Members of Parliament (MPs) are all set to commence the debate on the Constitutional Instrument relating to the State of Public Emergency Regulations that were laid in Parliament on the 10th November 2020 by the Attorney General Anthony Y. Briwah. This came as a result of a Motion moved by the Leader of the Opposition Honorable Chernor Maju Bah, considering the 21 days counting rule for the House to debate and throw out the Regulations of the State of Public Health Emergence, which according to him contravenes Section 23 subsection 7 of the 1991 Constitution of Sierra Leone.
It could be recalled that the Leader of the Opposition stood on Standing Order 18 together with Section 23 subsection 7 of the 1991 Constitution, on November 10th 2020, stating that Parliament is in quagmires at the moment as they now have four so-called Regulations before them, disclosing that initially Parliament was unanimous that the Regulations should have ben put in one volume, which they are yet to receive. According to him, Instrument 26 and 27, the Corona Virus Disease Emergency Fund Regulations 2020, which is Constitutional Instrument No 26 of 2020 and the Corona Virus Disease Emergency Fund (Management) Regulations, 2020, Constitutional Instrument No 27 of 2020 cannot be before Parliament.
He disclosed that the reason is that they have been asked to make these Regulations retroactive of which Parliament does not have the authority, explaining that if they do they will be flouting Section 23 subsection 7 of the 1991 Constitution, as penalties cannot be made retroactive.
Hon Bah furthered that the Covid-19 Public Emergency Response Coordination Regulations 2020 (Constitutional Instrument No 20, 2020) and the COVID-19 Public Emergency Coordination (Protective Measures) Regulations 2020-Constitutional Instrument No 29, 2020 contains many provisions that contravene the very financial provisions and laws of the country. He however pleaded with Parliament for the Attorney General and Minister of Justice to come and explained to Parliament about the Regulations which the Minister did yesterday Tuesday 24th November 2020 at the Well of Parliament.
Responding to the concerns of the MPs, the Attorney General disclosed that decision made by the President pursuant to Section 29 subsection 5 of the 1991 Constitution are not retroactive. The Opposition Leader however commended the Attorney General for his response assuring him that they as MPs do not have any issue with what is in Section 29 subsection 5 of the Constitution as it makes the statement or actions of the President legitimate, but how cited Section 29 subsection 1a&b which according should be tied with Section 29 subsection 5 which cannot be read in isolation.
“The Rules and Orders made under Section 29 subsection 5 must comply with section 29 subsection 10,” he maintained, explaining that except what the current Attorney General presented to Parliament 14 days ago, there is no other regulations relating to COVID-19 before Parliament. He however maintained that the issue before them now should have been handled if the Supreme Court had listen to the matters before them for interpretation relating to the Regulations, assuring the Regulations cannot be made retroactive as such action contravenes section 23 subsection 7 of the 1991 Constitution.
Hon Kandeh Kolleh Yumkella however questioned the Attorney about the state of the COVID-19 fund expended if the Regulations are not retroactive, explaining that the 90 days period of the Regulations expired on July 1 2020 after the pronouncement on the 1st April 2020. He also questioned if actions taken after July 1st 2020 against offenders of COVID-19 are illegal considering that fact that there is no Regulation before Parliament since the day the House enacted the SOE to the 10th November 2020.
The Attorney General responded that that whatever the President said or does is the law, which is why while in office no action can be brought before him as the President and fountain of honour. However Chernor Bah however said that no one is above the law, which was why the President sent the SOE Proclamation to Parliament for approval.
The Leader of Government Business However urged the Leader of the Opposition to come up with a Motion calling for a debate on the Regulations, which he assured they are ready to entertain in the interest of educating the public and getting things right. The Speaker, Hon Abass Bundu, after consulting with both Leaders assures that Parliament will soon set a date for the debate and that the 21 days counting process cease with immediate effect on the Constitutional instrument.
By Alhaji Manika Kamara