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A recent government press release confirming the granting of mining rights to the Sierra Leone Mines and Minerals Development and Management Corporation in Tonkolili District has laid bare the land ownership, compensation, and respect for community authority in Sierra Leone.
The press release confirms that the SLMMDMC has been given rights to operate in the Tonkolili area through a statutory instrument, even though the company has yet to pay any compensation to landowners or engage with local authorities and community stakeholders.
This decision, however, stands in stark contrast to Section 21(1)(c)(i) of the Constitution of Sierra Leone 1991, Act No.6 of 1991 which clearly states:
“No property of any description shall be compulsorily taken possession of… unless the taking of possession or acquisition is necessary in the interests of defense, public safety, public order, public morality, public health, town and country planning or the development or utilization of any property in such a manner as to promote the public benefit, and there is provision for the prompt payment of adequate compensation.”
Community members and local authorities have argued that this constitutional provision mandates compensation as a prerequisite for any lawful acquisition or usage of land. In this case, that requirement appears to have been ignored.
At the same time, Gento Group, a local company based and owned by a Sierra Leonean businessman, reportedly secured permission from the local authorities and landowning families to carry out activities in the same area. While Gento may not have obtained a statutory instrument from the government through parliament, their agreement with the community and local leadership aligns with the traditional land governance system in Sierra Leone, particularly in the provinces where land is communally owned and administered by local authorities under customary law.
Community land in the provinces is not state-owned; it is under the custodianship of chiefs and landowning families. This principle, affirmed in various land policies, recognises the authority of local stakeholders in decisions about land use, access, and benefits of those lands.
Many Sierra Leoneans now question why the government would override community consent and customary land rights in favour of a company that has reportedly failed to fulfil its legal and moral obligations, including compensation and community consultation.
A resident said that this move undermines community land rights and sets a dangerous precedent, he said that they are not against investment. Still, they demand respect, fairness, and compensation as guaranteed by the Constitution. But more importantly, they have given their land to Gento and he should use it accordingly.
First of all, government is the supreme head or overseer of all activities taken place in the country and the constitution must be respected by everyone and on the other hand, communal landownership right must also be respected and allow them to fill their agreement with the company before granting mining license to the company to start operation.
But my question here is that,why government grants license to the company while the company and the communities members haven’t made any agreement?
I thought the Gentos were buying their way into Bio’s good graces, what happened. In this matter, while the government has its rights, it generally doesn’t do mining deals without consulting local chiefs. So this is very suspect. Bribery and corruption are in play