By Nasratu Kargbo
Members of Parliament have amended two aspects of the 1991 constitution of Sierra Leone. This amendment has introduced a commissioner for the Northwest region of the country.
The Electoral Commission of Sierra Leone now has six Commissioners, which includes the Chief Electoral Commissioner and five other commissioners inclusive of all the regions.
The Parliamentarians on the 12th July 2022 passed the bill entitled the constitution of Sierra Leone (Amendment) Act, section 32 subsection 2 of the 1991 constitution which states that: “The members of the Electoral Commission shall be a Chief Electoral Commissioner, who shall be the Chairman and four other members who shall be known as Electoral Commissioners”.
Members of Parliament unanimously agreed that the Northwest region should have a Commissioner. Representing Constituency 082 in Bo district, the Deputy Leader of Government Business Bashiru Silikie explained that a region was added in 2015, however, the region was left without a commissioner and that the 2018 election was done without a commissioner for a whole region.
He made mention of the proposition made in the bill for the provision of a commissioner whenever another region is created.
The Chief Whip Opposition Hassan Sesay representing constituency 050 agreed on the need for another commissioner. However, he did not agree with leaving room for the executive to appoint commissioners for other regions when such regions are created.
According to Sesay the parliament’s duty is to make law, noting that if there is a need to have another commissioner, parliament will make that possible. “If there is a need for us to have more we will have,” said Sesay.
The Leader of the Opposition Chernor Maju Bah said “laws must be certain”, with a specific number tied down to the number of commissioners.
The Leader of Government Business Mathew S. Nyuma expressed delight in ensuring that the Northwest region has a commissioner.
Speaking on the other amendment in the constitution, Member of Parliament representing constituency 028 Sahr Charles asked for the definition of “gross misconduct” as stated in the proposed bill. Section 32 subsections 8 of the 1991 constitution of Sierra Leone states that “A member of the Electoral Commission may be removed from office by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehavior”.
In the proposed bill, the word misbehavior was replaced with gross misconduct. MPs asked that it be defined, noting that what could be gross misconduct to a specific individual could be different to another.
The Attorney General and Minister of Justice, Mohamed Lamin Tarawalley explained that as a visionary country that is evolving, they would want to make sure that the provision allows for commissioners to be appointed when new regions are created without going to parliament for an amendment.
He added that taxpayers' monies can be saved for other developmental purposes, and money and time saved from having to amend that aspect now and again.
Whilst responding to MPs' concern on the definition of the phrase ‘gross misconduct’, the Minister explained that the intention of replacing misbehaviour with gross misconduct is to harmonise the laws, saying that other laws have the phrase ‘gross misconduct’ when considering removing paramount chief, auditor general, president, etc.
He stated that they want to make sure the commissioners are protected, noting that there are elements that constitute gross misconduct such as when one must have failed to carry out their duty and that the accuser must have suffered injury or harm caused by the commissioner, etc.
Parliament unanimously passed the bill into law.
Copyright © 2022 Politico (13/07/22)
