By Nasratu Kargbo
The 1927 Protectorate Land Ordinance Cap 122, which prevents a non-native (Krio) from owning lands in the provinces, will be repealed, according to the Minister of Lands, Housing and Country Planning Dr. Turad Senesie.
He was responding to questions from Members of Parliament with regards to that law, during the pre-legislative hearing of the bill entitled the Customary Land Right Act 2021 on the 25th of July 2022.
According to Senesie, this will stop all forms of discrimination when it comes to the acquisition of lands in the provinces. The bill proposes that every Sierra Leonean despite their tribe should be able to own land in any part of the country if they wish to do so.
Clause 4 (1) of the bill states that: “A citizen shall not be refused the right to hold, use or elimination of acquired land that is subject to customary law based on that citizen’s (a) gender (b) tribe (c) religion (d) ethnicity (e) age (f) marital status (g) social status or (h) economic status”.
The minister explained that the spirit behind that law is to give all Sierra Leoneans equal opportunity to acquire land across the country.
Representing constituency 003 Hindolo Moiwo Gaveo commended the bill for proposing to eliminate all forms of discrimination to make an individual eligible to own land in the provinces.
He however noted that the law states that any law that contravenes it would be of no effect, and asked whether they took account of all land laws when drafting the bill, noting that the country has a dual-land tenure system, of which one is for the protectorate and the other for the Western Area.
“There is a very strong clause which I know is discriminatory, but yet in force, that says that somebody that is a Krio cannot own land in the protectorate,” said Gaveo, the MP emphasizing that the law is discriminatory.
P.C. Bai Kurr Kanagbaro Sanka III mentioned the Land Tenure System Cap of 1st August 1927, and just like Gaveo, Kanagbaro explained that the law is still in existence.
The PC expressed concern, as to what ought to be done regarding Cap 122.
The 1927 Protectorate Land Ordinance Cap 122 gave conditions under which a non-native cannot occupy land in the protectorate (provinces). Section 3 (1) of the Act states that: “No land in the Protectorate shall be occupied by a non-native unless he has first obtained consent from the Tribal Authority to his occupation of such land”.
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