Sierra Leone: A country review of crime and criminal justice, 2008

This report chapter examines the customary justice system in Sierra Leone, a dual legal structure where informal local courts provide the primary means of justice for most citizens, particularly in provinces. While generally viewed positively by users, the system suffers from severe institutional decay, lack of funding, and discriminatory practices against women and juveniles.

• Sierra Leone operates a dual court system consisting of general law courts and customary law local courts, a structure originating from colonial rule. Customary law is formally recognized under section 170(2) of the 1991 Constitution, which defines it as rules applicable by custom to specific communities.
• Local courts have limited jurisdiction, focusing on native customary law institutions like marriage and divorce, land/bush disputes, and minor criminal cases where the maximum penalty is a fine of £50 or six months' imprisonment. There are 288 such courts nationwide, and lawyers are prohibited from appearing before them.
• The customary justice system is managed by the local government division of the Ministry of Internal Affairs and Local Government. This includes the Chiefdom Police, who handle crime detection, apprehension of offenders, and the enforcement of by-laws, as well as Local Court Supervisors (LCS) who provide legal advice and training to local courts.
• Since 1990, the effectiveness of the customary law system has been compromised by understaffing, a lack of state subsidies, political interference, and insufficient incentives for staff. In some areas, courts have ceased operating due to salary strikes, and the Eastern Province has faced a three-year backlog of civil and land disputes.
• Customary justice is often discriminatory toward women and juveniles, particularly regarding marriage and inheritance. Issues include the absence of a minimum marriage age, the inferior status of women, and the lack of property rights upon divorce, which the report notes conflicts with CEDAW Article 16 and ACHPR Article 18.
• Public perception of customary justice is generally positive, with many reporting satisfaction with decisions and believing fines in the Northern Province are affordable. However, barriers such as transport costs exist, and land/bush disputes are notably not recorded or subject to appeal.
• In the Kenema District of Eastern Sierra Leone, the customary system faces critical failures, including the expiration of all court chairpersons' mandates and a lack of regular salaries and social security for members. Reports of human rights abuses have emerged, such as a woman being fined Le 600 000 for refusing intimacy with her husband.

APA

Institute for Security Studies (2009). Sierra Leone: A country review of crime and criminal justice, 2008. https://issafrica.org/19-aug-2009-iss-today-why-is-justice-still-elusive-for-the-majority-of-africans/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-8-customary-justice

Chicago

Institute for Security Studies. Sierra Leone: A country review of crime and criminal justice, 2008. 2009. https://issafrica.org/19-aug-2009-iss-today-why-is-justice-still-elusive-for-the-majority-of-africans/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-8-customary-justice.

Wikipedia

{{cite report |author=Institute for Security Studies |title=Sierra Leone: A country review of crime and criminal justice, 2008 |date=May 2009 |url=https://issafrica.org/19-aug-2009-iss-today-why-is-justice-still-elusive-for-the-majority-of-africans/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-8-customary-justice |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudies2009sierra, author = {{Institute for Security Studies}}, title = {{Sierra Leone: A country review of crime and criminal justice, 2008}}, institution = {Institute for Security Studies}, year = {2009}, month = may, url = {https://issafrica.org/19-aug-2009-iss-today-why-is-justice-still-elusive-for-the-majority-of-africans/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-8-customary-justice}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }