The Judges Conditions of Service Act 1983

THE JUDGES CONDITIONS OF SERVICE ACT 1983 (No.12 1983 ) Section No. WHEREAs sections 116 and 131 of the Constitution provide ment. inter alia, that the salaries, allowances and gratuities and pensions of Judges of the Superior Court of Judicature shall be prescribed or determined bv Parliament or by the President acting in consuk tation with the Cabinet: Now THEREFORE, BE IT ENACTED by the President and the Menbers of Parliament in this present Parliament assembled, as folows: Comaicnce ment. Applisa tiop. Interpre tatien. No, 12 Judges ConditioS f Service 196 PART I- GENERAL

14th day of June, 1978.

Constitution" means the Constitution of Sierra Leonc, 1978 (Act No. 12 of 1978); "Judge" means a Judge of the High Court of Sustice, a Justice of the Court of Appealor a Justice of the Supreme Court of Sierra Leone, and includes the Chief Justice; "maximum pension" means pension equivalent to the last drawn salary of the Judge in question,. as a Judge; "pensionable service" means service which is pension able under the Pensions Act (Cap. 173) and this Act; "salary" means annual salary; (2) Where a Judge has pensionable service under the Pensions Act (Cap. 173)his period of service as a Judge shall, for the purposes of the said Act, be deemed to be other public service within the meaning of that Act. Judges 4. The salaries, allowances, gratuities and pensions of Judges salaries etc. shal! be a charge upon the Consolidated Fund. charged on Consolida ted Fund. Judges' 5. (1)The salary, allowances, privileges, right in respect of ries ete. leave of absence, gratuity or pension of a Judge shall not benot to be varied to his disadvantage.varied to their disadvantage. (2) For the purposes of subsection (1) of this section, $o far as any terms of service of a Judge depend on the exercise an option by him, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted. NG. 12 Judges' Condilions Serviee 1983 21 PART II–SALARIES AND ALLOWANCES ETC. OF JUDGES

Ient may prescribe or as may be specified in regulations made udges. under section 24 of this Act and with effect fromn such date as may be specified in such regulations.

There shall be paid or accorded to cach Judge such Allowancesallowances, or other privileges, rights and benefits as may be spe Judges. cified in regulations made by the President under section 24 of this Act and with effect from- such date as may be specified in such regulations. PART III -PENSIONS

(1)A Judge shall, on retirement, be entitled to pensien Generaland gratuity as determined in accordance with the provisions of entitiement this Act. to pension and gratuity. (2)For the purpose of this Act a Judge (a) who vacates his office at the age of sixty-five years under paragraph (c) of subsection (1)of section 115 of the Constitution, or (b) who is removed from office under subsection (3) of section 115 of the Constitution for inability to perform the functions of his office, whether arising from infirmity of body or mind, shall be deemed to háve retired.

Any pension or gratuity granted under this Act shall be Law or rulescomputed in accordance with the law or rules in force at the actual governing date of a Judge's retirement. Computation of pension

Pension and gratuity (a) retires from his office on attaining the age of incaseof sixty-two years; or retirement (b) retires from his office on attaining the age of etc. sixty-five years; or (c) retires from his office before attaining the age of sixty-five years on the ground of inability to perform the functions of his office arising from infirnity of body or mind, or 22 No. 12 Judger' CodiionS Servioe 1983 (d) is required by the President under paragraph (a) of subsection (1) of section 115 of the Consti tution to retire from such ofice at any time after attaining the age of fifty-ive years, he shall be entitledto pension, gratuity or both under this Act according tohis case and computed in accordance with the pro visions of this Act. Qualify ng period for Pension to continue for life. Computa tion of Qualifying period for maximunm (2) A Judge who is removed from office for stated misconduct may be grantçd such pension, gratuity or both, cquiva lent to such part of the pension, gratuity or both, towhich he would have been entitled had he retired from such office on the date of his removal, as the President may determine.

Every person who has been a Judge for a period of notless than five years may, on his retirement, bc granted a pension and gratuity under this Act appropriate to hi case.

Subject to sections 20, 21 and 22 of this Act, the pensionpayable under this Act shall continue for the life of the person to whom it is granted.

A Judge's pension shall be at the annual rate of oneone hundred and eightieth of his last drawn salary in respeet of each completed month of service as a Judge: Provid d that in no case shall pension so computed exceed such last drawn salary, in this Act referred to as "maximum pension ".

For the purpose of computing a Judge's pension theperiod of service for him to qualify for maximum pension shall be fifteen years service as a Judge. Rate of pension of Chief Justige.

Notwithstanding anything in this Act, but subject tothe provisions of section 10 of this Act, a person holding office as Chief Justice shall be entitled to maximum pension if (a) he had held that offic for a period in the aggregate of not less than three years; and (6) he nas held the office of a Judge in the aggregate of not less than ten years prior to his retiremnent includ ing the period he has held ofiee as Chief Justice, the case may be. No. 12 Judges' Conditions Service 1983 23

The pension of a Judge who before bis appointment as Com putationof pension a Judge has served in the public service of Sierra Leone and who in cases of has not less than five years service in the aggregate, incuding Judges with his period of service as a Judge shall be at the annual rate of other public one one hundred and eightieth of his last drawn salary as a Jucge service. for each completed month of his service as a Judge together with ( ) one three hundred and sixtieth of his last drawn salary as a Judge in respect of each completed month of any part of his pensionable service in any office in the public service the appointment to which requires the person to be appointed to be a barrister or solicitor or both; and (b) one six hundredth of his last drawn salary as a Judge in respect of cach month of his pensionable service in the püblic service other than in the offce of Judge or an office referred to in paragraph (a) of this section: Provided that the total amount of pension awarded under this section shall, in any case, not exceed the maximum

A Judge who before his retirement is permancatlyappointed to any other office approved by the President shall be Judge appointed entitled to have his pension computed at the same rate and on toother the same basis as if he had continued to be a Judge: office. Provided that the President may direct that this section shall apply to any Judge who at the commencement of this Act was hoiding any office approved by the President and to which he had been permanently appointed notwithstanding that such Judge had retired as a judge before the commencement of this Act.

In addition to any pension paid cr payable to a Judge Gratuity.under this Act, there shall be paid to a Judge on retirement, a gratuity equal to twelve and a half times of eight twenty ifths of his pension.

Where a Judge retires who has not been in the public Gratuity forservice of Sierra Leonc for ten years or has not held office as Judges whohave not Judge for five years, he may be granted a gratuity not exceeding satisied five times the annual amount of the pension which if there had qualifying been no qualifying period might have been paid to him under this Period. Act together with the gratuity that might have been paid to him it thero had been no qualitying period. 24 No. 12 Judges' Conditions of Service 13R3 Gratuity 20. (1) Where a Judge dies in service, the gratuity and pen pension on and sion (if any) that would have been payable to him if be had retired dleath of onthe date of his death shall be paid Judge in service. (a) to such of the persons desaribed in subsection (2) of this section, and (b) in such proportions and in such manner, as the President may, acting in áccordance with the advice of the Cabinet, determine. (2) The persons referred to in subsection (1)of this section are the following, that is to say- ny widow, child ,relative or dependant of the deceased Judge. (3) The gratuity to be paid under subsection (1) of this section shall not, in aggregate, be less than the last drawn salary cthe deceased Judge. (4)Any such gratuity shall not be subject to the payment of estate duty. (5)Where a pension is granted under this section, it shall be paid for a period not exceeding twelve and a half years fiem thedate of death of the Judge. (6) In this section, widow'" includes a widower. Pension to 21. (1) Where a Judge dies within twelve and a half years of Judge. widow etc. after the date on which his pension under this Act was Jaid or became payable, his widow, or if he had dependent childrn or dependent relatives or both, his widow and dependent chidren or dependent relatives or both, as the case may be, or if he hadno widow, his dependent children or dependent relatives or both, shall be entitled to a pension of the same amount which was paid or payable to him for the remainder of the said period of twelve and a half years. (2) Where ary gratuity payable to a Judg: unde; this Act had not been paid prior to his death it shall be paid to the said persons under subsection (1) of this section. (3)Any such gratuity shall not be subject to estate duty. (4) A widow shall not be entitled toreceive and shall not be paid a pension under this section in respect of any period after her re-marriage. Pension not (5)In this section widow" includes a wiáower. assignable 22. No pension or gratuity under this Act shall be assignable orattachable. or transterable or liable to be attached, sequestçred or levied upon, for in respect of any debt or claim whatsoever other than a debt due te the Govsrnment. No. 12 Judges' Condilions Service 1983 25 PART IV -MISCELLANEOUS A Judge towhon has becn granted maximum pension Judge leavingunder this Act shall not act as counsel in private legal practice, serviceon and shall be subject to such limitations on his practice as a solicitor maimum as may be prescribed by regulations made under section 24 of pension this Act. not to actas private counsel.

(1) The President may make regulation generally forRegulations.giving full effect to the provisions of this Act. (2) Without prejudice to the generality of sub-section (1) this section, but subject to the provisions of the Constitution, regulations may be made under this section relating to the salaries, allowances or privileges, rights and benefits and other conditions of servic to be paid or accorded to,or otherwise to be enjoyed by Judges. (3)Where the President is satisfied that it is equitable that any matter to be provided for under regulaticns made under subsection (1) of this section should have retrospective effect in order to confer a benefit upon or remove a disability attached to any person, he may give retrospective effect to such matter in the said regulations.

Until new salaries and allowances, privileges, rights and Salariesbenefts are provided for under sections 6 and 7 of this Act, a andailowances Judge shall continue to receive or enjoy the salary, allowances, eti. of privileges, rights and benefits that he received or enjoyed immed pending y before thedate of publication of this Act in the Gazette. determina tion under sections 6 and 7.

Subject to section 16 of this Act, any such provision of Disapplikation ofthe Pensions Act (Cap. 173) or of any order or rule made there- Pensions under as may he applicable to the office of Judge shall, upon the Act (Cap.173) commencement of this Act, cease so to apply. to Judges. 21. (1) Nothing in this Act shall be deemed to aftect any pen- Savin8ot accrued sion or gratuity granted before the commencement of this Act and pension any pension or gratuity so granted may continue to be paid under rights. such laws as may be applicable. 26 No.12 Judges' Conditions Service 1?83 (2) Nothing in this Act shall have the effect of reducing the amount of pension or gratuity of any Judge below that to which he would have been eligible if this Act had not bpen passed. (3) Nothing in this Act shall render the Government liable to pay any sum in excess of the amount payable to a Judge as pension or gratuity by way of interest whether the pension or gratuity became payable before or after the commencement of this Act. Passed in Parliament this 13th day of October in the year of our Lord one thousand nine hundred and eighty-three. C. B. FOFANA, Acting Cerk f Parliament. THIS PRINTED MPRESsION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correcily printed copy of the said Bill. C.B. FOFANA Acting Clerk Parlianent. PRINTED BY THE GoVERNMENT PRINTING DEPARTMENT, SERRA LBONE GAZETTE No. 75 oF 15TH DECEMÐER, 1983.