The contentious issue currently nagging the SLPP is the provision in the new Constitution barring members of the executive from seeking to become Presidential flag-bearer. The public has been made to believe by Dr. Abass Bundu and others that the current executive is trying to change the provision in the new Constitution. Members of the executive of their part explain that there are problems in the Constitution that cannot be addressed outside the mandate of a National Delegates Conference. Chapter 4(4.5) only happens to be one such problem. The problem with Chapter 4 (4.5) is that it got into the Constitution without a vote on it by the National Delegates Conference. The executive of the SLPP cannot remove it nor can they leave it in the Constitution without the voted consent of a National Delegates Conference.
Chapter 4 (4.5) is thus going back to a National Delegates Conference to secure the mandate to be in the Constitution. Those who are opposed to Chapter 4(4.5) will equally be seeking the mandate of the National Delegates Conference to have it taken out of the Constitution. What should now ensue therefore as we await the inevitability of recourse to a National Delegates Conference is a debate on the merits and demerits of Chapter 4 (4.5). It is precisely this debate that Dr. Abass Bundu and others are avoiding. It is this debate that those of us opposed to Chapter 4(4.5) are going to force.
Dr Abass Bundu now gives the impression that it is the North that is opposed to Chapter 4(4.5). Everything, including opposition to laws has a source. It was the Northern delegation led by Dr Abass Bundu that opposed the law. In the articulation of that opposition, nowhere did Dr Abass Bundu ever say that the law was injurious to the North. Dr Abass did not articulate his opposition to the law at the Kenema convention in terms of serving Northern interest. In opposing the law Dr. Abass Bundu talked about broad principles that bear on very Sierra Leonean. It is this principle that still guides those of us opposed to Chapter 4(4.5).
I write this article in opposition to Chapter 4 (4.5) of the new SLPP constitution; and want it repealed. I begin with the submission that it is a bad law to disqualify members of the party’s executive from seeking to become flag-bearer. My position on the law banning executive members from seeking to become flag-bearer is simple and straight forward. The demerits of the law outweigh its merits. A law in the SLPP constitution should be there on account of its SLPP-serving merits.
The law is so bad that instead of people defending its merits they are conjuring the intentions of John Benjamin, Dr. Kadi Sesay or Dr. Alpha Wurie. If we were to reverse this game of second-guessing people’s intentions one would come to the conclusion that Dr. Abass Bundu and others want this law because it excludes potential rivals from vying to become flag-bearer. In the Northern flank Dr. Abass Bundu’s interest is well-served with Dr. Bobson Sesay, Dr. Alpha Wurie, Dr. Kadi Sesay, and Alpha Timbo being taken out of any race by the new law. Dr. Abass Bundu sees himself as the main man manning the Northern gates for any entry into the presidential or vice presidential slot. I implore readers to reject Dr Abass Bundu’s recent declaration that he is not going to seek to be a flag-bearer. (ee go change wae ee see chance). Southern and Eastern flank potential candidates would equally support Chapter 4 (4.5) because it has narrowed the search-field for flag-bearer in their interest. I am honest to admit however, that I am only insinuating the dubious intentions of these people who support the law. And I crave readers’ indulgence to dismiss me on this as they would dismiss other people’s insinuations about the intentions of John Benjamin and Co.
In his widely publicized letter of September 7, 2009 Dr. Abass Bundu pontificates that Chapter 4 (4.5) intends “selfless” and “genuine” service on the part of members of the executive of the SLPP. I hold on the contrary that the provision that stops members of the executive from seeking to become flag-bearer actually punishes those who serve. Exclusion from seeking to become a flag-bearer is the penalty one pays for serving the party as a member of the executive. We know that members of the executive are not paid for the energies expended in attending meetings, mobilizing funds, organizing membership, and doing such other party-serving work. They spend money on fuel and communication in doing all these. Members of the executive part away with money in attending to non-politics related problems of less financially endowed party followers. Members of the executive do not ask to be rewarded in any form. These are the people that Chapter 4 (4.5) now seeks to punish by refusing them the opportunity to simply vie to become a flag-bearer.
Chapter 4(4.5) of the new party constitution compromises leadership apprenticeship in the SLPP. Political Science 101 teaches that one of the core functions of a political party is to serve as a training ground for political leadership.
The pinnacle of that training ground is obviously membership of a party’s executive. As a member of the executive you negotiate on behalf of the party, represent the party, articulate policies and positions, organize party membership and mobilize resources among other things. It is preposterous that a party looking for someone to lead a country would close the door on a pool of people with leadership apprenticeship and keep the door ajar for any other person who is 45 years old and can speak English.
Defenders of the new Constitution argue that members of the current executive knew about Chapter 4 (4.5) barring them from seeking to become flag-bearer. They suggest that members of the current executive want to change Chapter 4(4.5) because they are now interested in becoming flag-bearer for the Party in the 2012 elections. Let me point out that the members of the current executive are in no way affected by Chapter 4 (4.5) in the new Constitution. Members of the current executive were elected under the 1995 SLPP Constitution. It is the 1995 Constitution that the SLPP is still using; and it does not bar anybody from seeking to become flag-bearer. The new Constitution has not yet come into force; and therefore nothing in it has effect. When the new Constitution is submitted to the PPRC; it will take a month before coming into force; assuming that no objections are raised to any part of it. There is enough time therefore for any member of the current executive to resign office if he/she is interested in becoming the flag-bearer. Any member of the current executive can do so before the new Constitution comes into effect.
The law says that even if a member of the executive resigns now he/she cannot seek to become a flag-bearer in the elections immediately following such resignation. The fact, however is that any member of the executive resigning now will be doing so under the 1995 SLPP Constitution. A new Constitution coming into force later cannot have retroactive import on any resignation done under the current 1995 Constitution. Nothing betrays the bad intent of those who framed this law than the addition “even if/he/she resigns now”. The framers of that law do not want any member of the executive to seek to become a flag-bearer at all cost. If this new Constitution comes into effect today and a member of the executive resigns a week later, he/she cannot seek to become a flag-bearer until 2017. How can this be a good law?
The Chapter 4 (4.5) is a product of fear. In the last elections Solomon Berewa and Momodu Koroma were Kabbah’s ‘will’ imposed on the SLPP. Berewa was only accepted by the SLPP through Kabbah’s executive intrusions. There was no way in the world Momodu was going to be running-mate on account of the endorsement of the SLPP membership. He was the beneficiary of executive manipulations. SLPP emerged out of defeat in the 2007 elections, fearful of its own executives. It is the fear that a man or woman in the executive seeking to become the flag-bearer may influence processes in his/her own favour that has propped this law.
Chapter 4 (4.5) of the new constitution is a very lazy, counter-productive response to the SLPP’s fear of executive excesses. A Chairman, Vice chairman or any other executive is not supposed to manipulate the processes of choosing a flag-bearer in his/her own favour. When members of the executive do so they thrive on weaknesses in the Party. The process of choosing a flag-bearer in the SLPP conclusively appropriates fairness, consensus, majority decision, and party interest. It is the mechanism for asserting these that ill-intent members of the executive have been manipulating through such means as distortion of delegates accreditation, blackmail, and bribery.
Ahmed Tejan Kabbah and Berewa got away with this with the complicity of many high and low members of the SLPP who are now crying foul. Making it impossible for ill-intent executive or non-executive members of the SLPP to massage the process of choosing a flag-bearer is the real issue that should be addressed. This is how it is done in serious political parties or organizations. Members should thwart the deviant ambitions of holders of executive office with the scrutiny of due process and vigilance.
A final point I want to make concerns the limitations in our emergent state or party political institutions. In advanced democracies, ways have been contrived to subject the law making supremacy of congresses, assemblies, or other ‘demos’ representations to other tiers of approval. This is all what bi-camera legislatures; presidential veto of bills, and electoral colleges are about. They provide a way to ameliorate mistakes made by representatives of the ‘demos’ in making decisions at congresses or conventions. Political party delegate conventions do not have processes like these.
This is how Chapter 4 (4.5) of the new SLPP constitution came to evade final scrutiny. The new constitution has not yet been deposited with the PPRC, providing us convenience to indulge in validation and scrutiny to strengthen the SLPP. It is this opportunity for further scrutiny that vigilant people in the Party have made use of to discover several flaws; some of which border on fraud.
Writing in support of Dr Abass Bundu (Global Times October 13, 2009) Abass Collier asserts that any improvement to the 1995 Constitution can only be done within laid down procedures. This is exactly the position that we hold.
The facts are simple. Chapter 4(4.5) was one of four provisions in the draft constitution objected to before the National Delegates Conference. Two of the provisions were put to a vote. Chapter 4 (4.5) was not. This contentious issue is in the new Constitution as a result of the Legal Teams’ discretionary insertion. The 1995 Constitution under which the SLPP is operating does not provide for lawyers’ discretionary insertions. Chapter 4 (4.5) got into the Constitution without a vote on it by the National Delegates Conference. It was Eke Halloway and J.B Dauda who put it there. The executive of the SLPP cannot remove it nor can they leave it in the Constitution without the voted consent of a National Delegates Conference. Chapter 4 (4.5) is thus going back to a National Delegates Conference to secure mandate to be in the Constitution. We take this opportunity to put Dr Abass Bundu, J. J. Saffa and others on notice that our objection to the new Constitution has already been prepared for submission to the PPRC. (if wu nah kerr am now).
By Ndor-mui Hindowa
ADVERTISEMENT