In simple terms
Parliament makes the laws of Sierra Leone. It is made up of the President, the Speaker and the Members of Parliament. The Constitution sets out who may sit, when a seat falls vacant, and how Parliament is summoned and dissolved.
Composition
Section 73: There is a Legislature called Parliament, which consists of the President, the Speaker and the Members of Parliament, and in which the legislative power of Sierra Leone is vested. Parliament may make laws for the peace, security, order and good government of Sierra Leone.
Section 74: Members of Parliament are Paramount Chief Members, one for each district, and such number of ordinary members as Parliament prescribes. The detailed numbers are fixed by electoral law and boundary orders, so they change over time. Always check the current Public Elections Act.
How members are elected: The usual method is single-member constituencies. A 2001 amendment added section 38A, which lets elections be held by District Block Representation, a system of proportional representation within each district using party lists. That system was used in 2002 and again in 2023.
Qualifications
Section 75: A person is qualified to be a Member of Parliament if he is a citizen of Sierra Leone (other than by naturalisation), has reached 21, is a registered voter, and can speak and read English well enough to take an active part in proceedings.
Section 76(1): A person is disqualified if, among other things, he is a member of a constitutional commission, the armed forces or the public service, or an employee of a public corporation, unless he resigned at least twelve months before the election. He is also disqualified if he is of unsound mind, has been of an offence involving fraud or dishonesty, is under a sentence of imprisonment above the stated limit, or is the President, Vice President, a Minister or Deputy Minister. Check the full list in the current text.
When a seat falls vacant
Section 77(1): A Member must vacate his seat, among other cases, when Parliament is dissolved, if he becomes Speaker, if he would be disqualified from election, if he is absent for the period set by the standing orders, if he becomes a Paramount Chief, if he resigns, or if he leaves the party for which he was elected, or as an independent joins a party.
Who decides: Under section 78 the High Court decides whether a person was validly elected or whether a seat has become vacant.
The Speaker
Election: Under section 79 the Speaker is elected by the Members, from among people qualified to be Members or to be judges of the Superior Court of Judicature. A two-thirds vote is needed, but after three failed attempts a simple majority is enough.
Who cannot be Speaker: Members of the armed forces, Ministers and Deputy Ministers.
No business without a Speaker: No business other than electing a Speaker may be done while the office is vacant. The Speaker presides at sittings, and a Deputy Speaker may preside in his absence.
Sessions, dissolution and language
Sessions: Sessions are held where and when the President appoints by proclamation, and at least once a year. At the start of each session the President addresses Parliament on the state of the nation.
Life of Parliament: Parliament is dissolved five years after its first sitting following a general election. In time of war, Parliament may extend its life by resolution for limited periods.
Summoning: The President Parliament. If at least twenty per cent of Members ask for a meeting, the Speaker must summon it within fourteen days.
Language: The business of Parliament is conducted in English.
Memory map
Parliament
Composition
- Section 73
- Section 74
- How members are elected
Qualifications
- Section 75
- Section 76(1)
When a seat falls vacant
- Section 77(1)
- Who decides
Key points
- Parliament is the President, the Speaker and…
- Members include Paramount Chief Members and…
- Section 75 sets the qualifications and section…
- A Member who leaves his party loses his seat…
Key terms
- Conviction
Take-home points
- Parliament is the President, the Speaker and the Members of Parliament (section 73).
- Members include Paramount Chief Members and ordinary members. The numbers are fixed by electoral law, so check the current Act.
- Section 75 sets the qualifications and section 76 the disqualifications. The High Court decides election disputes (section 78).
- A Member who leaves his party loses his seat under section 77.
- The Speaker needs a two-thirds vote, falling to a simple majority after three failed attempts (section 79).
Lecture notes on this subject
- Constitutional Law: First Semester NotesConstitutional law
- Constitutional Law: Second Semester NotesConstitutional law
- Constitutional and Administrative Law: LLM Master Study NoteConstitutional and administrative law
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