By Kemo Cham
The independence of the Sierra Leone judiciary is once again on test with the unveiling on Thursday of a landmark lawsuit against a major government ministry.
The Ministry of Education has been sued for its controversial decision in shutting down the Leone Preparatory School early this year over the vexing issue of school fees and academic terms.
The school wants the High Court to rule on the legality of the action.
Due to the State of Emergency declared last year in response to the out-of-control Ebola epidemic, schools remained shut down until last April. When they were re-opened the first of the normal three terms per year had already elapsed. The government recalibrated the education calendar, shortening the academic year to two terms.
This would mean less money for schools, especially private schools which depend on tuition fees to fund their operations. And as expected some private schools kicked against the idea.
But the Leone Preparatory School was singled out for openly defying the directive by the education officials. The school was ordered shut down for weeks and was re-opened after series of meetings and even an online petition.
The school`s administration say the Education Ministry never heard from it before taken the decision to close it down. It now wants the High Court to rule on the legality of the government`s decision, which it says goes against natural justice.
“At the heart of this matter is respect and the lack of it for rule of law,” said Ibrahim Tommy, Executive Director of the Center for Accountability and Rule of Law (CARL), which is sponsoring the litigation.
The Leone Preparatory is the applicant, while the ministers of Justice and Education are the respondents.
Tommy said at a press conference that they are seeking legal clarification on two issues - the legality of the decision to shut down the school and the imposition of the two-term on private schools by the government.
“This is a country of laws, which is why we have asked the court to review the action of the Ministry of Education to determine whether their action was an attempt to exercise powers that the law does not grant them,” Tommy added in a statement distributed to the press.
This case comes hot on the heels of the Supreme Court ruling on the case filed by sacked Vice President Samuel Sam-Sumana against his controversial removal from office by President Ernest Bai Koroma.
That ruling which went the way of the President is still a subject of heated debate. Many people, across party lines, have accused the court of bias.
However, that case and this one are unique in that they both demystify a hitherto perception that the government cannot be challenged in a court of law, said Tommy.
Leone Preparatory is believed to be the oldest private school in the country.
Tommy said the government`s action in shutting it down deprived hundreds of kids, and that it was unacceptable especially coming just after school kids had gone for about eight months sitting at home because of the Ebola.
“We want the court to declare that that action wasn`t only illegal but also disproportionate, excessive and a breach of natural justice,” he said.
CARL filed a separate suit on behalf of several unidentified independent schools to challenge the decision of the ministry to impose a mandatory two-term academic year on private schools, as well as the order that fees be slashed by one-third, “contrary to the Education Act of 2004.”
The suits were officially filed in September.
According to the Education Act of 2004, the Ministry of Education is mandated to control all schools. But how this is carried out has been the subject of debate, especially when it comes to determination of school fees.
Tommy said private schools provide education but that they were also business entities. He also said the action of the government had “huge” implication on the public/private partnership call of the government.
For asking schools to charge fees for only two terms is a breach of the Education Act which stipulates that once school fees have been determined for the year they can’t be changed, he said.
“This decision has the unfortunate potential of adversely affecting the contract between proprietors of private schools and their employees. We claim that the decision also breached a cardinal principle of natural justice as it was made without proper consultation with the proprietors. The suit also challenges the legitimacy of the National Board of Education, which is enforcing these decisions, as it is not properly constituted as required by the Education Act of 2004,” the statement notes.
It adds: “The outcome of this suit will provide guidance to proprietors of private educational institutions regarding the extent of the powers that the Ministry of Education wields.”
Lawyer Emmanuel Saffa Abdulai will represent Leone Preparatory and CARL.
Mr Abdulai said in the statement: “This is a brazen disregard for the due process by public officials because of the spate of impunity that has characterized the country. The courts are there to check mate such excesses.”
CARL and its attorney argue that while the Education Act allows the ministry to ensure that minimum standards are met by all schools, especially government assisted ones, it doesn’t empower it to order the closure of private schools without due process.
Politico Online 09/10/15
