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The Sierra Leone Judiciary: Structure, Challenges, and Reforms
The judiciary of Sierra Leone, as outlined in the 1991 Constitution, is an independent branch of government responsible for upholding the rule of law and ensuring justice. Headed by the Chief Justice, it comprises a hierarchical court system that blends common law, statutory law, and customary law, reflecting the country’s colonial history and cultural diversity. The judiciary plays a critical role in Sierra Leone’s democracy, handling civil, criminal, and constitutional matters.
Structure
The judiciary is divided into superior and inferior courts:
- Superior Courts: These include the Supreme Court (the highest court with final jurisdiction), the Court of Appeal, and the High Court. The Supreme Court, led by the Chief Justice, has the power to overturn lower court rulings and interpret constitutional matters.
- Inferior Courts: These consist of Magistrates’ Courts, which operate in each district, and Local Courts, which administer customary law in rural areas outside the Western Area.
- Specialized Courts: The Residual Special Court for Sierra Leone (RSCSL), a successor to the Special Court for Sierra Leone (SCSL), addresses war crimes and international humanitarian law violations from the 1991–2002 civil war. An Anti-Corruption Court was established in May 2024 to tackle corruption cases.
Judicial appointments are made by the President, advised by the Judicial and Legal Service Commission, with parliamentary approval requiring a 60% majority.
- Public Trust: Political interference and delayed judgments have eroded confidence, with opposition parties like the All People’s Congress expressing distrust in the judiciary post-2023 elections.
- Integrating customary law with statutory systems, as seen in the Code of Ethics and Service Standards for chiefs, to ensure fair traditional justice.
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