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2004 Local Government Act Repealed

Independent Observer by Independent Observer
December 28, 2022
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By Alieu Amara Suwu

On Monday 19 December 2022, the 2004 Local Government was repealed and replaced with the Local Government Act 2022 by Parliament.

The Act is to provide for the continuation of local councils, the decentralization and devolution of functions, powers, and services to local councils, and generally for the development of Sierra Leone.

Ambassador Tamba Lamina, Minister of Local Government and Rural Development, said Sierra Leoneans could recall that in 2004 there was an enactment of the of act that set the pace for all the laws of councils and devolution of functions.

He said eighteen years on, things have changed, and thus a decision was taken to review the Act and have a new act.

Going into the Act, Minister Lamina said the new Act agrees that decentralization is the sure way to ensure that the people’s voices are included in governance. He said in 2004 there were divulged functions and many of those of course in terms of devolution of the asset, and staffs have not been fully achieved as yet.   However, he said Government still realizes that they have come a long in the devolution process but more needs to be done, and that day – enactment of the act – it is entrenched in law that the decentralization must continue.

Key changes he mentioned are that, the Act gives more powers to councils for revenue generation; heads of district councils were called chairpersons but the Act now states ‘District Chairperson’; the tenure of councils which was four years has been extended to five years; candidates for  mayoral and district chairperson now contest along with their running mates; and tribal heads and village headmen in the Western Area now become ex officio members of councils because they play a critical role in councils though they will have no voting right on decisions. He added that, for all the 22 municipalities (councils), accountability will be a major stead particular transparency and the Act now makes it mandatory for councils to make publication (on notice boards) of how councils spend public funds, refusing to do so a fine of NLe. 25,000 will be levied; the Act provides a salary for mayors and chairpersons with end-of-service benefit rather than just receiving sitting fees and remunerations as it used to be, and areas of recruitment procedures and collaboration with the Land Commission addressed. On implementation, he said, as a supervisory Ministry, they have the required structures to ensure that their policies and laws are fully implemented. Also, he noted that Parliament has an oversight function to ensure that councils compile with what the law says. He said they have consulted nationwide with councils about the enactment of the law and decentralization and the welfare of staff be prioritized. The Minister said the Government is critical on the welfare of core staff and dignified workers at councils.

The Act, before it was enacted, went through stages, consultations and though debates. The bill (now act) was halted at certain stages due to controversial clauses, but was later compromised, reaching a consensus by both isles.

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