European Union Election Observation Mission to Sierra Leone 2007 European Union
Sierra Leone EU


Legal framework

The main legal documents governing the Legislative and Presidential elections are:

  • The Constitution of Sierra Leone of October 1, 1991, amended February 7, 2002
  • The Electoral Laws Act of February 7,  2002 amended 2007
  • The National Electoral Commission Act of February 7, 2002
  • The Political Parties Act of February 21, 2002
  • Electoral Commission Regulations
  • The Electoral Code of Conduct

Sierra Leone is a signatory to a range of international and regional instruments on the protection of human rights including the Universal Declaration of Human Rights, UDHR, the International Covenant on Civil and Political Rights, iccpr, the International Convention on the Elimination of Racial Discrimination, cerd, the Convention of the Elimination of all Forms of Discrimination Against Women, cedaw, the Convention of the Political Right of Women, cprw, the African Charter on Human and Peoples’ Rights, achpr,  the AU Charter on the Principles Governing Democratic Elections in Africa AU CPGDEA and ECOWAS Protocol on Democracy and Good Governance.

The Constitution of the Republic of Sierra Leone

The constitution provides for a unicameral Parliament with legislative power and a directly elected President. The term of office for both the President and the Parliament is five years, not necessarily running parallel.

The President of the Republic of Sierra Leone is the Head of State, the supreme executive authority and Commander-in-Chief of the Armed Forces and is elected directly by universal adult suffrage by secret ballot, as are 112 of the 124 Members of Parliament. The President shall be “the Fountain of Honour and Justice”. The Vice-President is elected on the same ticket as the President.

The Ministers are appointed by the President from persons qualified to be elected MPs but has neither become a MP nor contested and lost in the last general election. The President’s nomination of Ministers needs approval by Parliament.

Candidate requirements for the Presidential office are among others:

  • citizenship of Sierra Leone
  • membership of a political party
  • nomination by political party
  • the minimum age of 40 years
  • qualifications as to be elected as a Member of Parliament
  • payment of the required election fee of 1 million Leones

In order to be elected in the first round the candidate must poll not less than 55% of the valid votes cast. Otherwise there is a runoff between the two most successful candidates. The same requirements apply to the Vice Presidential candidate. There is a maximum of two terms of five years for a President to serve.

The Parliament consists of 112 members representing 112 constituencies elected applying the first-past-the-post system in one round. 12 Paramount Chief Members (one from each district) are elected separately in a process set out in part VII of the Electoral law. Finally Parliament elects the Speaker either from MPs or others who qualify to be elected MP and a Judge of the Superior Court of Judicature. Deputy Speaker must be a MP.
 
Candidate requirements for Parliament are among others:

  • citizenship of Sierra Leone (otherwise than by naturalisation);
  • minimum age of 21 years
  • on the register of electors/voters
  • payment of the required election fee of 100,000 Leones
  • able to speak and read English with a degree of proficiency sufficient to take an active part in the proceedings in Parliament
  • support by the presence of not less than 3 voters registered in the applicable constituency

Disqualified persons are among others

  • persons with dual citizenship or a declaration of allegiance to some country other than Sierra Leone
  • persons naturalised
  • members of any Commission established under the constitution
  • members of the Armed Forces
  • public officers
  • employees of a public corporation established by an Act of Parliament;
  • persons of unsound mind
  • persons convicted and sentenced for an offence which involves fraud or dishonesty
  • persons under a sentence of death
  • Paramount Chiefs
  • persons disqualified from practising their profession in Sierra Leone
  • persons involved in the conduct of any election to Parliament
  • persons convicted of any offence connected with the election of MPs
  • MPs who are bankrupt
  • independent MPs joining a political party

 The Constitution guarantees fundamental rights and freedoms including the freedom of conscience, expression, movement, assembly association and participation in elections.

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