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CHAPTER XI

THE ARMED FORCES

Establishment of the Armed Forces.

165.

(1) There shall be the Armed Forces of Sierra Leone which shall consist of the Army, the Navy and the Air Force, and such other branches for which provision is made by Parliament.

(2) The principal function of the Armed Forces shall be to guard and secure the Republic of Sierra Leone and preserve the safety and territorial integrity of the State, to participate in its development, to safeguard the people's achievements and to protect this constitution.

(3) No member of the Armed Force shall hold office as President, Vice-President, Minister or Deputy Minister, or be qualified for election as a Member of Parliament whilst he remains a member of the Armed Forces.

Prohibition of private armed forces.

166. No person shall raise any armed force except by or under the authority of an Act of Parliament.

Appointments in the Armed Forces.

167.

(1) There shall be established a Defence Council which shall consist of—

(a) the President, who shall be the Chairman;

(b) the Vice-President;

(c) the Minister responsible for Defence;

(d) the Chief of Defence Staff;

(e) the Commanders of the Armed Forces (Army, Navy and Air Force) and their deputies;

(f) the Minister of Internal Affairs;

(g) two other persons as the President shall from time to time appoint.

(2) Every member of the Defence Council shall take and subscribe the oath as set out in the Third Schedule to this Constitution.

(3) The Permanent Secretary of the Ministry of Defence shall be the Secretary to the Council.

Functions of the Defence Council.

169.

(1) The Defence Council shall advise the President on all major matters of policy relating to defence and strategy including the role of the Armed Forces, military budgeting and finance, administration and the promotion of officers above the rank of Lieutenant or its equivalent.

(2) The Defence Council may, with he prior approval of the President, make regulations for the performance of its functions under this Constitution or any other law, and for the effective and efficient administration of the Armed Forces.

(3) Regulations made pursuant to the provisions of subsection (2) shall include regulations in respect of—

(a) the control and administration of the Army, the Navy and the Air Force of Sierra Leone;

(b) the ranks of officers and men of each Armed Force, the members in each such rank and the use of uniforms by such men;

(c) the conditions of service, including those relating to the enrolment and to the pay, pensions, gratuities and other allowances of officers and men of each Armed Force and deductions therefrom.

(d) the authority and powers of command of officers and men of each Armed Force; and

(e) the delegation to other persons of powers of commanding officers to try accused persons, and the conditions subject to which such delegation may be made.