Freetown, Sierra Leone — Parliament’s Minority Leader, Hon. Abdul Kargbo, has firmly clarified that Sierra Leone’s Local Government Act 2022 makes no provision for the position of “Acting Mayor,” even when both the Mayor and Deputy Mayor are temporarily absent from their duties.
In a statement that has sparked widespread discussion across local councils, particularly in the Freetown City Council (FCC), Hon. Kargbo stressed that the law strictly limits any temporary arrangement to procedural matters only. Under Section 16(3) of the Act, when both the Mayor and Deputy Mayor are absent, councillors may select one of their own to preside over council meetings. However, this role carries no executive powers, decision-making authority, or transfer of the Mayor’s office.
“The Local Government Act, 2022 does not provide for any appointment or designation of an ‘Acting Mayor’,” Kargbo stated. He added that a Mayor’s temporary absence, whether for personal reasons, protest, or other short-term matters, does not create a vacancy in the office. Vacancies occur only under clearly defined conditions in the Act, such as death, resignation, or formal removal from office. In such genuine vacancy cases, only the Deputy Mayor is legally empowered to assume full responsibilities.
Context of the Clarification
This legal position comes amid heightened tensions in the Freetown City Council, where the ruling Sierra Leone People’s Party (SLPP) councillors reportedly moved to nominate or designate an “Acting Mayor” following an apparent boycott or absence by elected officials, including Mayor Yvonne Aki-Sawyerr of the All People’s Congress (APC). Mayor Aki-Sawyerr herself has publicly rejected the move, citing the same Section 16(3) and asserting that she remains the duly elected Mayor, with her current absence not meeting the legal criteria for vacancy or removal.
Kargbo warned that any attempt to confer executive authority on a temporary presiding councillor would be unlawful and could render council decisions invalid due to lack of proper authority or quorum.
He emphasized the need for strict adherence to the law to protect democratic governance, prevent abuse of power, and maintain institutional integrity at the local level.
Key Provisions from the Local Government Act 2022
– Section 16(3): The Mayor (or District Council Chairperson) presides over meetings; in their absence, the Deputy does so; and only in the absence of both may councillors appoint one from among themselves to preside — strictly for that meeting.
– Deputy Mayor’s Role: The Deputy assists the Mayor and acts in their absence, ensuring continuity of executive functions.
– Vacancy Rules (Section 13): The office becomes vacant only upon death, resignation, disqualification, or formal removal — not mere temporary absence.
Legal observers and opposition figures have described the clarification as a timely reminder of the rule of law in decentralized governance, especially as Sierra Leone’s local councils handle critical devolved functions such as waste management, markets, roads, and basic service delivery in the capital and other regions.
Hon. Kargbo concluded by urging all local councils to operate strictly within the confines of the 2022 Act to safeguard public trust and avoid potential legal challenges that could disrupt local administration.
The development underscores ongoing political friction between the APC-led mayoralty in Freetown and SLPP councillors, highlighting broader debates about power-sharing, boycotts, and adherence to legal frameworks in post-2023 election Sierra Leone. As public discourse continues, stakeholders have called for dialogue to ensure uninterrupted service delivery to residents.
