Peter Tucker unveils amended constitution
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The Chairman of the Constitutional review Commission Dr Peter Tucker
has unveiled the amendments to the 1991 constitution.
The proposed amendments amongst others includes a second chamber,
extension of immunity while in office to government Ministers, making
access to information a right, committing parliament to review the
death penalty every five years while removing it for cases like
treason, change to the citizenship laws to allow Lebanese to be voted
to parliament but not as President and others. Speaking to Awoko at
the British Council Thursday Dr Peter Tucker defended the accusations
that the amendments were being rushed through saying "There is no
constitution of Sierra Leone that I know of which has taken longer
than three months to discuss, and ours is taking about four months."
On the question of whether the National Electoral Commission (NEC)
will be able to conduct a referendum along with the elections slated
for July 28, Dr Tucker said "I think they should be able to but it is
left to them but my view is that it can be done" adding that "the
matter is between government and NEC."
If the referendum is not held now, Dr Tucker said the next step "will
be to fix a date a reasonable date when it can be held its only a
question of resources." He argued "they don't have to be held
together if we can find money to do them separately so if the
resources are available another date could be fixed" he said. On the
question of whether Parliament had to be closed before the referendum
and a new parliament opened again, Dr Tucker explained that this was
the case for the 1961 constitution but not anymore. He explained that
now "parliament pass the bill then it goes to a referendum and if
it's approved in the referendum it is submitted to the President for
his signature, and once he signs it, it becomes law" .
Questioned about the justification for a second chamber in
parliament, Dr Tucker explained that "on the first occasion it was
really not discussed it was rejected by cabinet and so we don't think
that the people rejected it and so we think we should try again to
bring it in." He explained further that "in most other commonwealth
countries where you have separation of powers they have this second
chamber which helps to moderate it's a kind of check and balance
situation if we have a group of experienced people in
administration, religion Paramount Chiefs sitting there they are more
likely to moderate any excesses coming from the House of
Representatives by advice by comment, than it is now." He added "we
have had a very peaceful existence with government that is the
executive and the legislature so far but it may not always be so and
so if we have that odd chance we may need a second force or third
force to moderate things." On the question of why 44 for the proposed
second chamber, the Constitutional review Commission Chairman
said "this was to take in almost every interest group." The issue of
extending the immunity for the President to life is not in the
Preliminary report given to journalists, though reports say the
political parties have the same document where it is inserted.