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CHAPTER XIII

MISCELLANEOUS

Interpretation.

171.

(1) in this Constitution unless a contrary intention appears—

"Chiefdom Council" means a Chiefdom Council constituted under the Chiefdom Councils Act;

"Commission of Inquiry" includes a committee of inquiry;

"constitutional instrument" means an instrument made under a power conferred in that behalf by this Constitution;

"Court" means any court of law in Sierra Leone including a court martial;

"law" includes—

(a) any instrument having the force of law made in exercise of a power conferred by law;

(b) customary law and any other unwritten rules [of] law;

"Local Court" means a Court established by or under the Local Courts Act, 1963;

"Oath" includes an affirmation;

"The President" means the President of the Republic;

"Public Emergency" includes any period during which

(a) Sierra Leone is at war; or

(b) there is in force a Proclamation issued by the President under subsection (1) of section 29; or

(c) there is in force a Resolution of Parliament made under subsection (3) of section 29;

"public office" includes an office the emoluments attaching to which are paid directly from the Consolidated Fund or directly out of moneys provided by Parliament;

"public officer" means a person holding or acting in a public office;

"public services" means, subject to the provision of subsections (3) and (4), service of the Government of Sierra Leone in a civil capacity and includes such service in respect of the Government existing in Sierra Leone prior to the twenty-seventh day of April, 1961;

"Session" means the sittings of Parliament when it first meets after the commencement of this Constitution or after the prorogation or dissolution of Parliament at any time and ending when Parliament is prorogued or dissolved without having been prorogued;

"Sierra Leone" means the territory more particularly described in the First Schedule;

"Statutory Instrument" means any proclamation, regulation, order, rule or other instrument (not being an Act of Parliament) having the force of law;

"the Sierra Leone Police" means the Police Force established under the Police Act, 1964;

"sitting" means a period during which Parliament is sitting continuously without adjournment including any period during which Parliament is in committee.

(2) In this Constitution unless a contrary intention appears—

(a) words importing male persons shall include female persons and corporations;

(b) words in the singular shall include the plural, and words in the plural shall include the singular;

(c) where a word is defined, other parts of speech and tenses of that word shall have corresponding meanings;

(d) words directing or empowering a public officer to do any act or thing, or otherwise applying to him by the designation of his office, shall include his successors in office and all his deputies or all other assistants;

(e) words directing or empowering a Minister to do an act or thing or otherwise applying to him, but the designation of his office, shall include a Minister acting for him, or if the office is vacant a Minister designated to act in that office by or under the authority of an Act of Parliament and also his successors in office or all his deputies or other assistants.

(3) In this Constitution unless otherwise expressly provided "the public service" includes service in the office of Chief Justice, a Justice of the Supreme Court, Justice of Appeal, Judge of the High Court or of the former Supreme Court or in the office of Judge of any other court established by Parliament being an office the emoluments attaching to which are paid out of the Consolidated Fund or any other public fund of Sierra Leone, and service in the office of a member of the Sierra Leone Police Force.

(4) In this Constitution "the public service" does not include service in the office of President, Vice-President, Speaker, Minister, Deputy Minister, Attorney-General and Minister of Justice, Deputy Speaker, Member of Parliament, or of any member of any Commission established by this Constitution, or any member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law, or in the office of any Paramount Chief, Chiefdom Councillor or member of a Local Court.

(5) In this Constitution, unless a contrary intention appears—

(a) a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act in or perform the functions of that office; and

(b) a reference to the holder of an office by a term designating his office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office.

(6) Where by this Constitution power is vested in any person or authority to appoint any person to act in or perform the functions of any office, if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.

(7) In this Constitution and in any other law—

(a) the power to appoint any person to hold or to act in any office in the public service shall include the power to confirm appointments, to exercise disciplinary control over persons holding or acting in such offices and to reappoint or reinstate any person appointed in exercise of the power in question, unless such power is expressly or by necessary implication conferred upon some other person or authority by this Constitution.

(b) where a power is conferred or a duty is imposed on the holder of an office as such, the power may be exercised and the duty shall be performed by the person for the time being charged with the performance of the functions of his office.

(8) Reference in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service;

Provided that—

(a) nothing in this subsection shall be construed as conferring on any person or authority the power ot require a Judge of the High Court, a Justice of Appeal or a Justice of the Supreme Court, the Solicitor-General, the Director of Public Prosecutions or the Auditor-General to retire from the public service; and

(b) any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission, established by this Constitution, be vested in the Public Service Commission.

(9) In this Constitution, reference to a subsection, paragraph, sub-paragraph or item shall be construed as reference to a subsection, paragraph, sub-paragraph or item of the section, subsection, paragraph or sub-paragraph as the case may be in which the reference is made.

(10) Any provision in this Constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officers on attaining an age specified by or under that law.

(11) Where any power—

(a) is conferred by this Constitution to make any order, regulation, rule or pass any resolution or give any direction or make any declaration or designation, it shall be deemed to include the power, exerciseable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, constitutional or statutory instrument, resolution, direction, declaration or designation as the case may be;

Provided that nothing in this subsection shall apply to the power to issue a certificate conferred by paragraph (b) of subsection (6) of section 50 of this Constitution.

(b) is given to any person or authority to do or enforce the doing of any act or thing, all such powers shall be deemed to be also given as are necessary to enable that person or authority to do or enforce the doing of the act or thing.

(12) For the purposes of this Constitution a person shall not be regarded as holding an office of emolument under the Government by reason only that he is in receipt of a pension or other like benefit in respect of service in an office under the government.

(13) No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a Court from exercising jurisdiction in relation to any question whether the person or authority has performed those functions in accordance with this Constitution or any other law.

(14) Where, under any provision of this Constitution, any person or authority authorised or required to exercise any function after consultation with some other person or authority, the person or authority shall not be required to act in accordance with the advice of that other person or authority, and the question whether such consultation was made shall not be inquired into in any court.

(15) This Constitution shall be the supreme law of Sierra Leone and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void and of no effect.

Legislation.

172.

(1) Any reference in this Constitution to a law made before 27th April, 1961, shall, unless the context otherwise requires, be construed as a reference to that law as it had effect immediately before the coming into effect of this Constitution.

(2) Any reference in this Constitution to a law that amends or replaces any other law or any provision of any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, suspends, repeals, adds new provision, or makes different provisions in lieu of that other law or that provision.

(3) It is hereby declared that—

(a) any power to make laws conferred by this Constitution includes power to make laws having extraterritorial operation;

(b) any reference in this Constitution to the functions of the President includes reference to his functions as Commander-in-Chief of the Armed Forces of the Republic;

(c) the functions of the Commander-in-Chief of the Armed Forces of the Republic shall be such as may be prescribed by Parliament.

Consequential provisions.

173. The provisions of any Consequential Provisions Act made under this Constitution and of any Act relating to citizenship shall not be amended, repealed, re-enacted or replaced unless the Bill incorporating such amendments, repeal, re-enactment or replacement is supported at the final vote thereupon by the votes of not less than two-thirds of the Members of Parliament.