Introduction

The legal framework governing land acquisition in Sierra Leone’s provinces has undergone substantial transformation, reflecting the nation’s evolving socio-political and economic priorities. Historically, land tenure was deeply rooted in customary traditions, with ownership structures dictated by tribal authorities, family inheritance systems, and communal land governance mechanisms. The enactment of the Customary Land Rights Act 2022 (CLRA 2022) signals a fundamental shift in how provincial land is acquired, leased, and managed, replacing outdated restrictions with a more inclusive framework that aligns with constitutional principles of equity and justice.

Prior to the enactment of the CLRA 2022, the Provinces Land Act Cap 122 of 1960 conferred paramount land ownership on Tribal Authorities, effectively excluding non-natives from acquiring land in the provinces. This legal restriction mirrored colonial-era governance models designed to preserve land within indigenous communities, yet over time, such limitations impeded economic growth, hindered investment, and reinforced systemic inequalities. With the repeal of Cap 122 by the National Land Commission Act 2022, the CLRA 2022 establishes a progressive land tenure model, ensuring that land transactions adhere to principles of natural justice, equity, and non-discrimination.

A defining characteristic of provincial land ownership is that paramount title is vested in an entity or collective body rather than an individual, underscoring the communal and familial nature of land governance. However, land acquisition under customary law is not merely a transaction; it is an intricate process shaped by historical precedents, tenure classifications, and governance institutions. The CLRA 2022 now integrates these customary practices into a structured statutory framework, guaranteeing formal recognition, legal registration, and enforceable tenure rights for landowners, investors, and communities alike.

This article critically examines the evolution of provincial land law, the governance structures established by the CLRA 2022, and the procedural mechanisms governing tenure systems, acquisition processes, leasing regulations, and dispute resolution frameworks. It further explores sector-specific land acquisition caps and the legal safeguards designed to balance economic development with environmental and social protections. Through this analysis, the impact of the CLRA 2022 and the National Land Commission Act 2022 on Sierra Leone’s land governance system will be illuminated, providing key insights into the future trajectory of land rights and investment opportunities in the provinces.

Evolution of Provincial Land Law: From Cap 122 to CLRA 2022

Under customary law, land tenure is a complex interplay of communal, family, and individual ownership structures. The CLRA 2022 codifies existing customary practices while integrating principles of equity and non-discrimination. Section 3 of the Act ensures that all citizens, irrespective of origin, can acquire land under customary tenure, reinforcing constitutional protections under Sections 5(2) and 21 of the Sierra Leone Constitution (1991). This legislative shift dismantles prior restrictions on non-native ownership while maintaining the foundational role of customary governance in land administration.

 Governing Committees and Land Administration Framework

Land administration in the provinces is now structured under two primary committees:

• Chiefdom Land Committee, comprising the Paramount Chief (chairperson), section landowners, and land users, with a mandated 30% female representation (Section 42, National Land Commission Act 2022).
• Town or Village Land Committee, consisting of local chiefs, four resident landowners, two non-landowners, and section chiefs, all elected by a two-thirds majority of community residents aged 18+ (Section 49).

These committees play a central role in land registration, dispute resolution, and leasing negotiations, ensuring equitable representation in decision-making processes.

Tenure Systems and Land Acquisition Procedures

Tenancy Types under Customary Law

The CLRA 2022 defines seasonal, indefinite, short-term, and long-term tenancies, each governed by distinct legal parameters:

• Seasonal tenancy – Granted for a single farming season.
• Indefinite tenancy – For an undefined period, excluding community land.
• Short-term tenancy – Valid for under three years.
• Long-term tenancy – For permanent structures or farming, capped at 50 years, with commercial leases renewable for 21 years.

Family and Communal Land Acquisition

• Family Land Tenure: Ownership is collectively vested, requiring 60% of adult family members’ informed consent before transaction approval. Negotiations occur under a designated family committee, followed by certification from the Chiefdom Council Committee and registration at the District Land Commission.
• Communal Land Tenure: Managed by the Town or Village Land Committee, community land transactions require 60% adult community consent and detailed investment explanations before negotiations commence.

Land Leasing for Investment Purposes

Key Steps in the Leasing Process

Investors seeking to lease land for commercial purposes must adhere to strict procedural requirements:

1. Community Engagement: Disclosure of investment scope, government approvals, and expected socio-economic impacts.
2. Survey and Registration: Independent surveys determine precise land boundaries, followed by registration.
3. Certification and Agreement: Lease agreements undergo Chiefdom Council certification and registration at the District Land Commission, ensuring legal recognition of tenure rights.

Lease rents are deposited into designated bank accounts, with government-set minimum rates revised every five years.

Mandatory Lease Agreement Terms under CLRA 2022

In addition to negotiated terms, Section 33 mandates essential clauses in land leases, including:

• Detailed land description, investment scope, and usage parameters.
• Environmental impact assessments and compliance monitoring frameworks.
• Employment opportunities and protections for community access.
• Dispute resolution mechanisms and contractual review protocols.

These provisions ensure transparency, accountability, and sustainable land use within the provinces.

Regulatory Limits on Land Acquisition

Investors are subject to sector-specific land acquisition caps, as outlined in the CLRA 2022:

• Agriculture: Maximum 15,000 hectares per investment.
• Mining: Maximum 10,000 hectares per investment.
• Other industries: Maximum 5,000 hectares per investment.

Additional land acquisition is contingent upon demonstrated effective land use and adherence to environmental and legal compliance frameworks.

Dispute Resolution in Land Transactions

Disputes arising from land acquisitions or tenure disputes are adjudicated through local governance structures:

• Town or Village Area Land Committee handles community-level disputes.
• Chiefdom Land Committee provides oversight for larger claims.
• National Land Commission Act 2022 (Section 80) establishes formal grievance mechanisms for provincial land conflicts.

Conclusion

The enactment of the Customary Land Rights Act 2022 and the National Land Commission Act 2022 marks a transformative era in Sierra Leone’s land governance. By ensuring equitable access, transparency, and sustainable management, these legal frameworks empower communities while facilitating responsible investment. Understanding and adhering to these statutory provisions is essential for all stakeholders navigating land acquisition in the provinces.

BY CHRISTIAN SANKOH ESQ.