MiLAWYER

Law library · Sierra Leone · REPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12

Section 30: Mental or physical incapacity.

Status not yet checkedREPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12, Sierra Leone

(1) Where the Cabinet resolves that the question of the mental or physical capacity of the President to dischargethe functions conferred upon him by this Constitution ought to be investigated and informs the Speaker accordingly, the Speaker shall, in consultation with the Head of the Medical Service of Sierra Leone, appoint a Board consisting of not less than five persons selected by him from among persons who are qualified as medical practitioners under the law of Sierra Leone, and the Board shall enquire into the matter and make a report to the Speaker stating the opinion of the Board whether or not the President is, by reason of any infirmity of mind or body, incapable of discharging the functions conferred upon him by the Constitution. (2) If the Board reports that the President is incapable of discharging the functions conferred upon him by this Constitution, the Speaker shall certify in writing accordingly, and thereupon the President shall cease to hold office. (3) Where the Cabinet resolves that the question of the mental or physical capacity of the President to discharge his functions ought to be investigated in accordance with the provisions of subsection (1) of this Section, the President shall, until another person assumes the Office of President or the Board appointed in pursuance of subsection (1) of this Section, reports that the President is incapable of discharging his functions (whichever is the earlier), cease to perform the functions conferred upon him by the Constitution and these functions shall be performed by the First Vice-President or such other person appointed by the Cabinet. (4) The report of the Board referred to in subsection (2) of this Section shall immediately be sent to the Speaker who shall— a) if Parliament is then sitting or has been summoned to meet within five days communicate the same to Parliament, b) if Parliament is not then sitting (and notwithstanding that it may be prorogued) summon Parliament to meet within 21 days of the receipt of the report of the Board, and communicate the same to Parliament. (5) For the purpose of this section— a) the Cabinet may act notwithstanding any vacancy in its membership or the absence of any member; b) a Certificate by the Speaker that the President is by reason of mental or physical infirmity, unable to discharge the functions of his office conferred on him by this Constitution shall, in respect of any period for which it is in force, be conclusive and shall not be enquired into in any court. Misconduct by

Read the whole lawDownload PDFAsk Tima what this means

Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.