By Amin Kef (Ranger)
Fair Hearing Guidelines for Tribunals, in tandem with Section 23(2) of the 1991 Constitution, which guarantees “fair hearing” in proceedings before any Court and shall apply to any Tribunal established under the Constitution has been released by the Judiciary of Sierra Leone under the leadership of His Lordship Hon. Justice Desmond Babatunde Edwards.
These Guidelines will be observed on cases of Tribunals to investigate public officials for misconduct.
It must be noted that they are made in fulfillment of the provisions of S.23(2) of the 1991 Constitution which guarantees “fair hearing” in proceedings before any court and shall apply to any Tribunal established under the Constitution or any other law.
Adjudicating, investigatory and other quasi-judicial bodies shall be at liberty where applicable to adopt and use these fair hearing guidelines. The word Tribunal is used throughout the guidelines and it will include any other adjudicating bodies or authorities that may opt to use these guidelines.
It was stated that the membership of the tribunal shall be as stated in the Constitution of Sierra Leone or any other constituting instrument and shall at its commencement set the number of its members that shall be sufficient for the tribunal to proceed with its business.
Also highlighted was that in the furtherance of the Rule of law and natural justice all persons are equal before the Tribunal with no preferential treatment given to any person or official appearing before the Tribunal
Furthermore, all persons are presumed innocent until a contrary finding is made by the tribunal as no one shall be compelled to incriminate him or herself with all sides to be heard.
It was also maintained that formalities of process and the form of documents filed should be kept to the barest minimum save that which is absolutely necessary for the orderly conduct of the business of the tribunal.
That the tribunal shall have liberty to add to or vary these guidelines save that same must not be inconsistent with the guidelines set in which case such New Guidelines shall be void.
Furthermore, the tribunal shall be at liberty to give directions on the future conduct of proceedings of the tribunal as appear best adapted to secure the just and expeditious disposal of the hearings and findings of the tribunal.
Stated also was that the party being investigated shall have full opportunity with the assistance of counsel of his choice to present its case and the tribunal shall ensure that ample time within the scope of the tribunal’s overall time table is made available to the person under investigation.
Finally, the State is encouraged to provide fully any and all relevant documents which the person being investigated shall require for his/her case.
