State of Emergency – Still?????

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 7^th. But, till today… we’re still under this “emergency umbrella”. Like so many things in Sierra Leone – it can’t be explained.