Proposed Constitutional Amendment May Replace First-Past-the-Post with Proportional Representation
A leading human rights lawyer and pro-democracy advocate has raised serious concerns over provisions in the 2025 Constitutional Amendment Bill that could fundamentally alter Sierra Leone’s electoral system by replacing the First-Past-the-Post (FPTP) model with Proportional Representation (PR).
According to the legal analysis, the amendment introduces PR on the grounds that it is currently impossible to properly delimit constituency boundaries, citing prevailing security challenges. This shift effectively transforms the country’s electoral framework without broad public consultation.
The 2025 Constitutional Amendment Bill introduces two major changes:
• Deletion of Section 38A, thereby removing the President’s discretionary power to impose a temporary district block proportional representation system when constituencies are not established.
• Amendment of Section 74(1)(b) of the Constitution to allow for a number of Members of Parliament—as prescribed by Parliament—to be elected through Proportional Representation, with critical elements such as the mode of election, nomination of candidates, and conduct of elections to be determined by a subsequent Act of Parliament.
Critics argue that the Bill suffers from significant procedural and democratic deficits:
• It disregards Tripartite Recommendation No. 78, which calls for a national dialogue on the choice of electoral systems, including PR, FPTP, or a hybrid model. Implementing PR without such consultation risks perceptions of partisan imposition and could erode public confidence in the electoral process.
• By deferring essential operational details to a future Act of Parliament, the Bill creates legal uncertainty and leaves room for manipulation during implementation, undermining transparency and predictability.
Analysts warn that while proportional representation can enhance inclusivity, introducing it without consensus-building mechanisms may deepen political divisions rather than strengthen democratic representation.
The Institute for Legal Research and Advocacy for Justice (ILRAJ) has proposed key safeguards to address these concerns:
• The Bill should mandate a multi-stakeholder national dialogue—involving political parties, civil society organizations, electoral experts, and the general public—before finalizing the electoral system or enacting the subsequent legislation. This could be achieved through public hearings or a national referendum.
• The Constitution should embed baseline safeguards to prevent the passage of overly restrictive or partisan future legislation governing proportional representation.
Democracy, ILRAJ emphasizes, requires an electoral system that is both representative and resilient. While electoral reform may be necessary, it must be rooted in inclusive consultation, legal certainty, and public trust. The 2025 Constitutional Amendment Bill, critics argue, must therefore be amended to guarantee these democratic principles before any permanent shift in Sierra Leone’s electoral system is effected.
