By: Melvin Tejan Mansaray
Thursday 25th, June, 2020
INTRODUCTION
Today’s third sitting of the Fifth (Third Session) Parliament of the Second Republic of Sierra Leone was spirited, gerrymandering, intriguing, democratic and dramatic with long lasting implications.
MOOD
The attendance of people at the Upper and Lower Galleries and even MPs at the Chamber was ‘uncovidish’ with limited social distancing observed.
The atmosphere was a mix of hot and cold air, of flair and simmering tempers among legislators across the political divide.
ORDER PAPER
The OP featured statements of Mr. Speaker on the issues of allege sexual penetration and death of five years old Kadija Saccoh and death of sitting government bencher Hon. Alimamy .O Kamara.
The House observed up to five separate minutes of silence for not only these fallen hero and heroine but few other people.
Hon. Mathew S. Nyuma, Leader of Government Business laid papers on the Parliamentary Service Commission Financial Statement for the years ended 31st December, 2016 and 2017.
A motion of the Committee on Appointment and the Public Service saw the overwhelming approval of six presidential nominees but hectic and confrontational confirmation debate of two objected Judges (Komba Kamanda and Momoja Stevens) of the Court of Appeal on legal and technical arguments raised by the APC party that Steven’s name is not on the Roll of Counsel or Legal Practitioners consistent with Section 135.4 and 120.3 of the Constitution of Sierra Leone.
The two Judges were booed at for perceivably being political judges of injustice.
The APC argued that Judge Kamanda is yet to meet (2nd February 2021) complete eligibility requirement of fifteen years to serve as Appeal Court Judge while they say Judge Stevens name can not be found in the Roll of Court as prescribed in the Legal Practitioners Act, which the APC say also has similar primacy as to that of the constitution of Sierra Leone.
The adoption of the second report (third session) of the Committee on Appointment and the Public Service was not surprising but unusual for a Committee/Parliament accused of rubber stamping.
Its majority but not unanimous report was problematic endearing several putting of questions and voting by MPs.
The announcement of the Committees on Selection and Supervision was notable with the exclusion of Hon. Dr. Kandeh Yumkella, Leader NGC from both leadership Committees.
ISSUES
Today’s sitting stirred a multiplicity of issues.
Firstly, the House was crammed due to its acceptance of some ‘Justice 4 Kadija’ campaigners (Kids Advocacy Network, etc) and strangers/supporters of the eight approved presidential nominees including Major General Sullay Ibrahim Sesay as Chief of Defence Staff. He was well accompanied by a company of personnel of the RSLAF rank and file.
Sexual and Gender based Violence was emphatically condemned by Mr. Speaker, party leaders and almost every MP that took the Floor.
The appointments confirmation debate was distinctive, impressive, profound and of stature. The debate was well punctuated by the APC but punctured at the end with rounds of voting that ended in favor of the confirmation of the two objected Judges ( Kamanda and Stevens).
This high quality debate will be remembered for the main opposition’s booing of two Judges (Kamanda and Stevens) both of whom they frantically with all their intellectual, political, physical and legal strength tried to block from being confirmed by the House.
The APC won the debate but lost the vote in a democratic and honorable fashion unlike through unconventional tactics by the SLPP.
The deviation on the registering of MPs names on the record of vote and proceedings by the administration was objected to by the Opposition Leader and supported by Mr speaker.
The Speaker delivered a solemn tribute to rape and victims of sexual violence stating Parliament’s clear position of condemnation and call for more action.
The death of sitting Government MP, Hon. A.O Kamara evoked sorrowful moments in the Well.
The breaking of the Leader of Government Business’ Chair in the Chamber and power outage at the height of the plenary sitting were two most unpleasant moments.
The confirmation of four women and four men among eight presidential nominees can be seen as gender sensitive but the APC’s reaction to Justice Kamanda and Stevens’ nominations was embarrassing though logical, illogical and constitutional but, may attract a judicial reprisal especially when they have severally cases in Court.
The vengeance of the Court’s removal of ten APC MPs was brutally manifested today leaving behind a trail of fear, animosity and probabilities.
The mocking of so-called SLPP Court MPs just cannot be hidden by the APC MPs.
The country’s defence, judicial, banking and local content establishments were well dissected by all twelve MPs that participated on this onerous, controversial and informing debate.
The handling of majority and minor reports was an unusual concept that raised itself due to an 8/5 Appointment Committee vote on the confirmation of eight except two presidential nominees.
It was a discrete position for the Speaker to disclose if he is a card carrying member of the governing SLPP party.
POLITICS
A calculated politics of revenge, finger pointing, grudge and tribal linens was displayed by all sides of the political isle.
The APC argued on legality while the SLPP argued on precedence that the two Judges went through Parliament under the APC with no objections to be High Court Judges and now the same APC questions their eligibility for the Court of Appeal.
The other political parties left the APC in a political wilderness and state of perplexity when they supported the government’s position to stand up and openly vote in a vote of division.
The C4C, NGC, Independent and PCMPs present gave the governing SLPP a crucial victory.
The losing of that crucial vote could have been a big motivation for the APC and a slap on the faces of the new SLPP Parliamentary leadership and a bleeding nose for the President and his government.
CONTROVERSY
The most unresolved controversy remains, are Justice Kamanda and Justice Stevens qualified to be Appeal Court Judges as per the constitution and the legal Practitioners Act?
Also, it was divisive whether to name and shame alleged rapists. Whether it was right or wrong for the APC MPs to react on two of the Judges the way they did for what judges did in their official capacities is a matter for posterity to judge.
It was controversial whether motions put by a MP can be amended by another separate motion in a case of majority and minority reports.
The Appointment Committee’s voting of 9 to 5 was another division.
Mr. Speaker
Hon. Dr. Abass Chernor Bundu’s presiding was extraordinary and judicial but with a few questionable interjections and rulings. At some point, he was accused of taking sides with the government bench and at other times made welcoming decision to the main opposition MPs. His Cambridge intuition was displayed on how he handled (majority versus unanimous reports) two motions on the confirmation of the presidential nominee’s report.
He was openly fair and democratic but perhaps covertly shady with stilt politicking.
MPs ON POSTER
The late Hon. Alimamy O.Kamara will be remembered as one diligent and first ever Tertiary Education Committee Chairman who helped settled a lot of educational issues not only limited to just Limkokwing vs. GoSL saga.
Hon. CRM Bah ‘the law politician’ bullied the debate with an unmatched expertise in law and parliamentary procedure and practice but Hon. Nyuma ‘the political lawyer’ was intrinsic, canvassing, pragmatic and radical. Both gentlemen presented a healthy case and displayed an energetic and astute leadership.
WHAT’S NEXT
The House stands adjourned to 2nd July, 2020.
Expected in the upcoming businesses are, the tabling of the controversial IMC Amendment Act, the presidential debate, the contentious debate on the Auditor General’s report, tabling of Cyber Security Act, 2020, Consumer Protection Act, etc.
The Attorney General and Minister of Justice Priscilla Schwartz was seen at the Chamber of Parliament but nothing was said on done on the tabling of SoE rules and regulations.
