The Judicial Service Commission Regulations, 1968

B30 Short title. P.N, No. 78of 1961. Interpreta tion. PUBLIC NoTICE No. 15 OF 1968 Published 71h March. 1968 THE CONSTITUTION (P. N. No. 78 of 1961) THE JUDICIAL SERVICE COMMISSION REGULATIONS, 1968 In exercise of the powers conferred upon it by section 10 ak the Constitution as adapted by the Administration of Sierra appears Leone (National Reformation Council) Proclamation, 1967 Judicial Service Commission acting with the consent of the National Reformation Council hereby makes the following Regulations :- PART I-PRELIMINARY unless P.N. 1S appointment 39 means M.P. 3814/6 (a) the conferment of the office of a judge or of a judicial office of emolument in the public service, whether or not subject to subsequent confirmation, upon a person not in the public service ; the Chairman (6) the grant of permanent and pensionable terms of service in a judicial office to a person recruited and serving on Contract terms and service; a contrary intention (C) the engagement in a judicial office of a personon Contract terms of service for a further period of service on the conclusion of his pre Vious period of engagement on contract terns in the same or other office in the public service; Committee" (d) the appointment of a public officer to act in any judicial ofice other than the office, whether judicial or othervwise, to which he is substan tively appointed : means the Chairman of the Commission; the Commission " means the Judicial Service Commis sion constituted under the provisions of section 3 O the Constitution ; relates to dismissal; means à committee appointed under the provisions of paragraph 2 of Regulation 18. disciplinary control " includes control in so far as it these RegulationsIn * judicial ofice means the offices of Registrar of theCourt of Appcal, Master and Registrar of the SupremeCourt, Deputy Master and Registrar of the SupremeCourt, The Administrator-General, Principal PoliceMagistrate, Senior Police Magistrate, Police Magistrate, Senior Registrar-General and such other offices connected with any Court as may be prescribed by * Member " means a Member of the Commission holding oftice Or appointed under section 85 of the Constitution; ofice of emolument " in relation to the definition of judiciai officer means any pensionable or non-pension abie post which is shown under a Personal Emoluments sub-head in the current Sierra Leone Estimates ; promotion " means the conferment upon a person in the public service of a judicial office to which is attached a igher salary or higher salary scale than that attached to the office to which he was last substan ively appointed : the Secretary" means the public officer appointed to be the Secretary to the Commission and includes an acting Secretary; ** transfer salary. means a transfer involving an increase of PART II JUDICIAL SERVICE COMMISSION

(1) At any meeting of the Commission a quorum shall Quorumand voting. he constituted if three Members are present. (2) Save as provided in Regulation 4 all decisions of the Commission shall be by a majority of the Commission: B 31 Provided that the Chairman shall have a second or casting vote whenever the voting shall be equal. 3 A record shall be kept of the MemberS present and of Record of the business transacted at every meeting of the Commission. meetings and Any Member who is present at a meeting when a decision is deCiSions. Imade shall be entitled to dissent therefrom and to have his dissent ATid his reasons therefor set out in the record of such meeting.

Decisions may be made by the Comnmission without a Decisions bymeeting by circulation of the relevant papers among the Members circulation ana the expression of tbeir views in writing and in such case and Of papers. decision shall be the view of the majority of Members expressing a view : the National Reformation Council: B 32 Consulta tion with persons other than Members. Documents to be made available. Failure to sion. Advertise ment of certain vacan cies. Vacancies to be reportedto the Com mission. Provided that

Any public officer who without reasonable excuse failscomply with to appear before the Commission when notified to do so, or who request of fails to comply with any request lawfully and properly made by Commis the Commission shall be guilty of a breach of discipline and the Commission may refer the matter to the Public Service Commis sion, in the case of a public oficer not holding judicial office in order that disciplinary proceedings may be instituted against him, or in the case of a public oficer holding a judicial ofice may give a direction that disciplinary proceedings should be instituted against him. Departure from proce (a) if any Member requires that a decision on a matter being dealt with by circulation of the relevant papers shall be deferred until the subject matter shall be considered at a meeting of the Commission no decision shall be made on that matter except at such neeting: (b) where a Member dissents from a view recorded by a majority of Members or papers circulated for a decision the decision shall not be implemented until that Member has had a reasonable opportunity of recording the reasons for his view. 5. The Commission may require any public officer to attend and give evidence before it concerning any matter which it is required to consider in exercise of its functions under these Regulations and may require the production of any official documents relating to any such matter. 6. Any public officer who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission. PART III APPOINTMENTS (NCLUDING PROMOTIONS AND TRANSFERS) Where vacancies are not to be filled by persons already in the public service, the public shall, unless the Commission otherwise directs, be informed by advertisement of the existence of such vacancies in time to enable candidates to make their applications in accordance with that advertisement.

Judges and judicial officers shall be brought as soon as possible to the notice of the Commission by the Chief Justice who may make recommendations.

Where any delay involved in carrying out the procedureprescribed in Regulation 9 is likely to cause serious inconvenience, dure in specl- the Chairman may as a matter of urgency recommend an actingal circum stances. appointment without regard to that procedure. 1. () Recommendations for promotions shall state Procedure whether the person recommended is the senior offcer eligible for applicable promotion and, where this is not the case. detailed reasons shall to selectionfor promo be given in respect of cach person over whom it is proposed that tion and the person recommended should be promoted. acting (2) The procedute for mak ing acting appointments shall ments he the same as that preseribed for making a promotion. PART IV DISCIPLINE B 33

All acts of alleged misconduct by judicial officers shall Regulationsto governbe dealt with under this Part. disciplinary

When a preliminary investigation for a disciplinary Groundforinguiry discloses that an offence against any Act may have been criminal committed by a judicial oficer, the Master and Registrar, unless PToceaure a prosecution has bcen or is about to be commenced, shall consult the Attoney-General as tu whether a prosecution should be instituted and, if the lalier does not advise a prosecution, as to whether disciplinary action should be taken or continued. n the latter case the charges framed against the officer shall be approved bv the Attorney-General before the oficer is required to answer them.

If criminal proceedings are instituted against a judicial No disciplioficer in any court, proceedings for his dismissal upon any nary action while crimi grounds involved in the criminal charge shall not be taken until nal proceed the conclusion of the crinminal proceedings and the determination ings of any appeal therefrom. pending.

Where a judicial officer has been acquitted of a criminal Disciplinarycharge in any court disciplinary proceedings shall be initiated action after criminal and continued against him in the same manner as if no criminal acquittal of charge.proceedings had been taken: Provided that where it appears that any of the charges against him raise substantially the samne issues as were actualy decided in his favour by the court or if the Attorney-General so advises no further disciplinary proceedings shall be taken or continued on those charges.

A judicial officer in respect of whom a disciplinary in- Copies ofquiry is to be held shall be entitled to receive free copies of any evidenco of d0cumentary evidence relied on for the purpose of the inquiry, inquirics, Or to be allowed access to it. He may also be given a copy of lhe evidence (including documents tendered in evidence) after ne inquiry is closed, on payment of ten cents for each document eridered in evidence and a charge of five cents for every hundred Words after the first hundered words of the record of evidence, Tor a copy of that record: Provided that no copies of orderS, minutes, roports, or 1CCOrded reasons for decisions shall be issued to him. appoint procedure. B 34 Interdiction. 17. 1f in any case the Commission shall consider that the interest of the public service requires that a judicial officar against whom proceedings for dismissal are being taken or a about to be taken or against whom criminal pTOceedings are being instituted, shall cease forthwith to exercise the power and functions of his office, tlhe Commission may make recom. mendations to the National Reformation Council that such judicial oficer be interdicted from the exercise of those powero and functions. The Commission may also make recommenda. tions to the National Reformation Council as to the salary. not being less than half the salary of such officer, it shall consider Proceedings 18. (D Whencver it is necessary to institute disciplinary for dismissal. proceedings against a judicial officer other than the Master and Registrar on the ground of misconduct which if proved would justify such judicial officer's dismissal from the public service. the Master and Registrar shall, after such preliminary investiga tion as he considers necessary. report the case with his recommendations to the Secrctary for the directions of the Commission. If the Commission directs that charges shouid be framed against the accuscd officer, the Masier and Registrar shall. after consulting the Altorney-General with regard to the terms of the charges, forward to the oficer a statement of the charge or charges framed against him together with a brief statement of the allegations on which cach charge is based in so far as they are not clear from the charges themselves. The Master and Registrar shall also call on the accused oficer to state in writing before a day to be specified (which shall alow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself. (2) The Master and Registrar shall, immediately after the specified day, either report to the Secretary the fact that the accused officer has failed to furnish such statement or shall for ward such statement to the Secretary with his comments and recommendations, as the case may be, having consulted the Attorney-General if he thinks fit. Thereafter the Commission shall appoint a Committee of not less than three persons toinquire into the matter; one member of the Committee shall be a Judge, Magistrate or public officer with legal qualifications and each of the other Members shall be a public officer who for the time being holds an office of which the initial basic salary is not less than 1,368 leones per annum. (3) The Committee shall intorn1 the accused officer that on a specified day the charges made against him will be investi gated by them and that he will be allowed or, if the Committee shall so determine, will be required, to appear before it to defend himself. (4) If witnesses are examined by the Committee the acoused oficer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses, and no documentary evidence shall be used against h1m unless he has "previously been supplied with a copy thereof or given access thereto. should be paid to such officer during the period of interdiction (5) The Committee shall in their discretion permit the rosecuting party or the accused officer to be represented by a public oficer or a legal practitioner : Provided that where the Committee permit the prosecuting party to be so represented they shall permit the accused officer to be represented in the sa ne manher. (6) If during the course of the inquiry grounds for the framing of additional charges against the accused officer are dis closed the Committee shall inform the Sccretary of the same and, if the Commission thinks fit to procecd against the accused officer upon such ground the same procedure shall be followed by the Master and Registrar in framing additional charges as was adopted in framing the original charges. (7) The Committee, having inquired into the matter, shall forward their report thereon to the Secretary, accompanied by the record of the charges framed, the evidence led, the defence, and other proceedings relevant to the inquiry. (8) The Commission, after consideration of the report of the Committee may, if it is of opinion that the report shouldbe amplified in any way or that further investigation is desirable refer the matter back to the Committee for further investigation and report but shall not itself hear evidence unless it considers that it is necessary to do so in the interests of justice. The Commission shall, after considering the report or amplified report of the Committee as the case may be, take such disciplinary action against the accused officer as the justice of the case may require. The decision on each charge preferred against the accused officer shall be communicated to him (but not the reasons for the decision).

Whenever the Master and Registrar considerS it Proceedingsnecessary to institute disciplinary proceedings against a judicial for miscon officer but is of the opinion that the misconduct alleged is not duct not Serious enough to warrant proceedings under Regulation 18 he Warrantingdismissal. shall report the case with his recommendations to the Secretary for the directions of the Commission and if the Commission is of opinion that the misconduct alleged is not suficiently serious to warrant proceedings under Regulation 18 it may cause an investigation to be made into the matter in such manner as' it thinks proper : B 35 Provided that the accused officer shall be entitled to know the whole case against him and shall have an adequate opportu If as a result of such nity throughout of making his defence. investigations and after considering anything the accused officer Imay desire to urge on his behalf, the Commission is of opinion that misconduct is proved, it shall take such disciplinary action against the accused officer as the justice of the case requires.

Charge in a Court the Master and Registrar shall report the conviction. Inatter to the Secretary. A copy of the charge or charges and of the judgment (and the proceedings of the Court if available) B36 Punishment. Oficer absenting himself from duty. Functions to be eKorciscd by the Chief Justice. Reviaion of decisjons. shall be forwarded to the Secretary. The Commission shal consider the judgment (and the proceedings if available) and if it is of opinion that the officer should be dismissed or subjected to some lesser disciplinary penalty on account of the conviction for the offence of which he has been adjudged guilty, the Com. mission shall take such disciplinary action against the convicted officer as the justice of the case requires.

(1) The Commission may impose any of the followingpunishments as a result of proceedings under this Part (a) dismissal for misconduct: (b) reduction in rank or seniority: (c) reduction in salary: (d) deferment of increment ; (e) stoppage of increment; () reprimand.

Where any judicial officer is absent from uty withoutleave or reasonable cause for a period exceeding ten days and the officer cannot be traced within a reasonable time or if traced he does not reply to a charge of absent without leave, the Master and Registrar shall report the matter to the Secretary; and the Commission shall make such order with respect to the officer as it shall think fit. PART V-MISCELLANEOUS

Where under these Regulations functions are to beexercised by the Master and Registrar, such functions shall in the case of the Master and Registrar be exercised by the Chief Justice: Provided that the Chief Justice shall not be required to report matters to the Secretary, but shall bring the matter to the notice of the Commission in writing. Withholding 24. (1) If the Master and Registrar is of the opinion that increment of an annual increment in salary of a judicial officer holding a postan officer for in his department should be withheld on the ground of unsatis unsatisfac tory service factory service during the previous year not amounting to amounting misconduct, the Master and Registrar shall report the matter to tomiscon- the Secretary with his recommendations; and the Commission duct and shall take such action as the justice of the case shall require. (2) If the Master and Registrar is of opinion that an annual increment in salary of a judicial officer which has been withheld should be restored, he shall report the matter to the Sectetary with his recommendations; and the Commission shall take such action as the justice of the case shall require.

(1) The Commission may on the application of ajudicial officer revise any decision taken by it in ischarge of its functions. restoration tbereof. (2) Before any such application is consideredtheapplicant shall satisfy the Commission that all the followingconditions are fulfilled (a) evidence of new facts has come to light which isboth creditable and reasonable and of such anature that had it been available at the time it might have altered the decision sought to berevised ; (6) a revision is necessary to prevent a miscarriage ofjustice or the continuance of an obviouslyundesirable state of affairs; (c) the application could not reasonably have beenmade at an earlier date. (3) Where the decision revision of which is sought was made in disciplinary proceedings, it shall not, in principle, be disturbed unless it is reasonably clear from unequivocal docu mentary or oral evidence that the decision was Wrong. (4) Where the Commission has given a decision on any application made under paragraph (1) it shall not entertain a second application in the same case until a year has elapsed fromn the date of such application and in no case shall it entertain a third application in the same case. MADE this Ist day of. June, 1967. BANJA TEJANSIE, Chairman of the Judicial Service Commission. In exercise of the powers conferred upon it by sections 86 and 102 of the Constitution as adapted by the Administration of Sierra Leone (National Reformation Council) Proclamation, 1967, the National Reformation Council hereby consents to the making of the above written Regulations and to the conferment and imposition therein of divers powers and duties upon public officers and likewise approves the delegation conferred upon the Chairman in Regulation 10 thereof. IssUED this 16th day of October, 1967. BRIG. A. T. JUXON-SMITH, Chairman, National Reformation Council. EXPLANATORY NOTE (This note is not part of the Regulations but is intended to indicate thetr general purport.) The object of the Regulations is to replace the Judicial Ser vice Commission Regulations 1960, which required to be brought into line with the 1961 Constitution and subsequent Legislation. B 37