Yes, Sierra Leone is Ebola-free (having
gone 42 days or two cycles of incubation periods without a case of Ebola). Yes,
Liberia and Guinea have each clocked “42 days of being Ebola free”. Of course,
Ebola was the big story/occurrence and crisis of 2014-2015 in West Africa.
Whew… I’m glad to be finished… Or are we?
Sierra Leone is still technically under a
“state of emergency” as declared by the President and Parliament back in 2014.
This state of emergency was enacted during the Ebola crisis and remains in
place… Hmmmm, one can ask, “why?” but there will be no answer.
From the Sierra Leone Constitution (now
under review)
29. (1) Whenever in the opinion of the
President a state of public emergency is imminent or has commenced, the
President may, at any time, by Proclamation which shall be published in the
Gazette, declare that—
a. a state
of public emergency exists either in any part, or in the whole of Sierra Leone;
or
b. a
situation exists which, if it is allowed to continue, may lead to a state of
public emergency in any part of or the whole of Sierra Leone.
29. (2) The
President may issue a Proclamation of a state of public emergency only when—
a. Sierra
Leone is at war;
b. Sierra
Leone is in imminent danger of invasion or involvement in a state of war; or
c. there is
actual breakdown of public order and public safety in the whole of Sierra Leone
or any part thereof to such an extent as to require extraordinary measures to
restore peace and security; or
d. there is
a clear and present danger of an actual breakdown of public order and public
safety in the whole of Sierra Leone or any part thereof requiring extraordinary
measures to avert the same; or
e. there is an occurrence of imminent danger,
or the occurrence of any disaster or natural calamity affecting the community
or a section of the community in Sierra Leone; or
f. there is any other public danger which
clearly constitutes a threat to the existence of Sierra Leone.
Ebola was a “calamity affecting the..”.
Ebola was a “public danger … constitutes (ing) a threat to the existence of
Sierra Leone”.
But, under Section 29 of the Constitution
of Sierra Leone the government/President has far-reaching powers including:
i. the taking of possession or control on
behalf of the Government of any property or undertaking;
ii. the acquisition on behalf of the
Government of any property other than land;
c. authorise the entering and search of any
premises;
d. amend any law, suspend the operation of
any law, and apply any law with or without modification: Provided that such
amendment, suspension or modification shall not apply to this Constitution:
e. provide for charging, in respect of the
grant of issue of any license, permit, certificate or other document for the
purpose of the regulations, such fees as may be prescribed by or under the
regulations;
f. provide for payment of compensation and
remuneration to persons affected by the regulations;
g. provide for the apprehension, trial and
punishment of persons offending against the regulations;
h. provide for maintaining such supplies
and services as are, in the opinion of the President, essential to the life and
well-being of the community: Provided that nothing in this subsection shall
authorise the making of regulations during a period of public emergency for the
trial of persons who are not members of defence forces by military courts.
Ebola was a crisis… an emergency… a threat
to the public order of Sierra Leone… therefore it was probably necessary to
declare this state of public emergency – Section 29 of the Constitution. Liberia
lifted their state of emergency long ago… Guinea, I’m not sure… but Sierra
Leone???? Hmmmm, almost unlimited powers to the President… makes me a little
worried. The President said Parliament was considering lifting the state of
emergency at the official announcement of the end of Ebola on November 7th.
But, till today… we’re still under this “emergency umbrella”. Like so many
things in Sierra Leone – it can’t be explained.
