The right for an individual to have his cause heard.
Legal framework
The Constitution in section 23 provides for the protection of the right of an
individual to have his cause heard. In addition to this, it provides in subsection 7
that an individual should not be charged of an offence which was not a crime at
the time it was committed (ex post facto law).
General practise
Section 23 (7) of the Constitution protects individuals from ex post facto laws.
This is a highly debatable area as a case involving drug trafficking in 2008 was
questioned by the defence lawyers; they claimed that the crime charged was not a
crime at commission. However, being part of The International Community and a
party to the United Nations treaty on the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 it could
not be argued conclusively that the laws enacted where in fact retroactive as
ratification had been done before then.
The Constitution establishes the Courts, which shall be independent and impartial
tribunals entrusted with the responsibility of dispensing justice. In addition, it
recognises the existence of other courts established by law such as the local courts
and the court martial. The existence of all these courts provides individuals the
opportunity to not only have causes heard, but that such hearings should be done
by independent and impartial tribunals. With the enactment of the Local Courts
Act 2011 which brings Local Courts under the jurisdiction of the Judiciary, it is
hoped that less arbitrary judgements will be passed in these of Customary Law
Courts as this is where the majority of Sierra Leoneans seek justice. There are still
challenges with the traditional rulers who adjudicate on issues outside of their
mandate and in some instances promote injustice especially in the rural areas. As
the Local Courts Act 2011 makes provision for mediation, reform measures have
started with these traditional rulers to support them in this process.
Where an individual whose cause has been heard by the courts is not satisfied
with his judgement, his case will be reheard as of right on appeal by the court
immediately above the previous court. The Constitution establishes a hierarchy of
courts which makes provision for appeals to be heard by each court from the court
immediately below it.
The Constitution protects Judges from removal from office except if the reason
for such removal is incompetence or gross misconduct. As such, judges have a
secure tenure. After a number of development partners had intervened to support
improved terms and conditions for Judges and Magistrates; the government itself
has now stepped in and reviewed the salaries and allowances for all Judges and
Magistrates.. This has attracted more legal practitioners to the Bench and, the
number of Judges and Magistrates have effectively increased. Though this is a
positive development, there is still the need for additional Judges considering the
number of cases in the courts, to prevent delays in justice.
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