Law library · Sierra Leone · REPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12
Section 45, REPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12
Status not yet checkedREPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12, Sierra Leone
(1) No person shall be qualified for election or appointment as a Member of Parliament—a) if he is a naturalised citizen of Sierra Leone or is a citizen of a country other than Sierra Leone having
become such a citizen voluntarily or is under a declaration of allegiance to such a country;
b) if he is a member of any Commission established under this Constitution, or a member of the armed forces
of the Republic or has been such member within twelve months prior to the date on which he seeks o be
elected; or
c) if he holds the office of Speaker; or
d) if being a person possessed of professional qualifications, he is disqualified (otherwise than at his own
request) from practising his profession in Sierra Leone by order of any competent authority made in respect
of him personally within the immediately preceding five years of an election held in pursuance of Section
77; or
e) if under any law in force in Sierra Leone he is adjudged to be a lunatic or otherwise declared to be of
unsound mind; or
f) if he is under a sentence of death imposed on him by any court or a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on him by a court or substituted by a competent authority
for some other sentence imposed on him by a court; or
g) if within five years prior to the date on which he seeks to be elected or appointed he has been sentenced to
imprisonment for a period exceeding twelve months for an offence which involves dishonesty and has not
been granted a pardon; or
h) if, in the case of the election of such a member as is referred to in paragraph (b) of subsection (1) of section
43 he is for the time being a Paramount Chief under any law.
(2) Parliament may provide that a person shall not be qualified for election or appointment to Parliament for such
period (not exceeding five years) as may be prescribed by Parliament if he is convicted by any court for such offence
connected with the election of Members of Parliament as may be so prescribed.
(3) Parliament may provide that any person who is the holder of any office the functions of which involve
responsibility for, or in connection with, the conduct of any election to Parliament or the compilation of any register
of voters for the purposes of such an election shall not be qualified for election or appointment to Parliament.
(4) Parliament may provide that a person disqualified under paragraph (f) or (g) of subsection (1) by reason of his
being under a sentence of imprisonment exceeding twelve months for any such offence (being an offence that
appears to Parliament to involve dishonesty) as may be prescribed by Parliament or by reason of his being under
sentence of imprisonment that includes such a sentence for any such offence shall not be qualified for election or
appointment as Member of Parliament for such period from the date an which he ceases to be disqualified under that
paragraph (not exceeding five years) as may be so prescribed.
(5) For the purposes of paragraphs (f) and (g) of subsection (1) two or more sentences of imprisonment that are
required to be served consecutively shall be regarded as separate sentences if none of those sentences exceed twelve
months but if any one of those sentences exceed that term they shall be regarded as one sentence.
(6) A person shall not be disqualified for election or appointment as a member of Parliament under paragraph (b) of
subsection (1) by reason only that he holds the office of Vice-President, Minister, Deputy Minister, Special
Parliamentary Assistant, Paramount Chief, Member of a Chiefdom Council, Member of a Local Court or member of
any body corporate established by or under any of the following laws, that is to say, the Freetown Municipality Act,
the Chiefdom Councils Act, the Rural Area Act, the District Councils Act, the Sherbro Urban District Council Act,
the Bo Town Council Act, and the Townships Act or any law amending or replacing any of those laws.
(7) Save as otherwise provided by Parliament, a person shall not be disqualified from being a Member of Parliament
by reason only that he holds office as a Member of a Statutory Corporation.
(8) Notwithstanding the provisions of paragraph (b) of subsection (1) a person mentioned in that paragraph shall not
be disqualified from being a Member of Parliament if he is appointed as such by the President under paragraph (c) of
subsection (1) of Section 43.
Tenure of seats of
members of
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.