Three Arms of Government

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THE THREE ARMS OF GOVERNMENT

The government of Sierra Leone is the governing authority of the Republic of Sierra Leone, as established by the Sierra Leone Constitution. The Sierra Leone government is divided into three branches: the executive, legislative and the judicial. The seat of government of Sierra Leone is in the capital Freetown.

The government of Sierra Leone takes place in a framework, whereby the President of Sierra Leone is both head of state and head of government, and of a multi-party system. Executive power is exercised by the president. Legislative power is vested in by the Parliament of Sierra Leone.

The judiciary of Sierra Leone is independent of the executive and the legislature. Civil rights and freedom of religion are respected. A critical press continues to operate, although the government has intervened for alleged inaccurate reporting, using the 1965 Public Order Act which criminalizes libel.

Office	Name	Party	Since
The President	H.E Brigadier (Rtd.) Julius Maada Bio	SLPP	4TH April 2018
The Vice President	Dr. Mohamed Juldeh Jalloh	SLPP	4TH April 2018

COMPOSITION OF PARLIAMENT	SUMMONING, PROROGATION AND DISSOLUTION
PROCEDURE OF PARLIAMENT	RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES (Members of Parliament)
RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES (Power to make laws)	FINANCE

The Honorable Chief Justice

Justice Desmond Babatunde Edwards

The president is elected by popular vote for a five-year term; the run-off elections were last held on the 31st March 2018, Kamara, Samura Mathew Wilson, of the All People’s Congress, had 49.19% of the votes; whilst Bio, Julius Maada, of the SLPP party had 51.81% of the votes and was duly elected as President of the Republic of Sierra Leone. The president’s tenure of office is limited to two five-year terms.

Section 40 of the 1991 Constitution of Sierra Leone states that, the supreme executive authority shall be vested in the President of the Republic of Sierra Leone, who shall also be the Head of State and the Commander-in-Chief of the armed forces. The President is described as the Fountain of Honour and Justice and the symbol of national unity and sovereignty- Section 40(3).

Section 40(4) outlines the responsibility of the President for certain key issues:

* All constitutional matters concerning legislation

* Relations with foreign states

* The reception with foreign envoys and the appointment of principal representatives of Sierra Leone abroad

* The execution of treaties, agreements or conventions in the name of Sierra Leone

* Exercising the Prerogative of Mercy

* The grant of honors and awards

* Declaration of war

* Such other matters as may be referred to the president by Parliament.

* However, this is in addition to the other functions conferred upon the President in the Constitution.

For qualification to be elected President, a person should possess the following characteristics:

* Should be a citizen of Sierra Leone

* Should be a member of a political party

* Should have attained the age of 40 years

* Should be otherwise qualified to be elected as a Member of Parliament.

Section 54(1) creates the office of the Vice President who is the Principal Assistant to the President in the discharge of his executive functions. Section 56(1) of the Constitution provides for such other offices of Ministers and Deputy Ministers as may be established by the President with the proviso that no Member of Parliament shall be appointed as Minister or Deputy Minister.

Section 53(1) vests executive power in the President, which may be exercised by him directly or through Ministers, Deputy Ministers or Public Officers subordinate to him.

The executive function embraces the direction of the general policy of the government. This includes the initiation of legislation, the maintenance of law and order and the promotion of social and economic welfare and to a large extent all administration though some public services are administered not by government departments but by local authorities and independent statutory bodies.

The tenure of the Office of the President is dealt with in Section 46(1) of the 1991 Constitution. It is thereby provided that no person shall hold office as President for more than two 5-year terms, whether or not the terms are consecutive.

COMPOSITION OF PARLIAMENT

Establishment of Parliament

73.	(1)	There shall be a legislature of Sierra Leone which shall be known as Parliament, and shall consist of the President, the Speaker and Members of Parliament.
	(2)	Subject to the provisions of this Constitution, the legislative power of Sierra Leone is vested in Parliament.
	(3)	Parliament may make laws for the peace, finance monitoring, security, order and good government of Sierra Leone.
*Members of Parliament*
74.	(1)	Members of Parliament shall comprise the following one Member of Parliament for each District who shall, subject to the provisions of this Constitution, be elected in such manner as may be prescribed by or under any law from among the persons who, under any law, are for the time being Paramount Chiefs; and such number of Members as Parliament may prescribe who, subject to the provisions of this Constitution, shall be elected in such manner as may be prescribed by or under any law.
	(2)	The number of Members of Parliament to be elected pursuant to paragraphs (a) and (b) of subsection (1) shall not together be less than sixty.
	(3)	In any election of Members of Parliament the votes of the electors shall be given by ballot in such manner as not to disclose how any particular elector votes.
	(4)	Members of Parliament shall be entitled to such salaries, allowances; gratuities, pensions and such other benefits as may be prescribed by Parliament.
*Qualifications for membership in Parliament*
75		Subject to the provisions of section 76, any person who is a citizen of Sierra Leone (otherwise than by naturalization); and has attained the age of twenty-one years; and is an elector whose name is on a register of electors under the Franchise and Electoral Registration Act, 1961, or under any Act of Parliament amending or replacing that Act; and is able to speak and to read the English Language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, shall be qualified for election as such a Member of Parliament: Provided that a person who becomes a citizen of Sierra Leone by registration by law shall not be qualified for election as such a Member of Parliament or of any Local Authority unless he shall have resided continuously in Sierra Leone for twenty-five years after such registration or shall have served in the Civil or Regular Armed Services of Sierra Leone for a continuous period of twenty-five years.
*Disqualifications for membership of Parliament*
76	(1)	No person shall be qualified for election as a Member of Parliament if he is a naturalised citizen of Sierra Leone or is a citizen of a country other than Sierra Leone having become such a citizen voluntarily or is under a declaration of allegiance to such a country; or if he is a member of any Commission established under this Constitution, or a member of the Armed Forces of the Republic, or a public officer, or an employee of a Public Corporation established by an Act of Parliament, or has been such a member, officer or employee within twelve months prior to the date on which he seeks to be elected to Parliament; or if under any law in force in Sierra Leone he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or if he has been convicted and sentenced for an offence which involves fraud or dishonesty; or if he is under a sentence of death imposed on him by any court; or if in the case of the election of such member as is referred to in paragraph (b) of subsection (1) of section 74, he is for the time being a Paramount Chief under any law; or if being a person possessed of professional qualifications, he is disqualified (otherwise than at his own request) from practising his profession in Sierra Leone by order of any competent authority made in respect of him personally within the immediately preceding five years of an election held in pursuance of section 87; or if he is for the time being the President, the Vice-President, a Minister or a Deputy Minister under the provisions of this Constitution.
	(2)	A person shall not be qualified for election to Parliament if he is convicted by any court of any theft offense connected with the election of Members of Parliament: Provided that in any such case the period of disqualification shall not exceed a period of five years from the date of the general election following the one for which he was disqualified.
	(3)	Any person who is the holder of any office the functions of which involve responsibility for, or in connection with, the conduct of any election to Parliament or the compilation of any register of voters for the purposes of such an election shall not be qualified for election to Parliament.
	(4)	A person shall not be disqualified for election as a Member of Parliament under paragraph (b) of subsection (1) by reason only that he holds the office of member of a Chiefdom Council, member of a Local Court or member of anybody corporate established by or under any of the following laws, that is to say, the Freetown Municipality Act, the Chiefdom Councils Act, the Rural Area Act, the District Councils Act, the Sherbro Urban District Council Act, the Bo Town Council Act, and the Townships Act or any law amending or replacing any of those laws.
	(5)	Save as otherwise provided by Parliament, a person shall not be disqualified from being a Member of Parliament by reason only that he holds office as a member of a Statutory Corporation.
*Tenure of Members of Parliament*
77	(1)	A Member of Parliament shall vacate his seat in Parliament on the dissolution of Parliament next following his election; or if he is elected Speaker of Parliament; or if any other circumstances arise that if he were not a Member of Parliament would cause him to be disqualified for election as such under section 76; or if he ceases to be a citizen of Sierra Leone; or if he is absent from sittings of Parliament for such period and in such circumstances as may be prescribed in the rules of procedure of Parliament; or if in the case of such a Member as is referred to in paragraph (b) of subsection (1) of section 74, he becomes a Paramount Chief under any law; or if he ceases to be qualified under any law to be registered as an elector for election of Members to Parliament; or if he is adjudged to be a lunatic or declared to be of unsound mind or sentenced to death; or if he is adjudged or otherwise declared a bankrupt under any law and has not been discharged; or if he resigns from office as a Member of Parliament by writing under his hand addressed to the Speaker, or if the Office of Speaker is vacant or the Speaker is absent from Sierra Leone, to the Deputy Speaker; or if he ceases to be a member of the political party of which he was a member at the time of his election to Parliament and he so informs the Speaker, or the Speaker is so informed by the Leader of that political party; or if by his conduct in Parliament by sitting and voting with members of a different party, the Speaker is satisfied after consultation with the Leader of that Member’s party that the Member is no longer a member of the political party under whose symbol he was elected to Parliament; or if, being elected to Parliament as an independent candidate, he joins a political party in Parliament; or if he accepts office as Ambassador or High Commissioner for Sierra Leone or any position with an International or Regional Organization.
	(2)	Any Member of Parliament who has been adjudged to be a lunatic, declared to be of unsound mind, or sentenced to death or imprisonment, may appeal against the decision in accordance with any law provided that the decision shall not have effect until the matter has been finally determined.
*Determination of question as to membership of Parliament*
78	(1)	The High Court shall have jurisdiction to hear and determine any question whether any person has been validly elected as a Member of Parliament; and the seat of a Member of Parliament has become vacant.
	(2)	The High Court to which any question is brought under subsection (1) shall determine the said question and give judgment thereon within four months after the commencement of the proceedings before that Court.
	(3)	An appeal shall lie to the Court of Appeal from the decision of the High Court on any matter determined pursuant to subsection (1), save that no appeal shall lie in respect of any interlocutory decisions of the High Court in such proceedings.
	(4)	The Court of Appeal before which an appeal is brought pursuant to subsection (3) shall determine the appeal and give judgment thereon within four months after the appeal was filed.
	(5)	The decision of the Court of Appeal on any matter pursuant to subsection (3) shall be final and not be inquired into by any Court.
	(6)	For the purpose of this section Parliament may make provision, or may authorise the making of provisions with respect to the practice and procedure of the High Court or the Court of Appeal, and may confer upon such Courts such powers or may authorise the conferment thereon of such powers as may appear to be necessary or desirable for the purpose of enabling the said Courts effectively to exercise the jurisdiction conferred upon them by this section or by any law relating to the hearing of appeals from the High Court.
*The Speaker*
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 a 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)	he 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 if he is a member of the Armed Forces; or if he is a Minister or a Deputy Minister.
	(4)	The Speaker shall vacate his office if he becomes a Minister or a Deputy Minister; or if any circumstances arise that, if he were not the Speaker, would disqualify him from election as Speaker; or when Parliament first meets after any dissolution; or 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.
*Deputy Speaker*
80	(1)	There shall be a Deputy Speaker who shall be elected by the Members of Parliament.
	(2)	No person shall be elected as Deputy Speaker unless he is a Member of Parliament.
	(3)	The Members of Parliament shall elect a person to the office of Deputy Speaker at the first sitting of Parliament in every session; or at the first sitting of Parliament after the occurrence of a vacancy in the office of Deputy Speaker, or so soon thereafter as may be convenient.
	(4)	The Deputy Speaker shall vacate his office if he ceases to be a Member of Parliament; or if he is removed from office by a resolution of Parliament.
	(5)	If the Speaker is absent from Sierra Leone or otherwise unable to perform any of the functions conferred upon him by this Constitution those functions may be performed by the Deputy Speaker.
*Election of Speaker and Deputy Speaker*
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