Lansana Fofana
11 November 2009
Freetown — It may be seven years after the country's civil war, but Sierra Leone is still battling to obtain an independent judiciary.
Recent claims that the president's office had inside knowledge of the date a judgment, in a case brought by the media, would be handed down has left many wondering if the country has independent courts.
Since the end of the 11-year civil war in 2002, the British Department for International Development (DFID) has been pouring huge amounts of money into helping reform the judiciary which, like many state institutions, had virtually collapsed.
Judges and magistrates were provided with luxurious vehicles, the law courts were given a facelift, judicial officials were trained and the prisons system overhauled. But there is still much to be desired.
Sierra Leone's 1991 constitution clearly affirms the independence of the three arms of government - the judiciary, legislature and the executive (presidency) - but the judiciary has often been accused of allowing some of its activities to be interfered with by the executive, eroding neutrality.
A long-awaited ruling is expected on a matter brought before the Supreme Court by the Sierra Leone Association of Journalists (SLAJ), demanding a repeal of the criminal and seditious libel laws of the 1965 Public Order Act.
The law criminalises libel, and has seen many journalists sent to jail or have their publications proscribed.
Arguments in the matter were concluded in March 2009, and a ruling was expected within 90 days, according to the country's constitution. But when the Supreme Court reneged on giving a verdict, the SLAJ imposed a news blackout on the judiciary and other arms of the government, such as the police and the ministry of information, which the media association saw as accomplices in thwarting its goal.
Apparently embarrassed by this stand-off, the president's office wrote a letter to the SLAJ informing the association the ruling would be given in mid-September, when the judiciary resumed sittings following months of recess.
The SLAJ was re-assured and hopeful, but this provoked widespread condemnation of the president's office by rights monitoring groups and democracy watchers, who accused the executive of interfering in the activities of the judiciary. As yet, there has been no ruling on the matter.
First to fling down the gauntlet was the Awareness Times, a daily tabloid that has been a thorn in the flesh of the administration.
Its publisher, Sylvia Blyden, told IPS: "It is not that we are opposed to the cause of SLAJ. We are simply pointing out the constitutional abuses of the executive, and how these undermine democracy. How would the president know when the courts were to pass a ruling if he was not interfering with their activities?"
Her campaign resonated with that of others who believed democracy was under threat. The president's office was forced to issue a press release insisting that it was neutral. It claimed its message was simply that the ruling would be given any time within the judicial year, which started mid-September.
Blyden claims she has herself been a victim of what she described as executive interference in judicial proceedings. In July 2008 she took the president's press secretary, Sheka Tarawalli, to court for alleged libellous articles about her.
The matter had barely started in court when the attorney-general, through the director of public prosecutions, issued an order of nolle prosequoi, which automatically quashed the matter, apparently to save the image of the presidency.
This was no isolated incident. The history of Sierra Leone's judiciary is replete with allegations of executive interference, and this is not peculiar to the current government. Past regimes, both civilian and military, are similarly accused of such executive excesses.
During the past administration of the Sierra Leone People's Party (SLPP), journalist and editor of the vocal For Di People newspaper, Paul Kamara, was jailed for criminal libel, after alleged interference by the executive.
His deputy, Harry Yansaneh, died after being brutally assaulted by aides and the children of a former member of parliament. After alleged executive interference no one was brought to trial, in spite of the courts having ordered arrests.
Easmon Ngakui, spokesperson for the bar association, agrees there are shortcomings in the judiciary - but denies it is been influenced by the executive.
"I don't think the executive influences the judiciary. Rather, the judiciary has a long way to go in terms of meeting the logistical challenges and manpower requirements," Ngakui told IPS.
Judges and magistrates, he argued, did not even have computers and were poorly paid. In addition to Ngakui's position, there is an apparent shortage of judicial personnel, and allegations of corruption abound.
On top of this, the head of the judiciary, the chief justice, is appointed by the president as are senior members of the bench. Some believe this has undermined the effectiveness of the judiciary, as decisions sometimes get influenced by the executive.
"How can the judiciary be effective when poor people don't have access to justice? Suspects spend years on remand without having their cases heard in court, and most people cannot afford to hire the services of lawyers because of poverty," commented Michael Jones, a legal analyst in the capital, Freetown.
Sierra Leone has had to hire foreign judicial personnel from neighbouring countries like Ghana, Nigeria and the Gambia to shore up its system, and the difficulty in meeting legal costs by the majority of the citizenry drove a group of young lawyers to set up a legal aid service, which provides services to the poor and marginalised.
Melron Nicol-Wilson, executive director of the Lawyers' Centre for Legal Assistance (LAWCLA), told IPS they were motivated by the growing number of people who had no access to justice.
"It is a huge sacrifice but a worthy cause. The majority of people in this country have no access to justice, because for them the legal charges are prohibitive and they are too poor, so we are stepping in to help," Nicol-Wilson said.
LAWCLA has gained a reputation for championing the poor and helping them gain access to justice through its many lawyers, free of cost.
It is widely believed here that politicisation and under-funding of the judiciary have over the years been the main cause of ineffectiveness. So the intervention of DFID, which provides financial support for its overhauling, is seen as a ray of hope.
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In the words of Elbert Hubbard "All that is necessary for evil to succeed is that good men do nothing." Therefore we should publicise positive news; be grateful for and defend the efforts of hard-working public servants who do critical jobs for the nation, not just criticise the failures.
Our spectacular Cotton Tree is still thriving splendidly (JUNE 2009).
At last one can see things are beginning to improve in Sierra Leone. It would have been quite something to be able to enjoy the start of the promised electricity supply from the Bumbuna Hydro-Electric Project in April 2009 as promised. Nevertheless, there was a vast improvement in electricity supply in some areas of Freetown, the sort of "determined government attention" I constructively highlighted in my 2004 article. Some progress has taken place since my last write-up then about my experience in Sierra Leone, in 2004. The Bumbuna project should have a positive impact on the country. Theoretically, it should mean reduced spending on expensive imported fuel for generators if the savings is used to help drive the economy forward, stimulate development and improve living standards. All we need is the political will, good leadership and management.
I am familiar with the many problems faced by Sierra Leoneans but there's some positive stuff on the horizon to give us hope for the future. I saw some changes but there is still a lot to do to change the negative cultures, attitudes and behaviours. For example, some public employees criminally ask for bribes to carry out their public duties and/or to bypass laws and regulations.
I was particularly impressed by the progress pertaining to the issue of corruption in high places. I hope the feeling that government, especially through the effective approach to bolster the Anti-Corruption Commission is successful. Any new initiative to tackle entrenched institutional corruption must be good. I particularly like the idea of Target Setting and performance targets for ministers, as well as the declaration of assets by all public officials. The same tough approach might work for other sectors of concern to the community.
One of the best, exciting, fantastic development I saw was the eye-catching refurbished Clock Tower. This positively gives a sense of hope. It brought back fond memories of my childhood since it is still located near my Mountain Cut home and Holly Trinity Church and primary school. At the same time, disturbed and put off by too much street trading in the vicinity.
Newly Renovated Clock Tower at ‘Eastern Police’ There were several adverse and worrying comments concerning the judiciary and police. To many, there are major concerns about the judiciary and police who are perceived as being unethical, inefficient and unprofessional despite recent effort by some in this sector to improve the image and culture of these professions. At street level, the police are said to be unreliable, incompetent and corrupt. They need to be better trained and supervised. The Government need to do something about these serious concerns through bold, clear action and determination if criminal acts, lawlessness and anarchy are to be discouraged. Monitoring and promoting judicial integrity is crucial. It will reassure the public; ensure confidence in the police service and restore the tarnished reputation of the judiciary, ensuring peace and development.
There are still many issues for government to focus on and pursue, like road blockages, traffic congestions, the incredible uncontrolled destruction of our beautiful mountains and hills; the need for action against people who deliberately squat irreverently and so desecrate cemeteries are of paramount importance. Many traditional residential neighbourhoods are being downgraded to commercial areas to the extent that these areas are increasingly uglycised. This is a key challenge for the City Council. The proactive strides on the electricity front has raised hopes for many citizens saying they are convinced President Ernest Koroma's government need to be given a chance to address the many challenges they inherited.
In terms of the global economic crisis, there was a worry that not enough is being done proactively by government to alleviate the financial burden or reduce the impact on the population, especially the most vulnerable communities who suffer desperately from high prices of goods and services. Targeted strategies to stimulate the economy are needed to mitigate the tough symptoms for all struggling citizens.
Overall, my visit was wonderfully warming not just from the sumptuous sunshine. I had a fantastic, brilliant and lovely time predominantly. Slowly, I am working on my projects. Therefore, I am so looking forward to my next visit.
Sierra Leone is an exciting place to visit at the moment and so far, the Ernest Koroma government deserve a pat on the back. It was good to see 'cats eyes' road studs on some roads again; the newly constructed Freetown City Council Administrative Building at Wallace Johnson Street; FCC Waste Management vehicles and a few visible public dustbins also.
However, unfortunately, there is no organised house to house collection of refuse. There is a need for modern motor vehicles with hydraulic tipping mechanism for house to house collection of refuse and for public closets and urinals. Government must create public sector jobs; do more to encourage and support job creation by the private sector and address the issue of homelessness. Government should build affordable social housing to help move people from slum dwellings and so improve the quality of life of the nation.
My experience of visiting Sierra Leone over the last five (5) years tells me clearly, that with true leadership and if effective targeted action is taken to tackle the other significant problems, vis-à-vis THE ENVIRONMENT and HEALTH SERVICES, WATER, EMPLOYMENT, HOUSING, and TRANSPORTATION, especially proper management of our human, material and financial resources, SaLone will be a great place to live in the future. I feel and can confirm that many Sierra Leoneans I heard are more hopeful now and so I can see a bright future for our beloved Sierra Leone.
In short, corruption still plagues the country, needing political courage and strong government. As mentioned above, I saw some progress in Sierra Leone this year. No doubt there is a lot of work to be done to improve Freetown but if the present Mayor Herbert George A. Williams keeps up his enthusiasm and if he is truly dedicated, we will all enjoy a beautiful Freetown once more, DV.