THE PR SYSTEM AND ITS LEGALITY AT A GLANCE

Sierra Leone has been a ticket holder of the ideals of democracy the world at large. Such
tendency has just been demonstrated by the United Nations (UN) honoring Sierra Leone as one
of the countries made Non-Permanent Member of the Security Council for Partnership,
Multilateralism and Representative Approach to Sustained Global Peace and Security. After the
devastating 11 years’ war where scores of lives were lost and laid bare on every other corner,
Sierra Leone has thrived cautiously on staunch trajectories conducting regular elections in
accordance with the citizens’ ultimate freedom to demonstrate their inalienable rights that are
guaranteed in Chapter Three of the 1991 Constitution of Sierra Leone, Act No. 6 of 1991.

Internationally, there have been plethora of legal and institutional frameworks serving as the
foundational structures upon which the ideals of democracy are hinged, which are rationalized in
manifold fundamental Human Rights credentials that must be upheld in any given political
community. Prima facie to that, Article 21 of the Universal Declaration of Human Rights
(UDHR) provides ‘’everyone has the rights to take part in the government of his country, directly
or through freely chosen representatives.’’

In Article 25 of the International Covenant on Civil and Political Rights (ICCPR) states ‘’every
citizen shall have the right and the opportunity, without any of the distinctions mentioned in
article 2 and without reasonable restriction: to take part in the conduct of public affairs directly
or through freely chosen representatives; to vote and be elected at genuine periodic elections
which shall be by universal and equal suffrage and shall be by secret ballot, guaranteeing the free
expression of the will of the electors.’’

Regionally, Article 13 of the Africa Charter on Human and Peoples’ Rights (ACHPR) states ‘’
Every citizen shall have the right to participate freely in the governance process of his country.’’
The Africa Union Declaration on the Principles Governing Democratic Elections, the Africa
Charter on Democracy, Elections and Governance and the Principles for Election Management,
Monitoring and Observation, are other regional frameworks that are instructive to the subject
matter.

Nationally, the 1991 Constitution establishes am Electoral Commission under section 32 and in
Sections 31, 41, 75 and 76, inclusive; rationalize the fundamental human rights and procedures
for the smooth conduct of public elections, and the effective participation in national electoral
processes. The Public Elections Act 2022 consolidated the previous pieces of legislation, and in
some instances amended specific provisions to improve the electoral process. The Act further
outlines the procedures related to the Registration of voters and arrangement for elections and
establish an Electoral Offences Court to try election offences under the Act. The PEA also
empowers ECSL by statutory instrument to make regulations for giving effect to the Act.
More so, there are scores of legal frameworks on elections at the domestic level in Sierra Leone
that are crucial in ensuring free, fair and peaceful elections. The Constitution of Sierra Leone
Amendment Act of 2001 makes provision for a district block representation system in Sierra
Leone and mandates NEC to implement same, the Electoral Laws Act of 2002, the National
Electoral Commission Act of 2002, the Political Parties Act of 2002 as amended, the Local
Government Act of 2022, the Disability Act of 2011, the PPRC Act as amended, the Election
Petition Rules of 2007, the Supreme Court Rules, the National Civil Registration Act of 2016,
the Chieftaincy Act of 2009, the Wards (Boundary Delimitation) Regulations, 2008 and Statutory
Instruments No 13 & 14 on the PR System.

To that very margin, there are also manifold institutional frameworks to ensure elections are
conducted in an ideal manner; one that meets the requisite threshold as to conducting free, fair
and peaceful elections. The Electoral Commission for Sierra Leone, the National Electoral
Commission (NEC) is the sole authority that is constitutionally-mandated to prepare and conduct
all public elections and referenda. It is established pursuant to section 32 of the 1991 constitution
of Sierra Leone, the Supreme Court (determines petition in presidential elections), the High
Court (determines all other election petitions), the Electoral Offenses Court (try those wanting of
election offence), the Political Parties Regulatory Commission, the All Political Parties
Association ( APPA), the Parliament of Sierra Leone, the Sierra Leone Police, and Civil Society
Organizations
The Proportional Representation (PR) is not a new phenomenon. It has acclaimed first class
status and darkened the doors of world’s democracy since the inception of the words themselves,
and of which Sierra Leone is a party to since Her adoption of the 1991 Constitution. Section 38
(1) of the said Constitution makes the First Past the Post electoral system as the rule for the
conduct of Parliamentary elections by the Electoral Commission of Sierra Leone which the
country has implemented in three successive Democratic Elections (2007, 2012 and 2018). In
2023, 5 months leading to the general elections, the Supreme Court ruled on the re-introduction
of the PR system which the ECSL is mandated to use in the conduct of the 2023 Elections in
Sierra Leone. In the June 24th general elections, the Parliamentary and Local Council elections
will be conducted through the First- Past the Post and that of Proportional Representation
otherwise known as District Block System.
In clarifying these conceptual frameworks (First Past the Post and Proportional Representation),
the former focuses on a voting or electoral system where the citizens of a constituency cast their
votes for a candidate of their choice and the candidate with the majority of votes wins the
elections, while the latter resonates around a voting or an electoral system in which citizens cast
their votes to the political parties and seats are allocated to the contesting parties according to the
voting strength they possess.
Looking at the operational disposition of the PR system, there are compendiums of characteristic
features that are to be harnessed to foster better understanding of the system itself. These features
range from where the entire country is divided into districts of which each district will have seats
allocated to it based on its population size as per the census population in addition to the quota
formula determined by ECSL. Political Parties will now secure seats based on the voting strength
they possess in each of the districts to Political parties submitting list of their members intended
to serve as representatives to ECSL where seats are allocated based on the number of seats won,
and in order of name priority as stated on the list.
With the introduction of PR system in this year’s general elections, it has gainfully empowered
independent candidates by virtue of the Statutory Instruments No 13 & 14 of 2022. However,
based on the existing threshold of 11.9% and the fact that it is now a whole district and not
constituencies to vote for a candidate, Civil Society Activists have questioned the PR system as
to its effects on minority parties and independent candidates vying in the forthcoming general
elections. One of the leading Civil Society Activists and International Human Rights Lawyers,
the Executive Director of Legal Link, Rashid Dumbuya Esq said that the PR system would be
impracticable to see Independent candidates win in the 2023 elections. ‘The PR system because
of the high threshold may exclude minority parties from securing seats in Parliament. However,
there’s high possibility for minority parties to win Local Council elections since the threshold is
4.5%.’’

To further clarify the reason for the high threshold sets for Parliamentary Elections compared to
that of Local Council, the PR expert of the Electoral Commission for Sierra Leone in his
presentation on Stakeholders Sensitization and Training on the PR System, said that reason for
that decision originated from the fact of the available seats that are apportioned to Parliament
which is 145 and that of Local Council which is 484. In an event the threshold is below the belt
which will definitely entertain many suitors there will definitely be exponential growth that will
outlive the available capacity and breach constitutionalism as there are provisions that guarantee
such capacity.
Drawing inspiration from the forgoing paragraphs, there are many areas one can commend the
introduction of the PR system amid the numerous challenges that underlie its implementation in
any given political community. Its democratic relevance spans from it strides towards social
cohesion, limitation of violence in elections as no bye elections exists. It has made room for
increase women participation supported by law (GEWE ACT); Economical as it waives the need
for bye elections; Allowing minority parties and voices to be represented in Parliament or in
local councils where the threshold is low; the controlling and strengthening of the parties to
absolute loyalty and strict party discipline.
Looking at the drawbacks, the PR system puts the party above the people which is contrary to
First Past the Post system that puts the people at the center of the electioneering process where
citizens cast their votes for the candidate of their choice and participate directly in the process of
determining their representatives and further hold them to account where they fall short of their
expectations. In a PR system, the party determines the candidates based on a list system which
deprives Independent candidates due to the high threshold percentage. Other demerit could be
the occurring violence within political parties due to increase competition; Having one’s name on
the list is not a guarantee; Citizens may not be able to know their candidates as the list system
promotes corruption and nepotism; Social cohesion can be undermined if one or two parties
dominate the political landscape and the people are marginalized from choosing leaders where
vacancy occurs due to death or ill health.
The pressing question is how this old new PR model works? To appreciate the said question, the
PR system will only be used for electing Members of Parliament and Local Councilors. For
Parliamentary elections, District Block system will be used in which all 16 electoral districts
serve as multi-member electoral areas. In the aspect of Local Council elections, the 22 Localities
serve as multi-member electoral areas. For both Parliamentary and Local Council elections, Party
List Proportional Representation is going to be used. And so, for the Nomination of Political
Party Candidates, the leadership of political parties will submit a list of endorsed candidates
twice the number required in order of preference whereas Independent Candidates nomination is
done as an individual.

To that very end, the June 2023 Elections is hybrid in form, nature and style. This means that the
Presidential and Mayoral and Chairmanship elections will attract First Past the Post
electioneering method whereas the Parliamentary and Local Council Elections will attract the PR
District Block System. Having flagged out the legal and institutional frameworks internationally,
regionally and nationally, it is crystal clear that the PR system might be the right path to go as it
permeates inclusiveness and high representation proportionally provided its operation is
protected and enforced as it is spelt out in the respective legal and institutional frameworks.
THE FUNDAMENTAL MERITS OF THE PROPORTIONAL/DISTRICT BLOCK
ELECTORAL SYSTEM
• A very fundamental credit that the Proportional Representation / district block electoral
system produces is the increase in women participation in parliament pursuant to the
Gender Equality and Women Empowerment Act and the Public Elections No. 17 of 2022
as amended. The P. R system is both a blessing and lesson to women as it thus enables
them to break the glass ceilings in the Sierra Leone political arena. It is the beacon hope
with which women have been able to use to light up the political atmosphere in a
favourable fashion.

• Again, the avoidance of bye-elections is another celebrating advantage with which the P. R
system comes with. Because there is an avoidance of bye-elections, it is obvious that state
funds are saved and this will in turn lead to a prudent economic consolidation and
national growth and development.
• Party discipline and loyalty. The Proportional representation system provides a platform for
political parties to instill discipline to their membership.
• The P. R system offers Minority party participation a helping hand where the threshold is
low. This therefore, serve as another important good savings the P. R system strengthens.
• It strives towards social cohesion, limitation of violence in elections as no bye elections
exists
DEMERITS:
• Party above the people especially on who to represent them; this means that the party
occupies the center stage. It is recommended that primaries are conducted in between.
• Minority parties suffer especially where the threshold is high. For instance, the threshold
for qualification to the well of parliament in Sierra Leone pursuant to the Public Elections
Act No. 17 of 2022 as amended is 11.9% of the valid votes cast in favor of a candidate
vying for the position of Member of Parliament.

• Too much party loyalty leads to corruption as it is said that “absolute power corrupts
absolutely”. This will induce nepotism and adversely shields transparency and
accountability.
• Accountability to the people or constituency is restrained where the people are not at the
center. The platform given to the people to hold their Members of Parliament accountable
is very limited and completely ill-motivating. People of a constituency become
vulnerable and left at the mercy of the few good politicians only.

1 This work is put together by LANSANA LAMIN KAMARA & SULAIMAN JAKA JALLOH -LLB Final Honours II students
of the Faculty of Law, Fourah Bay College- University of Sierra Leone. The material is a compilation of COMMISSIONER
RASHID DUMBUYA ESQ lecture on the P. R SYSTEM. Errors and mistakes are inevitable. Thus, the reader is advised to
make amends.