By Amin Kef (Ranger)
The Opposition Leader of Parliament, Abdul Kargbo, has provided a detailed clarification on the provisions of the Local Government Act 2022, emphasizing that the law does not recognize or provide for the appointment of an “Acting Mayor” in situations where both the Mayor and Deputy Mayor are absent.
His clarification comes amid increasing public debate and concerns over leadership continuity within local councils, particularly in major municipalities across the country.
Speaking on the matter, Hon. Abdul Kargbo explained that the Act only makes limited provisions to ensure that council activities, especially meetings, can proceed in the temporary absence of both the Mayor and Deputy Mayor. He pointed specifically to Section 16(3) of the Act, which states that the Mayor shall preside over council meetings or in his or her absence, the Deputy Mayor and in their absence, a councillor appointed from among elected councillors.
According to him, that provision is strictly procedural and should not be misinterpreted as conferring executive authority on any councillor selected to preside over such meetings. “The law is very clear. The Councillor appointed in such circumstances is only mandated to preside over meetings. That role does not translate into assuming the office or powers of the Mayor,” he stated.
Hon. Abdul Kargbo further stressed that the absence of a Mayor does not in itself create a vacancy in the office. He referenced Section 13(1) of the Act, which outlines specific conditions under which the office of Mayor can be declared vacant. Those include death, resignation, lawful removal from office, disqualification or any other circumstances provided for under the law.
He maintained that unless one of those conditions is met, the office remains legally occupied, regardless of whether the Mayor is temporarily unavailable. “Temporary absence or unavailability does not constitute a vacancy in law and cannot be used as a basis for any individual to assume or exercise the powers of the office outside what the Act provides,” he emphasized.
The Opposition Leader also highlighted the critical role of the Deputy Mayor in maintaining continuity in local governance. He noted that the Act empowers the Deputy Mayor to act in the absence of the Mayor, ensuring that administrative functions, decision-making processes and service delivery are not disrupted.
However, he clarified that even in situations where both the Mayor and Deputy Mayor are unavailable; the law does not permit the creation of an “Acting Mayor” position. Instead, the council may only designate a Councillor to preside over meetings on a temporary basis, strictly within the limits defined by the Act.
In addition, Hon. Abdul Kargbo underscored the importance of quorum in validating Council proceedings. Citing Section 16(6), he explained that a council meeting can only be considered legally constituted if at least half of all councillors are present. For meetings involving financial matters, the requirement is higher, with at least three-fourths of councillors required to form a quorum.
He warned that any decisions taken in the absence of the prescribed quorum would lack legal validity and could be subject to challenge. “Without quorum, there is no legal competence for the council to deliberate or make binding decisions,” he noted.
Observers say the clarification provided by Hon. Abdul Kargbo is significant in reinforcing proper interpretation of the Local Government Act 2022, particularly at a time when questions around leadership roles and authority within local councils continue to emerge.
Governance experts argue that the Act draws a clear distinction between “absence” and “vacancy,” ensuring that while administrative continuity is preserved, the integrity of legally established offices is not compromised.
They further note that by limiting the role of Councillors in such situations to presiding over meetings, the law prevents the unauthorized assumption of executive powers and safeguards the structure of local governance.
Hon. Abdul Kargbo’s position ultimately underscores the importance of strict adherence to the law in managing leadership transitions, ensuring that governance at the local level remains both effective and legally sound.
Councillor Ibrahim Gbla, a member of the ruling Sierra Leone People’s Party (SLPP), who was appointed by SLPP Councillors as Acting Mayor, has publicly rejected being referred to as the Acting Mayor of the Freetown Municipality, clarifying that his role is limited to leading the party’s Councillors at the City Council.
In a viral video currently circulating on Social Media, Ibrahim Gbla, who was interviewed by a journalist, dismissed claims that he had been designated as Acting Mayor. He emphasized that his appointment by the SLPP was strictly to serve as leader of the party’s 18 councillors within the Freetown City Council.
“I want to make it clear that I am not an Acting Mayor; my party has asked me to serve as the SLPP Councillors’ leader at council. If you look at my social media page, there is nothing like Acting Mayor,” he stated.
The clarification comes amid growing public discussion about his role, with some earlier narratives suggesting that he had assumed an Acting Mayoral position.
