS f8. (1) .The activities of thP Agency shall be financed by ftmds comisting of - (a) moneys aPproPrialed fiom time to -time bJ Parliament for the puposes ofthe Agencyi (2) A depaftnent' division' section' rmi! branch and'fi:l om"" *a"l,ubtt"tioo (l) shatl be headed by a person aPpointed Uy*rfr" gr"ra * O" advice of the Director General' (3) The Agency shall make such other administrative as it may consider necessary or expedient for the ellective and efhcient performance of its functions under this Act' O) moneys given to the Agency by way ofgifls' endowments, bequests' grants or other conuibutions by Persons and organisations for the PurPoses of the AgencY; and (c) any other moneys which may' from time to time. accrue to the ABencY' No.3 The ]lational inP Evaluation Act, 2021 (2) T}Ie funds ofthe Agency shall be applied only for the purposes of the approved budger of the Agency.

(l) The Agency shall keep proper book ofaccomt and Accour s arraother records in relation to the acti . . ardir of the Agency in a fonn uo*o".d or'irl'f'of.T,3"X'-Iil"Lll *""' prepare, in resp€ct of each financial year of tbe Agency, a financial statement which shall include - (a) balance sheet accounts; @) income and expenditure accounts; and (c) source and application of firnds. (2) The accounts of the Agency kept under subsection (l ) shall, not later than 3 months after the end ofeach financial year, be audited by the Auditor-General or an auditor appointed by him. (3) For rhe purposes of subsecrion (2), the Auditor General or the auditor appointed by him sha[ be entitled to have acc,ess to all book ofaccoutrt, voucbem and othcr financial records oftheAgenry and to rcquire such information and explanation th€reon asle may think fit. (4) The Agency shall provide the Auditor-General or an audftor appointed by him under subse.ction (2), with aI necessaqr and appropriate facilities for the examination of the accounrs and records ofthe Agency. Evalwtion Agen'! Acl' 2024 No.3 The Notional Monitoring ond 2. (, The Auditor6eneral or an auditor appointed by him *der,u rtion (2), shall submit to th€ Agency a rePort on the ;;il accounts aod the financial statements referred to in Iobs"cton (rl ana *tufl in his repot draw asentiotr to - (a) irregularities in the accounts; O) matters that de likely to adversely affect the oPerations of the AgencY; and (c) any other matt€r which in his oPinion' ought ro be bmught to the notice ofthe Agency'

The fin:ncial year of the Agency shall be the same as thefinancial Year ofihe Goverrment'

O) The Agency shall' within 6 months after the end ofthefinancialyealtowhichtherePortrelates,submitacoPyofthe ;;"*t;";;; approve<l bv the Board to the Minister and the Minisrer shall. as soon as possibte' but not later lhan "n: :1"m afterthereceipofthereporqcausethereporttobelaidbefore PaEmeflt The Agency shall make copies ofthe rtport available Financial ycar of AgcncY. Annual rcpon. (2) to the Public.

(l) There shall be €stablished an Intemal Audit Control Uri *'i fri, t" eg*"y which shall be responsible for - (a) carying ou internal audits on the operations of the AgencY; and t9No.3 The Nori Monitoring and Etoluation Aeenc-y Act, 2024 (b) coordinaring the implementation ofall audit recommendations arising from both intemal and exlernal audits conducted on the PART \1. NflSCELL{NEOUS PRO}ASIONS

A person who - OJfencr andp6nalr}. (a) denies or obstructs access of an officer of lheAgency to a record or information in exercise of its powers rmder rhis Act; @) obstrucs compliance by a Govemment, local goYemment and donor funded programmes or projects in the exercise of the powers conferred under this Act; (c) interferes with the work ofthe Agcncy or an ofiicer ofthe Agency in the discharge of its flrnctions under this Act; (O destroys a rccord with intent to deny access lo a r€quest made by tbe Ageacy in exercrse of its frmctions under this Act; or (e) conceals or falsifies records or provides false, misleading, incomplete or iDaccurate n No.3 The National Monttoring and Etaludtion Act, 2024 informafon in response to a request made by the Agency io exercise o[ is functions under this Act, comraits an offence and is liable on conviction' in lhe case of' (a) an individual'ro afinenotl6s$an 20'000'00 L€ones or to a term ofimp'risooment not less than one Year or both the file and imprisonment; and @) a body corporate' to a fme ofnot less than 100,000.00 Leon€s' 24' (l) The Minister may' afler mnsultation with the Board' Regul.iio6. by statutory instrumenr, make R€gulatiorls as he considers necessary or exPedient for giving elfect to dris Act'

R€p€al and savings. (2) Notwirhstanding subsection (1)' orders' rules or staturory instrument made und€r the repealed Act' in force immediately before tie commencement ofthis Act' shau continue to be in force until revoked - No.3 The 2t Passed in parliamerr his lgth dqy of JanuaOt. in the yea of orr lord two thousand and lwenty Four. MOTIAMED LEBBIE, Aaing Clerk of parliamenr. MOHAMED LEBBIE Acting Clerk of parliamet Trus pnnrm hp*-essrox has been careftrlly compared by me with the Bill which has passed parliament and fouod by me to be a true and corre"t prirtoa copy ofthe said Bill. Prn rro axs pgs11516p gy 11* GAzxtrE Gol'erulvanr Prnrrlio No. 36 oF 2ND M^y, Drpenrunrr, Smru LeoNr. 2023.