Recommendation 1: The Electoral Commission must consult on a consultation policy, must promulgate and publish this policy within three months of the submission of this report. The consultation policy is to apply to all commission policies, regulations and guidance.
The policy should provide for designation of ‘Electoral Commission stakeholders’ who form a standing consultation list.
The consultation policy must fit with the new regulation making process.
The Electoral Commission must report on compliance with the Consultation Policy in its Section 32(12) reports to President and Parliament.
Recommendation 2: The Electoral Commission to make a policy on exercise of regulation-making powers within six months. The Electoral Commission to consult Electoral Commission stakeholders on draft policy before making and ensure that the regulation-making policy fits with the consultation policy recommended above.
The Electoral Commission to publish any regulation made on website within 48 hours, in the Gazette and make available a hard copy for inspection at every Electoral Commission office.
The Electoral Commission to report on regulation-making in Section 32(12) report to the President and Parliament.
All Electoral Commission manuals and guidance to be the subject of a formal Electoral Commission decision or regulation.
Recommendation 3: The Electoral Commission to cease the use of ‘classifying’ documents. A new information/document management policy should be developed that starts from the principle that all Commission documents should be public unless to protect information privacy and commercially sensitive issues.
Recommendation 4: Electoral Commission should ensure that it complies with the provisions of the Audit Services Act.
The Electoral Commission should also make available its annual audited accounts to registered political parties.
Recommendation 5: The Electoral Commission Secretariat must be responsible for the electoral operations. Electoral Commissioners should only be engaged in the development of regulatory policies and refrain from interfering in the work of the Secretariat staff.
Recommendation 6: There must be an urgent external functional review of the Commission (in line with current GoSL effort), including benchmarking against international good practice. The findings of the review to be published and discussed at PPLC and with other critical national stakeholders.
The review is to be conducted by an independent team that comprises both GoSL public sector management expertise and electoral expertise with Parliamentary oversight. The review should be concluded within six months after the submission of this report.
Following the review, the Commission must:
- Develop a sound organisational and staff development policy for permanent staff based on the functional review findings that includes a skills matrix for all permanent roles; and
- Develop a new permanent staff recruitment policy that takes into consideration regional diversity and establishes that all staffing decisions are to be based on functional needs and to be merit based.
The Commission should also aim to forge a strategic partnership with accredited tertiary institutions to provide foundation training for electoral matters.
Recommendation 7: Electoral Commission to publish a full electoral cycle calendar within twelve months of the declaration of a presidential election result. An update should be published every six months. Electoral Commission to publish this calendar on the website, in the Gazette and have a hard copy available at every Electoral Commission office.
Recommendation 8: Electoral Commission to adopt regulations specifying the format of electoral operational plans, including timelines for their adoption and publication in relation to any given electoral event (voter registration or election).
Publication dates for electoral operational plans to be included in the electoral cycle calendar.
Recommendation 9: Electoral Commission to publish a calendar of when and how they will review their suite of procedural guidance, including allowing for a period of consultation on the procedural guidance documents, with Electoral Commission stakeholders. This calendar should be mapped against the full electoral cycle calendar.
Procedural guidance documents to be made by regulation so that there is a penalty under the Public Elections Act for failure to comply. Procedural guidance documents to also clearly state the source of the instructions therein (Constitution, statute and/or Commission regulation).
Electoral Commission to publish documentation of planned training cascades in year three of the electoral cycle.
Recommendation 10: Electoral Commission to develop and consult upon a new temporary staff recruitment policy that includes (a) job descriptions for all temporary staff roles (b) qualifications/experience matrix mapped to all temporary staff roles (c) recruitment and testing methodologies.
Electoral Commission to show regard to national spread and diversity in recruiting temporary staff as well as ensuring relevant local knowledge in the relevant District.
Electoral Commission to open dialogues with other state institutions to investigate opportunities to collaborate on temporary staff recruitment.
Electoral Commission to ensure timely and transparent selection of polling staff and conduct of polling staff training programme close to polls to ensure polling staff retain the knowledge acquired.
The training courses must be based on cascade and interactive training methodology.
Electoral Commission to train polling staff using training polling/counting materials and mock ballot papers and operational forms for simulation exercises.
Recommendation 11: There should be an independent assessment of voter information provided in 2023.
The Electoral Commission to develop, consult and finalise a new electoral cycle voter information strategy in the first year of each electoral cycle (for the 2028 cycle, this will be informed by the assessment above) that uses practical and cost-effective methods for the development and dissemination of voter information and education.
Electoral Commission to devote more resources to the provision of voter information as per Public Elections Act Section 7(1)(e) and (g) and improve the capacity of its staff at headquarters and district levels to perform these functions.
Electoral Commission to increase the use of local languages in their voter information and education efforts and encourage other organisations to do the same.
Recommendation 12: Electoral Commission voter information and education campaigns to be included in the electoral cycle calendar and details to be included in electoral operational plans as per recommendation 8.
Electoral Commission voter information efforts to start no later than six months before (a) the commencement of the voter registration period and (b) polling day respectively.
Electoral Commission to establish a permanent mechanism for voters to check if they are registered and their place of voting, possibly via a search engine on the website as well as a mobile app and SMS messaging processes.
Electoral Commission voter information to specify the identification documents required to vote at polling stations.
Recommendation 13: Electoral Commission to work with the Ministry of Education to include the governance and electoral topics in the school/university curriculums.
There should be a national effort to provide sufficient resources to CSOs, CBOs, Paramount Chiefs, local stakeholders, and media to conduct effective civic and voter information and education to ensure informed participation of voters in elections.
Recommendation 14: That the Electoral Commission undertake the following voter registration process under current legal provisions:
- Electoral Commission to receive a voting age population database from NCRA for the purpose of updating a voter register;
- Electoral Commission to conduct a national voter registration fieldwork exercise following receipt of the data from NCRA. This will also allow voters to verify their names on the provisional list of voters.
- Electoral Commission to conduct a deduplication process in Sierra Leone in a transparent manner following their field work process.
Electoral Commission must ensure that the list of locations of the registration centres are published and communicated with political parties and other stakeholders two months before the start of voter registration fieldwork. Prior to this, the Electoral Commission must have reviewed the locations of registration centres, taking into account both distance from the population and the number of expected voters, with full engagement of stakeholders in the review process.
Recommendation 15: The Government should consider further subsidising the acquisition of national ID cards so that the Electoral Commission does not need resources to issue separate voter identification documents.
Recommendation 16: Electoral Commission review the proposed locations of registration centres every cycle, taking into account both distance from the population and the number of expected voters, with full engagement of stakeholders in the review process.
Recommendation 17: Candidate nomination fees to only be collected to a maximum of the number of seats to be elected, regardless of the number of candidates submitted on the list.
Recommendation 18: Electoral Commission to continue to offer a nominations software solution under the following conditions:
- Commission to hold consultations with political parties on the development of any planned nomination software eight months before the start of a candidate nomination process and to include plans for stress and access testing in their design process.
- Commission to ensure the nomination software is designed and finalised six months before the start of a candidate nomination process. Training for registered political parties to start immediately on finalisation of the software and to continue until two months to the start of the nominations period.
- No modifications to the nomination system should be allowed 2 months before the start of a nomination process. Any update identified as essential to system operation should be advised to PPLC to enable discussion of any waiver to this timeline.
The Commission to discuss with registered political parties the amount of time to be allocated to the political parties for uploading relevant data.
Recommendation 19: Electoral Commission to process accreditation of party agents at least two weeks before the event.
Electoral Commission procedures and manuals to be fully provided to all registered political parties in hard and soft formats and the expected date of release to be included in electoral cycle calendar.
Electoral Commission to produce additional customisable materials for political party use (powerpoints etc) in the delivery of their training.
Recommendation 20: Create a dedicated oversight committee in Parliament comprising representatives from all political parties represented in Parliament as a Standing Committee on Electoral Matters to review an electoral cycle, inquire into electoral preparedness, and guide legislative reform. The Committee is to be chaired by an MP from an opposition party.
Parliament to have an annual debate on the Electoral Commission’s annual report submitted under section 32(12) of the Constitution.
Recommendation 21: PPRC should make available its annual audited accounts to registered political parties.
That PPRC must consult on a consultation policy, must promulgate and publish this policy within three months of the submission of this report.
The policy should stipulate that all registered political parties, some CSOs and development partners be included on a standing PPRC consultation list.
PPRC to develop and consult (in line with the consultation policy) upon a new permanent staff recruitment policy that takes into consideration regional diversity.
PPRC to develop and consult upon a new temporary staff recruitment policy that includes (a) job descriptions for all temporary staff roles (b) qualifications/experience matrix mapped to all temporary staff roles (c) recruitment and testing methodologies.
PPRC to show regard to national spread and diversity in recruiting temporary staff as well as assuring relevant local knowledge in the relevant District or Region.
PPRC to open dialogues with other state institutions to investigate opportunities to collaborate on temporary staff recruitment.
Recommendation 22: NCRA to be resourced to provide an inclusive and comprehensive civil register. NCRA to extend the data collection process to include all data fields relevant for the electoral process. NCRA operation should be further decentralised beyond the district level operation.
Recommendation 23: IESPC to draft a Declaration outlining the security agencies involved in election security, defining their roles and responsibilities, the working procedures and use of force, and outlining the security Code of Conduct, for security personnel assigned to electoral activities and facilities.
There should be an accompanying Memorandum of Understanding between the Sierra Leone Police and the Electoral Commission that incorporates the Declaration and should specify the Sierra Leone Police as the primary electoral security actor as recommended to be prescribed in the Public Elections Act, the Police in turn being supported by the other participating election security agencies listed in the Declaration. It should also outline the documents to be shared with the Electoral Commission, including the deployment plan of the election security personnel, the risks assessment(s), and the time frames for sharing those documents. The said MoU to be shared with the IESPC and the participating political parties.
The security Code of Conduct should be revised to include reference to the penalties for non-compliance that already exist in law.
Recommendation 24: IESPC to enhance transparency and the right to information by drafting and submitting a post-elections security assessment report to the EMBs and political parties, which includes a lessons-learned section.
Recommendation 25: IESPC and security forces be resourced to conduct a comprehensive election threat and risk assessment that addresses their operational planning and needs. Guidance to be provided to reinforce capacities. Enhanced coordination and cooperation between CSOs, including women’s organizations and organizations of persons with disabilities, and the security forces in the development of the assessment is encouraged, with each keeping their own line of operation and commands.
Recommendation 26: Future electoral security communications strategy documents to: (a) Enhance its purpose as a pan-security sector election communications strategy that sets out a clear and consistent approach to messaging during each election phase; (b) Enhance accountability and public trust by including a dedicated transparency section that mandates timely and ongoing reporting on investigations related to election violence and offences; (c) Recognise and build upon the effectiveness of existing communication methods, such as peace marches and “no violence” songs, by evaluating their impact and incorporating successful elements into the overall strategy. d) Produce a final assessment report based on pre-identified indicators.
The IESCP should meet and update the Electoral Commission on a regular basis and inform the public on progress and broad security issues via the publication of meetings minutes through pre-identified specific communication channels.
Recommendation 27: Government to enhance the right to information and the right to security by recognising the importance for the public to be informed when MAC-P is invoked.
Recommendation 28: Establish a civilian-led multi-stakeholder structure incorporating non-security state and non-state actors to: (a) Monitor and report election violence in a timely, factual, and objective manner; (b) Publish data periodically through online reports, press releases, and open-source mapping, in order to ensure transparency, foster public trust, and reinforce accountability.
Recommendation 29: The Human Rights Commission to monitor election related human rights violations and release reports.
Under the auspices of the Human Rights Commission, increase human rights respect by developing a human rights campaign aimed at the security forces, the human rights organizations, and the public at large to foster dialogue and understanding, in advance of the election security trainings.
Recommendation 30: Sierra Leone Police to conduct a comprehensive election-focused training needs assessment to identify thematic gaps and the specific police units that require additional training, particularly in crowd management. Plan accordingly to address these needs effectively and ensure the training curriculum tailored to the specific needs of the trainees.
Plan for real time testing exercises and review training schedule to ensure all necessary cascade trainings are implemented, including for newly recruited constables.
Recommendation 31: Provide necessary funding and plan for adequate human resources and materials to capacitate the Sierra Leone Police in effectively carrying out their duties.
Reinforce investigative and interview skills and techniques to ensure impartial investigations, with specific training on handling complaints from women who should be encouraged to report offences. Additionally, provide training on the use of material.
The collection of data should be standardized across police divisions, regions, and elections. Data should be disaggregated by gender according to international standards. Election-related
cases should be recorded to align with election offences identified in the Public Elections Act and Political Parties Act and guidance to be issued on recording and reporting electoral cases.
Reported and observed cases of violence have to be investigated by the police in a timely manner and appropriate actions taken.
Recommendation 32: To reinforce accountability and transparency, develop a communications campaign aiming at informing the public about the IPCB, its role, and how the public can interact with it.
Recommendation 33: PPRC to enforce Section 9 of the Political Parties Code of Conduct in relation to raising militia to sponsor violence.
Recommendation 34: It is proposed to amend Section 43 and 87 of the Constitution to provide a fixed date for holding Presidential and Parliamentary elections on the last Saturday in March, April, or May in every fifth year.
Recommendation 35: Amend Section 2(3) of the Public Elections Act to require professional qualifications and experience in governance and public management for Electoral Commissioners in addition to the requirements of Section 32(4)(a) and (b) of the Constitution.
Recommendation 36: It is recommended to amend Section 32(3) of the Constitution, section 2 of the Public Elections Act and section 34 of the Constitution to provide for a Search and Nominating Committee for the appointment of all members of the Electoral Commission and the Chair of the Political Parties Regulation Commission that comprises nine persons from all walks of life (with an overall number of women in line with GEWE), including one from each of:
Inter-Religious Council
The Bar Association
Civil Society
Labour Congress
SL Association of Journalists
Women’s organisations
Youth groups
Search and Nominating Committee to be administratively supported by the Public Services Commission.
Within six months of their establishment the Search and Nominating Committee will finalise an Electoral Commissioner job description that details roles and responsibilities, following consultation with Electoral Commission stakeholders and Parliament.
Following an application and search process the Search and Nominating Committee undertakes a selection process, including interviews.
The Committee will recommend to the President a shortlist of three persons for each post who have met the criteria under Section 32 of the Constitution and Section 2(3) of the Public Elections Act for appointment to the Commission. The President can only appoint a Commissioner that is on such a shortlist.
Electoral Commissioners must be appointed on a staggered basis over the electoral cycle.
Recommendation 37: Include provisos to Section 2(2)(b) Public Elections Act to stipulate that regional Electoral Commissioners are (a) not to be appointed to their regions of origin and (b) that their duty station is to be in the region of their appointment.
Recommendation 38: The Constitution to be amended so that:
- a)The proviso to Section 38(4) to be amended so that only the data from decennial census to be used for electoral purposes; and
- b)A proviso to Section 38(5) should be inserted to provide that where the final report of a decennial census is published at or less than 24 months before a general election, the data collected from that census should not be used for purposes of delimiting boundaries for use at that general election.
Recommendation 39: Consider aligning the definitions in section 2 of the 2021 Cyber Security and Crime Act with the regional and international instruments, in particular to review the definitions of:
- Cyber-terrorism
- Cyberstalking
- Cyberbullying
- Incendiary information
Recommendation 40: There should be a consultative process of drafting relevant legislative provisions to provide protection for election observers as human rights defenders.
Amend section 167 of the Public Elections Act to make explicit the obligation that observers submit reports and to provide that those observers who do not submit reports will not be eligible for accreditation in the future.
The Government of Sierra Leone to publish written responses to all submitted reports.
Recommendation 41: The Electoral Commission to use the 2012 Declaration of Global Principles and Code of Conduct for Non-Partisan Citizen Election Observers and Monitors and the 2005 Declaration of Principles for International Election Observation and Code of Conduct for International Election Observers as the basis for a new Sierra Leone code; then to consult upon the draft code and make a Regulation. Previously accredited observer groups should be included in the consultation process.
The Electoral Commission should send all observer reports received to the Parliamentary oversight committee.
The Electoral Commission to publish written responses to all submitted reports.
List of accredited observer groups to be published in good time and sent to registered political parties.
Recommendation 42: Amend the Public Elections Act to mandate that Electoral Commission convene a Political Parties Liaison Committee (PPLC) to meet at least monthly, and to make public all PPLC documents including the agenda and formal minutes.
PPLC should be chaired by the Chair of ECSL or their representative and consist of all registered political parties, HRC, NCD, NCRA, ONS, Peace Commission, PPRC, RSLAF, SL Police and CSOs accredited to ECSL. The two largest political parties in Parliament are to be co-chairs. Consideration should be given to making a reference to PPLC in the Political Parties Act in relation to the PPRC.
This statutory provision for PPLC is to include a mechanism for a political party’s registered officer to make nominations and withdraw nominations for that party’s PPLC membership (including provision for an alternate).
Recommendation 43: Amend the Public Elections Act 2022 to include requirements and timeframes for the publication of:
- Electoral Commission decisions, regulations and formal policies;
- Electoral Commission meeting agendas and minutes;
- A register of formal Commission decisions;
in the Gazette, on the ECSL website and social media platforms. The law to require that these documents are permanently maintained for public access on their website and for hard copies to be available for inspection at all ECSL offices.
Section 52(b) of the Public Elections Act to be revised to provide a timeframe (7 days) of the announcement) for publication of the results of the presidential election.
Section 52(b) of the Public Elections Act be amended to stipulate that publication must be in the Gazette, website, and distributed to registered political parties.
Recommendation 44: The Electoral Commission to make a Regulation on the movement of electoral materials well in advance of each general election and the timing of the movements to be included in the electoral cycle calendar.
Recommendation 45: Revise Section 17(c) Public Elections Act, which disqualifies all persons who are serving a sentence of imprisonment from voting, to make provisions for prisoners to vote in presidential elections, including persons in pre-trial detention.
Unless otherwise provided by law, status as a prisoner should not be a de facto disqualification for candidacy; any such disqualification should be as separately provided for in law.
Recommendation 46: The Committee recommends an amendment to section 76(1)(b) of the Constitution to stipulate a six-month resignation deadline for public officers seeking elected office.
This Committee feels that further clarity on the legal definition of a Public Officer under Section 171 of the Constitution would be useful for the future.
Recommendation 47: Section 76(1)(a) of the Constitution and section 43(2)(d) of the Public Elections Act and any other relevant law (e.g. Citizenship Act 1973) should be amended to allow a Sierra Leonean citizen with dual citizenship to be qualified to be nominated as a Member of Parliament, subject to safeguards such as a requirement of residency for the six months preceding the election or payment of Sierra Leone local tax, which is currently a requirement for seeking a parliamentary seat.
No changes are recommended for presidential candidacies.
Recommendation 48: Allow independent candidates to nominate for Presidential election through amendment of section 41(b) and 42(1) of the Constitution. Additional conditions for independent candidacies may be considered by Parliament.
In making amendments to the primary legislation to allow independent candidacies, there should also be full application of all regulatory requirements relating to conduct and financing to be applied to independent candidates by the Electoral Commission and the Political Parties Regulation Commission.
Recommendation 49: In the event that a presidential candidate is standing trial on a criminal charge to which the State is a party one year prior to the election, such trial must be suspended until one year after the election. The legislation will need to incorporate independent candidacies into definitions.
Recommendation 50: The Persons with Disability Act should be amended to ensure that there is progressive implementation of the principle that up to 5% of the members of the public in elective and appointive offices are persons with disabilities and that the starting point be at least 2%.
Section 58 of the Public Elections Act should be amended to require that all political parties must ensure that their national nomination lists for elective positions must include at least 2% PWD.
Recommendation 51: Adopt a National Youth Development Act, similar to GEWE, to provide for at least ten percent of the members in elective and appointive bodies to be youth using the African standard of up to 35 years old.
Section 58 of the Public Elections Act to be amended to reflect this quota.
For appointments to public office made by persons other than the President, at least 10% shall be youth.
Recommendation 52: Amend Sections 45(1) and 58(6) of, and the Eleventh Schedule to, the Public Elections Act to provide that women, young people to the age of 35 and people with disabilities will only be required to pay half of the nomination fee prescribed by the Electoral Commission for other candidates.
Recommendation 53: A constitutional amendment to Section 42(2)(e) of the Constitution so that in presidential elections, a candidate can only be elected on the first round if they:
(a) Obtain 50% + 1 vote of the total valid votes cast nationally; and
(b) Obtain 25% of the total valid votes cast in each District in at least half of the Districts of Sierra Leone.
If the two thresholds are not met there is a second round and the candidate with the highest number of valid votes will be declared elected.
Recommendation 54: Amend section 13 of the Public Elections Act to require the Electoral Commission to use the National Identity Number for electoral purposes, including but not confined to the registration of voters and the identification of voters on polling day.
Recommendation 55: Amend section 15(2) of the Public Elections Act to require the Electoral Commission to publish the locations of voter registration centres two months before voter registration commences. This list is also to be provided to registered political parties.
Recommendation 56: Amend the Public Elections Act to require that before any deduplication of the voter registration database can occur, the Electoral Commission must make a formal decision to do so and notify all registered political parties of their intention. The legislation should further stipulate that deduplication can only be carried by Electoral Commission staff using Electoral Commission software and that this process is to be open to observation and party agents.
Recommendation 57: Amend section 37 of the Public Elections Act to require that the final voters’ register for use at a general election must be published no later than six months to the polling day for those elections. This register must include for each voter the name, National Identity Number, address, and the polling station and polling centre assignment. This register must be publicly available for citizen verification.
This final register of voters should be provided to registered political parties no later than two months before the polling day. The legislation must also require the Electoral Commission to use appropriate technology for voters to access and confirm their entry on this list, such as through a mobile app, search engine and/or SMS service.
Recommendation 58: Amend the Public Elections Act to require the Electoral Commission to commission an independent and impartial organisation to conduct an external audit of the provisional voters’ register to assess the accuracy and completeness of the register nine months
before a general election. Only once the audit is completed is the register to be considered final. The report of the audit to be published.
Recommendation 59: Amend section 47 of the Public Elections Act to align with section 42(2)(d) of the Constitution so that in a situation where a political party presidential candidate is disqualified before elections, a political party must be given seven days to nominate a replacement candidate.
Recommendation 60: Amend the Public Elections Act to define the order that candidates should appear on the ballot paper following consultation on this issue.
Recommendation 61: The Electoral Commission to make access assessments of all proposed polling stations before the publication of the final voters’ register and the final allocation of voters to polling stations. Where forced by local circumstance to use an inaccessible polling station the Commission to make suitable logistic provision to make the station accessible for voters with disabilities.
Recommendation 62: Amend the Public Elections Act to make the procurement and printing of electoral materials, including ballot papers, more transparent and open to registered political parties.
Recommendation 63: To improve accountability, Section 90 of the Public Elections Act should be amended to mandate that the counting officer’s certified statement be witnessed by counting agents.
Recommendation 64: Amend Section 154(1) the Public Elections Act to provide that the general election campaign period is three months.
Recommendation 65: Increase penalties under section 132 and 160 of the Public Elections Act for the misuse of state resources in campaigning, including disqualification of candidates who do not comply or whose supporters do not comply.
Recommendation 66: It is recommended that the PPRC enact Regulations under Section 45(1) of the Political Parties Act to regulate campaign financing for both political parties and independent candidates.
Recommendation 67: The Committee recommends that the Chief Justice draft specialised rules on the handling of election petitions. These rules might cover such issues such as evidential standards and timeframes.
Recommendation 68: The Committee presents this recommendation in narrative form, in the interests of wide comprehension, and invites those who wish to see the technical instructions to consult the legal annex.
It is recommended to revise Sections 42(2)(f) of the Constitution to provide for the following:
That when the National Returning Officer declares a first-round presidential result that indicates the need for a second round, he or she will send this result to the Chief Justice immediately.
There is then a period of three days within which a citizen who voted in the election may lodge a petition. If no petitions are lodged, the Chief Justice is to advise the National Returning Officer that the declaration is confirmed. The Electoral Commission shall immediately declare that the second round of polling will take place in 14 days.
If a petition is lodged, there is to be a 14-day period in which the case must be heard and decided. On decision, the Court will either confirm the first-round result as declared or order a fresh poll to be held. If the declaration is confirmed, The Electoral Commission shall immediately declare that the second round of polling will take place in 14 days. If a fresh poll is required, then the Electoral Commission must set a day for this to occur within 60 days of the court decision.
Recommendation 69: The Committee presents this recommendation in narrative form, in the interests of wide comprehension, and invites those who wish to see the technical instructions to consult the legal annex.
It is recommended to revise Sections 42(3) of the Constitution to provide for the following:
That when the National Returning Officer declares a candidate elected to the office of President, he or she will send this result to the Chief Justice immediately.
There is then a period of seven days within which a citizen who voted in the election may lodge a petition.
If no petitions are lodged, the Chief Justice is to advise the National Returning Officer that the declaration is confirmed and after a further seven days can swear in the President-elect.
If a petition is lodged, there is to be a 21-day period in which the case must be heard and decided. On decision, the Court will either confirm the declared result as declared or order a fresh poll to be held.
If the declaration is confirmed, the Chief Justice can swear in the President-elect after a further seven days.
If a fresh poll is required, then the Electoral Commission must set a day for this to occur within 60 days of the court decision.
This process is applicable whenever a candidate is declared elected President, whether or a first or second round of polling.
Recommendation 70: The Political Parties Act to be amended to require that if a political party does not win any elected office (at local or national level) at two consecutive general elections then the party will be deregistered.
Recommendation 71: Section 25 of the Political Parties Act should be amended to limit the right to object to an alteration to registered members of a political party.
Proposed new Section 25 (1):
Where a political party registered under section 22 intends to alter
its Constitution;
its rules or regulations;
the name or address of a founding member;
the title, name or address of an office holder; or
its name, symbol, colour or motto
it shall notify the Commission of its intention and the Commission shall, within 14 days of the receipt of the notification, publish the intended alteration in the Gazette and invite objections from a registered member of the relevant political party to anything contained in the alteration.
Provided that the Commission shall not receive an objection from a member of a political party without proof of an attempt to first resolve the matter within the internal dispute resolution mechanism of the party before approaching the Commission.
To strengthen the dispute resolution capacity of parties, it is recommended to amend section 22 of the Public Elections Act to require that as part of the requirements for party registration, a party must supply information on its internal party dispute resolution mechanism.
Recommendation 72: Part VIII of the Political Parties Act should be revised to regulate individual’s non-compliant conduct in addition to that of political parties.
Part VIII-CONDUCT OF POLITICAL PARTIES AND INDIVIDUALS
To expand the scope of this party to over both party conduct and the conduct of individuals, replace the current section 39 (1) with the following new subsection:
(1) This part shall apply to:
every political party, its members, supporters, candidates and operatives;
independent candidates
to replace the current subsection 2 with the following subsection
(2) A person or political party listed in subsection 1 shall not be involved in
violent conduct in party or independent candidate offices or activities, whether directly or indirectly;
the use of thugs;
the use of profane and obscene language or provocative songs against political opponents;
the use of incendiary and inciting statements, including hate speech against political opponents or;
the obstruction of the activities of political opponents including the destruction of campaign materials.
(3) Where a person or political party listed in subsection (1) contravenes subsection (2), they are liable, upon proof by the Commission to penalties in the following order:
a written warning;
a fine not less than Nle 100,000;
a suspension and
de-registration.
(4) A penalty imposed by the Commission under subsection (3) shall not preclude a person who has suffered as a result of conduct prohibited in subsection (2) from seeking redress under any other law.
(5) A person or political party found liable by the Commission for any of the conduct proscribed in subsection 2 shall be at liberty to appeal against the decision of the Commission to the High Court of Sierra Leone and such appeal shall be determined within 30 days of the date of its assignment.
(6) A political party shall not extend the tenure of any of the executives for more than 6 months.
40 (2) replace the words ‘a political party or independent candidate’ with ‘a person or party listed in subsection 1…’
40 (3) replace the words ‘a political party or an independent candidate’ with ‘a person or party listed in subsection 1…’
Recommendation 73: Elaborate on election violence in Section 131 of the Public Elections Act to explicitly include gender-based violence (GBV), sexual gender-based violence (SGBV) and Technology-Facilitated Gender-Based Violence (TFGBV) in order to facilitate the collection and analysis of relevant incidents.
Recommendation 74: Enshrine the neutrality, the non-partisanship and the impartiality of the security forces in the exercise of their functions into the Constitution and all security sector-related Acts.
Ensure that all legislation in this space is drafted so as to safeguard the fundamental right of political parties and their supporters to assemble and rally in public. Amend the Section 17 of the Public Order Act to safeguard this right in line with international standards and regional standards and ensure that the Political Parties Act and Public Elections Act are also reviewed in this regard.
Develop an electoral security part in the Public Elections Act to: (a) Clearly designate the SL Police as the primary actor for implementing election security. (b) Stipulate that the security forces provide security coverage for all political parties on a level playing field. (c) Including the misuse (or other suitable definition) of security forces by any political party or individual as an electoral offence.
Recommendation 75: Enshrine the Independent Police Complaints Board in legislation, along with its mandate, functions and powers.
Recommendation 76: Amend the Independent Media Commission Act to make the appointment of the Independent Media Commission Chair subject to a more transparent process than at present. Independent Media Commission powers should be reviewed to ensure there is sufficient power to enforce the Media Code of Conduct. The Code should also be reviewed taking into account the role of social media in spreading hate speech during elections and whether sanctions are sufficient.
The Independent Media Commission could usefully offer training for journalists on political and electoral matters, perhaps in conjunction with the Electoral Commission and Political Parties Regulation Commission.
Recommendation 77: The state broadcaster, SLBC should be transformed into an independent public service broadcaster with editorial independence from government and financial autonomy.
Establish in legislation a limit in the maximum amount of airtime that political parties and candidates can buy on SLBC during an election campaign period, in order to avoid disadvantages between those parties with greater financial capacity than other parties.
Recommendation 78: There should be a national dialogue on the choice of electoral system to be adopted for Parliament and local councils between the district proportional representation system and the First Past the Post system.
Whichever electoral system is adopted should ensure that a minimum 30% female representation is maintained at all levels, consistent with the Gender Equality and Women’s Empowerment Act.
In advance of each general election the Electoral Commission must make a regulation that sets out how the GEWE quota and any other similar measure (such as for youth, People With Disabilities) are to be managed in the voting system to be used at that election.
Recommendation 79: The Committee recognises the need for early and diaspora voting but would suggest that this issue be discussed in the national dialogue recommended in recommendation 78.
Recommendation 80: That the final report be tabled in Cabinet and that the Cabinet develops a Cabinet Paper to guide Government of Sierra Leone implementation, including legislative reforms, as required.
Parties call upon development partners and other international organizations to provide technical and financial assistance for implementation.