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The Minority Leader of the Parliament of Sierra Leone, Abdul Kargbo, has issued a legal clarification stating that the Local Government Act, 2022 contains no provision recognising the position of an “Acting Mayor,” a position he says has significant constitutional implications for local councils across the country.
Speaking on the matter, Hon. Kargbo drew a distinction between the procedural authority granted to councillors to preside over meetings and the assumption of full executive powers. He explained that while councillors may appoint one of their members to chair proceedings in the absence of a sitting mayor, such an arrangement does not constitute the conferral of mayoral authority.
“Temporary absence of a mayor does not justify appointing an Acting Mayor or transferring executive authority,” he stated.
The Minority Leader further clarified the legal conditions under which a mayoral seat may be declared vacant. According to him, the law is explicit that a mayoral position becomes vacant only in cases of death, voluntary resignation, or formal removal through due process. He noted that mere physical absence—whether temporary or prolonged—does not create a vacancy and therefore provides no legal basis for installing an Acting Mayor.
Beyond the question of executive authority, Hon. Kargbo also raised concerns about the procedural integrity of council decisions taken under irregular circumstances. He cautioned that any resolutions made without the required quorum could be declared invalid, particularly where such decisions are taken under improperly constituted leadership.
The clarification comes amid ongoing national discussions on compliance with the Local Government Act, 2022, legislation that redefined the framework for decentralised governance in Sierra Leone following years of reform. Legal experts and civil society organisations are expected to weigh in as the issue continues to generate public interest.
Hon. Kargbo’s remarks underscore the importance of adherence to established legal frameworks, reinforcing the principle that local councils must operate strictly within the bounds of the law.
Source: https://www.facebook.com/share/1E9SDhzG8a/
