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Section 8, The Sherbro Urban District Council Ordinance

Status not yet checkedThe Sherbro Urban District Council Ordinance, Sierra Leone

(1) Subject to the provisions of sub-section {2) of thissection, a person shall be qualified for election as a Councillor for any one ward if he- (a) is literate in the English language; and (b) is entitled to be registered as a voter under this Ordinance and his name is in the Register of Voters for any ward in the District. (2) Notwithstanding the provisions of sub-section (l) of this section, a person shall be disqualified for election as a Councillor and if a Councillor his seat shall become vacant- (a) if he is an alien; or (b) if and while he holds any office or place of profit in the gift or disposal of the Council other than that of President; or (c) if he is under sentence of death or is serving, or has within the immediately preceding five years completed the serving of, a sentence of imprisonment (including a sentence of preventive detention or corrective training) without the option of a fine, of or exceeding twelve months imposed by a court in Sierra Leone for any felony or for any offence involving dishonesty and has not received a free pardon; or (d) if he is a lunatic so found under the laws for the time being in force in Sierra Leone; or (e) if and while he has directly or indirectly by himself or a partner any share or interest in any contract or employment with by or on behalf of the Council and has not- (i) if he is a candidate for election, published within one month before the day of election in some newspaper circulating in the ward for which he is a candidate a notice setting out the nature of his share or interest in such contract or employment; or (ii) if he is a Councillor, as soon as possible disclosed that interest to the Council; or (f) if he is disqualified from membership of the Council under any law for the time being in force in Sierra Leone relating to offences connected with elections: Provided that a person shall not be disqualified by reason of his being interested in- (i) any sale, purchase or lease of land to or from the Council; or (ii) any newspaper in which any notice or advertisement relating to the affairs of the Council is inserted; or (iii) any agreement with the Council for the loan of money, or any security for the payment of money by the Council; or (iv) any company which contracts with the Council for lighting or supplying water, or insuring against fire any property of the Council; or (v) any company incorporated by or under an Act of Parliament, Ordinance or Royal Charter. S.L.-VOL. II-15 Disqualification for membership of Council. 24 of 1957. When elected Councillor's seat to become vacant. (3) The seat of a nominated or an elected Councillor shall also become vacant- (a) upon his death; or (b) if by writing addressed to the President, he resigns his seat in the Council; or (c) if, without leave of the President, he is absent for a period of six consecutive months from the meetings of the Council; or (d) if being an elected Councillor he ceases to be qualified under sub-section ( l) of this section. (4) When the seat of a Councillor becomes vacant the President shall forthwith declare the seat of such member to be vacant, and the Clerk of the Council shall forthwith notify the Minister and such Councillor, if practicable, of such declaration of vacancy: Provided that a Councillor whose seat shall have been declared vacant under this sub-section may, within fourteen days after the date of being notified of such declaration, apply to a Judge in Chambers to have such declaration set aside. Notice of the intention to make such application and the grounds thereof shall be given to the Clerk of the Council within seven days after such declaration. The Order of the Judge in Chambers as to the disqualification or otherwise of the Councillor shall be final and conclusive. Power of 9. If at any time the Governor in Council is of the opinion that Governor in Council to the Council is no longer exercising any of its powers or performappoint ing any of its duties under this Ordinance in a manner conducive Committee of h If f th D" t . h h ll . C . . fManagement to t e we are o e IS net, e s a Issue a ommiSSion o 54. Cap. Inquiry in accordance with the Commissions of Inquiry Ordinance (such Commission to consist of not fewer than three Commissioners, one of whom shall possess legal qualifications), to enquire into and report on such matter in accordance with the procedure laid down in the said Ordinance, and after receiving the report of the Commissioners, may appoint a Committee of Management to exercise, during the continuance of such appointment, all or any specified powers and duties of the Council and the Council shall forthwith cease to exercise and perform such powers and duties accordingly. Assessment of premises. pART Ill.-VALUATION OF PREMISES.

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