SIERRA LEONE’S DEMOCRACY ON TRIAL? Part I By: John Abu – B. Sc. Sociology Year II, Njala University Email: johnabu7222@yahoo Mob: +232-76-644396 / +232-88-245008 I want to begin with an overview of what democracy is. We can think of democracy as a system of government with four key elements: 1. A political system for choosing and replacing the government through elections (I supposed, free and fair). 2. The active participation of the people, as citizens, in politics and civic life. 3. Protection of the human rights of all citizens. 4. The rule of law, in which the laws and procedures apply equally to all citizens. Citizens have an obligation to become informed about public issues, to watch carefully how their political leaders and representatives use their powers, and to express their own opinions and interests. As a result, a vital form of participation comes through active membership in independent, non-governmental organizations, what we call “civil society.” Civil society organizations represent a variety of interests and beliefs: farmers, workers (which include doctors, teachers, business owners, religious believers, women, students, human rights activists) and every other citizen. This requires efforts to educate citizens about their democratic rights and responsibilities, improve their political skills, represent their common interests, and involve them in political life. Democracy is a means for the people to choose their leaders and to hold their leaders accountable for their policies and their conduct in office. The people decide who will represent them in parliament, and who will head the government at the national and local levels. They do so by choosing between competing parties in regular, free and fair elections. Government is based on the consent of the governed. In a democracy, the people are sovereign—they are the highest form of political authority. Power flows from the people to the leaders of government, who hold power only temporarily. Laws and policies require majority support in parliament, but the rights of minorities are protected in various ways. The people are free to criticize their elected leaders and representatives, and to observe how they conduct the business of government. President Ernest Bai Koroma, officially launched the Constitutional Review Committee (CRC) at the Miatta Conference Centre, Youyi Building, Brookfields, Freetown on 30th July, 2013. Where he called on all compatriots irrespective of region, district, ethnic, political or religious affiliation to support, to fully participate and take ownership of the entire review process. “This is the best way to make the resulting document a true covenant amongst all of us to honour our common aspirations.” “Good constitutions”, he said, “are not imposed.” The President said, ““I took an oath, on becoming President, to uphold the constitution. Today, I once again recommit my government to honour, respect, and uphold the letter and spirit of the Constitution in Section 108 that provides for the alteration of this constitution. This review shall be true to the processes prescribed in the constitution for its alteration. The committee will submit its recommendations to my government. Government will in turn look into the report, and submit it to parliament. If parliament approves, it will then be put into a referendum for the people to decide the fate of the proposed covenant.” Section 79(1) in the Constitution of Sierra Leone 1991, Act No. 6 of 1991 has been amended. 79. (1) The Speaker of Parliament shall be elected by the Members of Parliament from among persons who are Members of Parliament or are qualified to be elected as such and who are qualified to be appointed Judges of the Superior Court of Judicature or have held such office: Provided that a person shall be eligible for election as Speaker of Parliament notwithstanding that such person is a Public Officer or a Judge of the High Court, a Justice of the Court of Appeal or a Justice of the Supreme Court, and such person, if elected, shall retire from the Public Service on the day of his election with full benefits. (2) The Speaker shall be elected by a resolution in favour of which there are cast the votes of not less than two-thirds of the Members of Parliament: Provided that if three successive resolutions proposing the election of a Speaker fail to receive the votes of two-thirds of the Members of Parliament, the Speaker shall be elected by a resolution passed by a simple majority of all the Members of Parliament. (3) No person shall be elected as speaker— a. if he is a member of the Armed Forces; or b. if he is a Minister or a Deputy Minister. (4) The Speaker shall vacate his office— a. if he becomes a Minister or a Deputy Minister; or b. if any circumstances arise that, if he were not the Speaker, would disqualify him from election as Speaker; or c. when Parliament first meets after any dissolution; or d. if he is removed from office by a resolution of Parliament supported by the votes of not less than two-thirds of the Members of Parliament. (5) No business shall be transacted in Parliament (other than an election to the office of Speaker) at any time if the office of Speaker is vacant. (6) Any person elected to the office of Speaker who is not a Member of Parliament shall before entering upon the duties of his office, take and subscribe before Parliament the oath as set out in the Third Schedule in this Constitution. (7) The Speaker, or in his absence the Deputy Speaker, shall preside over all sittings of Parliament, except when the President is present. This Section 79(1) of the 1991 Constitution of Sierra Leone, Act No. 6 of 1991has been amended and we now have a new Speaker of Parliament in the person of Hon. S.B.B. Dumbuya, replacing the former Speaker Hon. Justice Nathaniel Abel Stronge. In 2007, the then SLPP Government started the Constitutional Review Process with a committee established by Government Notice No.6, Vol. CXXXVIII of the Sierra Leone Gazette No. 2 of Thursday, 11th January 2007, published the establishment and membership of a Commission for the review of the 1991 Constitution with the following Terms of Reference: “To review the Sierra Leone Constitution of 1991 with a view to recommending amendments that might bring it up-to-date with the economic, social and political developments that have taken place nationally and internationally since 1991”. 2. The Commission was also asked to take into consideration the following among others: • “The experience gained since 1996 in the implementation of the 1991 Constitution; • Omissions and lacuna in the 1991 Constitution which affect its operation as a democratic Constitution; • Improvement on certain provisions of the Constitution that may enhance democratic governance; and • Whether the fundamental principles of State Policy should be justifiable.” 3. The under-mentioned persons were appointed to represent the following organizations and institutions: Dr. Peter L. Tucker CHAIRMAN ALL PEOPLES CONGRESS PARTY Mr. William J. Smith Mr. Osman F. Yansaneh SIERRA LEONE PEOPLE’S PARTY Mr. Anthony Y. Brewah Hon. Dr. Bernadette Lahai ALL POLITICAL PARTIES ASSOCIATION Madam Isata D. Banugra - PMDC Mr. Mahmoud Ahmed Koroma - PDP Mr. Sulaiman Lionel Thomas - NDA Mr. Samuel Gbessay Kanu (Deceased) - RUFP Mr. Osman B. Conteh - UNPP CAMPAIGN FOR GOOD GOVERNANCE Ms. Valnora Edwin CIVIL SOCIETY MOVEMENT – SIERRA LEONE Mr. Festus Ewaaka Minah COALITION OF CIVIL SOCIETY AND HUMAN RIGHTS ACTIVISTS Mr. Charles Mambu COUNCIL OF PARAMOUNT CHIEFS Alhaji P.C. I.B. Kamara-Koroma P.C. Dr. J. Sinnah-Yovonie Kangova II P.C. Alhaji Yembeh Mansaray III FIFTY/FIFTY GROUP OF SIERRA LEONE Mrs. Harriett Turay INTER-RELIGIOUS COUNCIL OF SIERRA LEONE Alhaji Dr. A.B. Karim Rev. L.B. Rogers-Wright LAW OFFICERS’ DEPARTMENT Tunde Cole Esq. O.V. Robbin-Mason Esq. LAW REFORM COMMISSION Hon. Justice N.C. Browne-Marke E.E.C. Shears-Moses Esq. LOCAL COUNCIL Dr. Wusu Sannoh Mr. David Woobay NATIONAL COMMISSION FOR DEMCORACY Mr. George Coleridge-Taylor NATIONAL UNION OF SIERRA LEONE STUDENTS Mr. Umaru Koroma NJALA UNIVERSITY Professor A.M. Alghali OFFICE OF THE OMBUDSMAN Francis Gabbidon Esq. PRESIDENT’S NOMINEES Mr. Onesimus Babatunde Walker Mr. Josef O. Carpenter SIERRA LEONE ASSOCIATION OF JOURNALISTS Alhaji Ibrahim Ben Kargbo SIERRA LEONE ASSOCIATION OF NON-GOVERNMENTAL ORGANIZATIONS Mr. Aiah Foday-Khabenje SIERRA LEONE CHAMBER OF COMMERCE, INDUSTRY AND AGRICULTURE Alhaji Musa King SIERRA LEONE LABOUR CONGRESS Mr. Mohamed A. Deen SIERRA LEONE MARKET WOMEN’S ASSOCIATION Ms. Marie Bangura SIERRA LEONE TEACHERS UNION Mr. Abdulai B. Koroma Mr. Davidson A. Kuyateh THE GOVERNMENT PRINTER Mr. B.J. Temple THE JUDICIARY Hon. Justice M.E. Tolla Thompson Hon. Justice Salimatu Koroma THE REPUBLIC OF SIERRA LEONE ARMED FORCES LT. COL. I.M. Koroma THE SIERRA LEONE BAR ASSOCIATION Nasiru D. Tejan-Cole Esq. Yada Williams Esq. THE SIERRA LEONE POLICE Superintendent M.B. Kamara THE UNIVERSITY OF SIERRA LEONE Eke Halloway Esq. SECRETARY Mr. S.A.T. Tamu It is important to note that the aforementioned committee completed its mandate and presented report to the current government in January, 2008. The question one may like to ask is this; what was wrong with that committee’s report that the government had to establish another Constitutional Review Committee to review the same 1991 Constitution of Sierra Leone? To be continued.
Posted on: Thu, 30 Jan 2014 14:45:25 +0000
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