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SLAWIJ Takes Coronavirus Awareness Campaign To Oku Town

By Sam Pratt

In their bid to complement the effort of the government to reach communities with preventive messages against the coronavirus, the Sierra Leone Association of Women In Journalism (SLAWIJ), headed by its Executive President, Millicent Kargbo and other members of the Association, embarked on a community awareness raising campaign at Oku Town in Wellington on Saturday 28th March 2020.

Speaking to the Chief at Ward 403 Constituency 114, Millicent Kargbo explained that they are a group of concerned female journalists from both the print and electronic media, desirous of helping residents in the country to fight against the virus. In this regard, she continued, they taxed their membership and came up with some amount of money, which they have used to purchase the veronica buckets, soap and hand washing lotions for the community.

She then went into detail to explain the various measures that should be taken to prevent the disease, which included: hand washing, avoidance of body contact, hand shaking, reduction of gathering to the barest minimum etc. She also admonished residents and the chief that in the event of persistent coughing, uncommon fever, extreme fatigue and difficulty in breathing, residents should call 117 for emergency response. She admonished them not to ‘pepper doctor’, as by so doing, if the patient is infected by the virus, it will spread and infect others. She called on the Chief to disseminate the message to his subjects in the community.

In his brief statement, Chief Alimamy Conteh of Ward 403 in Constituency 114, Oku Town community, welcomed the team, expressing satisfaction for their consideration of his community in this drive. He assured them that he will spread the message to his executive, who will in turn do the same around the community. He recalled the era of the Ebola and the loss suffered by the nation, stressing that this time with no case yet reported, he will do his best to ensure that the country stays zero.

Visiting another section of the community, where a non-formal school operates, The Executive President again admonished residents that action should be taken now to ensure that the disease does not come to the country. She further recalled the Ebola epidemic, which claimed the lives of many Sierra Leoneans, that a good number of women and children died and that the effect of that disease is still being felt today across the country. She appealed to her audience that they should adhere to the directives of the government and the Ministry of Health in order to maintain the zero case situation.

She further informed her audience that whilst many countries around the world have recorded cases of the coronavirus, Sierra Leone has been blessed not to have any. It is the desire of everybody to have a zero case situation throughout the whole pandemic and it is this that has prompted them to galvanise the little resources at their disposal to provide them with the veronica buckets, soap and hand washing lotions. Members of the team demonstrated how to go about the hand washing process. Present were the Councillor of Ward 403, Councillor Arthur Sheku Mansaray, Sorie I. Kamara, proprietor of the non-formal school and Ward Secretary and other elder residents in the community.

Nurse Magdalene Baimba, a resident in the community aptly demonstrated the way to wash hands to prevent contracting the virus. She also explained that the waste water used after washing of hands should be emptied in the toilet.

In her closing remarks, one of the Directors of the Association, Madam Mariama Coker, re-echoed the words of the EP and encouraged all to observe the necessary personal hygiene explained to them and to adhere to the directives of the government. She also admonished them to follow the process of hand washing demonstrated to them as this will help to keep them alive and the virus at bay.

The engagements with the various sets of people was climaxed with the handing over of the veronica buckets, soap and hand washing lotions and a vote of thanks from the councillor.

Njala University Joins the Fight against the Corona Virus

By Foday Moriba Conteh

As a way of accelerating efforts to scale up fortification against the advancement of the corona virus, Authorities of Njala University have on Thursday 26th March, 2020 complemented the strides made by the Government so far.

The University through the Community Relations Office and the Njala Hospital distributed veronica buckets and also sensitized town chiefs within the Kori Chiefdom on the symptoms of the Corona Virus and the need for them to institute bye-laws to control the possible spread of the virus in their communities.

The distribution and sensitization meeting was held at the Njala University Hospital and in attendance were town chiefs from Mosongo, Mokende, Gbonjeima,Tiama and Kombelehun communities.

Community Relations Officer, Njala University, Thomas Bamie Charles intimated the chiefs that the University is responding to the clarion call by Government to scale up sensitization in communities on the epidemic.

He called on them to remain vigilant and re-activate their community task force groups and bye laws to support Government to prevent the virus just like they did during the Ebola epidemic.

Dr Mohamed Coker, Senior Medical Doctor,Njala University Hospital admonished the chiefs to sensitize their subjects to inculcate hand washing as a normal habit.

The Corona virus according to him has hugely affected developed nations with better and sophisticated medical systems. He appealed to the Chiefs to protect their communities by taking direct leadership in Government’s preparedness efforts.

The Town Chiefs assured the University that they will do all in their powers to ensure that their communities are safe and disclosed that they have instituted bye- laws and remain vigilant to support Government.

Njala University has similarly supplied veronica buckets to all the main administrative and academic buildings in the Njala and Bo Campuses with a view to heighten the minds of students and staff of the University on the need to wash their hands daily and to maintain social distancing.

The Community and Public Relations Offices of the University and the Njala Hospital are expected to hold more sensitization meetings with communities on the Corona virus.

British Court Vindicates African Minerals for acts of Violence in Sierra Leone

By Brima Sannoh

The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks through their reliance on third parties, particularly state security forces, in relation to their operations abroad. The finding in this appeal confirms the limits on the circumstances in which a company can be held liable for harms caused by such third parties.

The claims were brought by 142 individuals who alleged that they had been harmed by the Sierra Leonean Police (SLP) during two major outbreaks of unrest and violence connected to the defendants’ iron ore mine. The incidents involved beatings, shootings, robbery, sexual assault and one death. Although the acts alleged took place on Sierra Leonean soil, the English court agreed to hear the case because the actual iron ore producer (the third defendant, Tonkolili Iron Ore Limited) was previously a subsidiary of African Minerals Ltd (AML), which had its head office in London before going into administration in 2015. At first instance, the High Court found that AML and its co-defendants were not liable for the acts of the SLP. In a wide-ranging judgment, the Court of Appeal upheld the High Court’s verdict.

At trial, the claimants sought to argue that AML could be held responsible for the actions of the SLP on the basis that AML: (a) was vicariously liable for those actions; (b) should be regarded as an accessory in furtherance of a “common design” with the SLP; (c) procured the SLP to commit the tortious acts; (d) breached a duty of care in failing to prevent the SLP from committing those acts; and/or (e) breached a non-delegable duty in respect of an “extra-hazardous” activity carried out by the SLP.

All of these claims were rejected by the judge at first instance (Turner J.). In particular, he rejected the vicarious liability argument on the basis that, amongst other things, the relationship between AML and the SLP personnel was not akin to a “quasi-employment” relationship. Moreover, it made little sense to find that both AML and the SLP shared “dual vicarious liability” for the acts of the SLP’s personnel.

African Minerals criticized for failure to follow Voluntary Principles on Security and Human Rights

However, the judge did find that, had AML owed a duty of care, it would have breached that duty in at least some of the respects alleged by the claimants. In particular, the judge criticized AML for having failed to follow the “recognized minimum standards” set out in the Voluntary Principles on Security and Human Rights (VPs) to reduce the risk of human rights abuses in communities located near the mine site. Specifically, as recommended by the VPs, AML should have carried out a security and human rights risk assessment, had in place a crisis management plan, engaged more with the SLP, and taken further steps to reduce the risk of the SLP using excessive force and mistreating people.

The appeal was limited to only two of the original heads of claim in the case, namely:

  • whether the respondents were liable as accessories to the torts committed by the SLP, on the basis that they had acted in furtherance of a common tortious design with the police; and
  • whether the respondents had negligently breached a duty of care to the appellants in failing to take adequate steps to prevent the SLP from harming the appellants.

Accessory liability requires proof that the defendant acted in a way which furthered the commission of a tort by a third party, and did so in pursuance of a common design to do or secure the doing of the acts which constituted the tort (Fish & Fish v Sea Shepheard [2015] AC 1229). The appellants’ case was that the respondents were accessories to the acts of the SLP (the beatings, shootings, robbery, sexual assault and killing) pursuant to a common design to suppress protests and disruption around the mine through unlawful means.

The judge at first instance made a finding of fact that (i) AML’s employees did not instigate, direct, counsel or procure the unlawful actions of the SLP and (ii) AML’s employees did not intend that there should be any such unlawful actions. It followed that there was no common design between the defendants and the SLP that the SLP should use unlawful means to suppress the protests.

On appeal, the appellants argued that it should be inferred from the respondents’ provision of resources (money, food, transport, accommodation, etc.) to the SLP, and the fact the respondents could foresee that the SLP might use excessive force, that the respondents intended that the police suppress any protests which arose, if need be, by excessive force. This inferred and conditional intention that the SLP should use excessive force ‘if need be’ was said to be sufficient to demonstrate common design.

The Court of Appeal rejected this position. It noted the first instance judge’s findings that it was necessary for AML to provide material and financial support to the local police force in order to enable them to protect mine personnel and property. To the extent that any intention could be inferred, it was “much more likely” that the resources were intended to assist the police in keeping the peace rather than to assist them in using unlawful means to suppress protests.

Further, the fact that it was foreseeable that the SLP might use excessive force did not mean that this was the respondents’ intention. Significantly (and helpfully for companies operating in potentially dangerous locations), the court noted that it is a matter of “common sense” that someone who calls on and helps the police to uphold law and order should not be liable for their actions “simply because it is foreseeable that the police might use excessive force to achieve that result”: it is precisely in those scenarios where over-reaction is foreseeable that police assistance may be most needed.

The Court drew a distinction between common design and the situation where a party gives assistance to a wrongdoer knowing that the wrongdoer intends to commit the wrong in question. Such ‘knowing assistance’ would be sufficient to impose liability under the criminal law or in equity, but it would not be enough to make the assisting party liable in tort.

The appellants’ challenged several aspects of the High Court’s decision that AML did not owe the claimants a duty of care in relation to the actions of the SLP. Specifically, they challenged the (factual) findings: (i) that AML’s involvement in events should be characterized as ‘pure omissions’, rather than a combination of omission and positive acts; and (ii) that AML did not create a dangerous situation. Again, the Court of Appeal dismissed these aspects of the appeal.

Ordinarily, a party will not be held liable for failing to take steps to prevent criminal acts by a third party as liability will not normally be imposed solely for omissions. The appellants argued that the High Court had been wrong to treat this case as one of ‘pure omissions’. The respondents themselves had also taken actions (such as providing money, vehicles and equipment) which had caused or contributed to the SLP’s harmful conduct, according to the appellants.

The Court of Appeal and the judge below rejected this as “an attempt to build a Trojan horse” by which otherwise bare omissions could be brought within the parameters of a duty of care. They found that the underlying complaint was about an omission – the failure to prevent the appellants from being harmed by the SLP – and the fact that the respondents took some other related actions which in themselves were alleged to be breaches of a duty of care did not change the fundamental nature of the claim. Liability would not attach to omissions, unless an exception to the rule applied.

An exception to the rule arises where the defendant creates a source of danger that would not otherwise have existed. The appellants alleged that the respondents’ provision of resources to the SLP created such a source of danger.

The Court of Appeal disagreed, basing its finding on the same principle discussed above: that a defendant should not become liable for the acts of the police by dint of having called on them to perform their role and provided support for them to do so. The Court quoted with approval the High Court judge’s finding that it was the SLP who had created the danger and carried out the violence: “their over-reaction was the result of ‘fear, ill-discipline, anger and testosterone’ amongst the SLP on the ground”. The defendants had not created the danger by providing money, vehicles and accommodation; indeed, “without them, the situation might well have been worse”. Thus, the ordinary rule applied and the respondents could not be held liable for the harm that eventuated.

The appellants had argued that, if the case did not fall into the category of ‘pure omission’, then the Court could consider whether the respondents had a ‘freestanding’ duty of care. Having found that the case was one of pure omission, the Court did not need to go on to consider this issue, but did so nonetheless. It applied the so-called ‘Caparo duty of care test’ to assess whether the damage was foreseeable, there was a proximate relationship, and the imposition of the duty was fair, just and reasonable in this case. It found that the damage was foreseeable, but that the other two elements of the Caparo test had not been established.

First, there was insufficient proximity between the appellants and the respondents, since the appellants were not a clearly-identifiable class or group and most of them had no direct connection with the respondents (representatives of whom, it was noted, were largely absent from events). The fact that the respondents had provided resources to the SLP did not point to proximity between the respondents and the SLP or between the respondents and the appellants: the arrangement was one of necessity, without which the SLP might not have been present at all. Adopting the words of caution that are often used in this context, the Court was reluctant to find a duty which could result in the respondents “owing an indeterminate liability to an indeterminate class of people”.

Second, it was not fair, just or reasonable to impose a duty of care on the respondents for the criminal acts of the SLP. They had called on the SLP to protect them, had provided reasonable and proportionate assistance for them to do so and had not been involved in the unlawful acts which followed.

Moreover, contrary to the appellants’ suggestion, it was not consistent with the VPs to impose a duty of care on the respondents. The Court found that there was nothing in those principles to suggest that companies operating abroad should be made generally liable for the unlawful acts of the police in their host countries. Indeed, the Court observed, the VPs “are drafted on the basis that, whilst companies operating abroad may properly help to facilitate the law and order expected to be provided by host countries, it is the governments of those countries (and not the companies) who have “the primary responsibility to promote and protect human rights.””

The Court of Appeal noted that the judge at first instance, Turner J, had been faced with a vast amount of material on which to found his judgment. This included a 24-day trial (of which seven days were held in Freetown, Sierra Leone) featuring 67 witnesses, and written closing submissions of over 400 pages.

Although the appellants asserted that they were not challenging Turner J’s findings of fact, the Court of Appeal remarked that they “repeatedly came close to, and often crossed, the clear boundary as to what can and cannot be argued on an appeal of this sort”. The court confirmed that it would only interfere with a finding of fact where that finding is “critical” and “has no basis in the evidence, or is based on a demonstrable misunderstanding of relevant evidence, or a failure to consider such evidence”, or where the judge’s decision “cannot reasonably be explained or justified”. None of those criteria were met in this case.

This judgment helps clarify two difficult areas of the law on tortious liability for the acts of third parties.

First, it clarifies the boundaries of the law on common design. It confirms that merely relying on or providing assistance to a party that commits an intentional tort, even where the tort is foreseeable, does not mean that there was a shared intent and a common design with the tortfeasor. In this case, just asking for the assistance of police due to a difficult security situation, and providing assistance where necessary to allow the police to do their job, did not mean that the company intended or had a common design with the SLP to act illegally.

Secondly, the judgment helped clarify the law on duty of care in relation to (i) what constitutes ‘pure omissions’, (ii) what qualifies as the ‘creation of a source of danger’ and (iii) the application of the Caparo test to harm caused by third parties. It is notable that, in reaching this conclusion, the judgment took a different approach to that of the UK Supreme Court in Vedanta Resources PLC and another v Lungowe and others [2019] UKSC 20, which considered the potential liability of English parent companies in relation to the activities of (potentially foreign) subsidiaries. There, the Supreme Court confirmed that whether a parent company had assumed such a duty of care depends on the extent to which, and the way in which, the parent has in fact availed itself of the opportunity to take over, intervene in, control, supervise or advise the management of the relevant operations of the subsidiary. It referred to materials published by Vedanta in which “Vedanta might fairly be said to have asserted its own assumption of responsibility for the maintenance of proper standards of environmental control” by its subsidiaries, which, together with the implementation of those standards by training, monitoring and enforcement, suggested to the Court that it was at least arguable that a duty of care was owed.

However, the Supreme Court also commented that the liability of parent companies in relation to the activities of their subsidiaries was “…not, of itself, a distinct category of liability in common law negligence”. That comment has led to speculation that the same test for duty of care, based on factors such as level of control and statements in policies, could be applied to determine whether a duty of care was owed in relation to the activities of third parties who were not subsidiaries, including counterparties such as suppliers and potentially even security forces. However, the Court of Appeal in African Minerals did not even mention, let alone apply, the Supreme Court’s decision in Vedanta, instead relying on the separate line of case law confirming that there is generally no duty of care to prevent harm caused by third parties. This may be because the relationship between the company and the SLP was so completely different from that of Vedanta and its subsidiary that there was no basis to even try and argue that there was a similar level of control or supervision.

The African Minerals judgment will provide significant comfort to businesses with operations abroad who rely on public security forces to protect their operations. Simply requesting the assistance of such security forces, even if they have used excessive force in the past, should not in itself result in liability for the actions of those forces. Furthermore, these companies now know that a public commitment to the VPs and the adoption of measures recommended by the VPs, such as support for the training of state security forces on human rights, should also not (by themselves) amount to the assumption of a duty of care to prevent harm by those same state security forces.

However, we urge these companies not to read the African Minerals judgment as suggesting that they should publically commit to the VPs for an easy public relations win, without needing to do anything to implement them. Such ‘green-washing’ would be the wrong approach for two reasons.

First, while the English Court of Appeal declined to recognise accessory liability or impose a legal duty of care with respect to the actions of state security forces in this case, its inquiry was fact-specific in some respects. The African Minerals judgment does not entirely rule out the possibility that, on different facts, a company could share responsibility with public security forces for tortious acts: for example, if a ‘rogue’ employee was directly involved in those acts.

Secondly, even if there is no accessory liability or legal duty of care in tort with respect to the actions of state security forces, a company linked to human rights violations by security forces can still face serious legal, financial and reputational consequences. Association with human rights violations can make projects unbankable, generate disruptive hostility on the part of communities, and drive away customers, investors and business partners. As the VPs themselves emphasise, “companies have an interest in ensuring that actions taken by governments, particularly the actions of public security providers, are consistent with the protection and promotion of human rights”.

The VPs provide a toolkit for companies to develop and implement policies and practices that encourage host state security forces to provide law and order with respect for human rights. The VPs Secretariat plausibly claims that companies that implement the VPs – which call for security and human rights risk assessments, consultations and communications with security forces about human rights, and human rights training for security forces, among other things – are more likely to spot warning signs and be prepared to avoid involvement in human rights violations by security forces. They are, therefore, more likely to avoid lawsuits, which is of course the best legal position for companies and the best outcome for communities. If a lawsuit is brought, a company that can demonstrate adherence with the VPs is likely to be in a strong position to prove that it has not breached any legal duties.

The African Minerals judgment should encourage more enlightened and risk-averse companies to endorse the VPs or other corporate responsibility standards, and put into place the policies and programmes necessary to implement them in an effective way.

 

 

Don Bosco Fambul Rescues Four Legal Aid Board Clients

By Edward Vamboi

The Legal Aid Board on 26 March 2020 disclosed that four of its clients, comprising three adult women and a child mother, have benefited from the charity Don Bosco Fambul in Freetown.The women were referred to the Don Bosco by the Board following their release after benefiting from the Presidential Pardon.

The child mother who hails from Pujehun, Elizabeth gave birth at the Princess Christian Maternity Hospital (PCMH) commonly called Cottage. With no home to return to in Freetown after her discharged, she had to stay in the hospital compound until the authorities became aware of her plight and referred her to the Legal Aid Board.  The Board in turn referred her to Don Bosco as part of the partnership between the two

The three adult women received two million two hundred and thirty Leones (USD 230) to start their businesses while the child mother received resettlement packaged after she was reunited with her father who travelled from Pujehun to witness the event. This, notwithstanding, Elizabeth will continue to be in a Girl Shelter in the short term.

Speaking at the ceremony in the Conference Hall of the Don Bosco Fambul on Fort Street in Freetown, the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles applauded the partnership with Don Bosco describing it as productive.

Ms. Carlton-Hanciles said the Board has referred quite a number of child clients (vulnerable juveniles released by the court and children who are prone to committing crimes) for psychosocial support, skills training, shelter, clothing and medical. “The relationship is mutual,” she was quick to stress. “The Board in turn provides legal assistance to juvenile matters referred to it by Don Bosco.”

She also pointed out that there is a lot of pressure on the Board from the public for solution to problems which do not fall under the remit of the Board. “This is why the strength of the Board has been in the partnerships we forge with governmental and non-governmental organizations.”

She noted that Elizabeth is a serious concern to the Board because nobody knows the whereabouts of the child’s father. Also, Elizabeth is not sure who the father of the one month old child is.

In his statement, the Director of Don Bosco, Father Jorge Mario Crusafulli said nobody is bad by nature. He added that there are good men and women with big potentials in both the Male and Female Correctional Centres. He said being sent to a Correctional Centre does not in any way mean the end of one’s life as there is still life after Correctional Centre.

He said Don Bosco is providing support to children in conflict with the law to help them not to go back to crime. He added that money is given to some to start small businesses while others are provided support to go back to school. Also, rent is paid for those who cannot afford it.

Father Crusafulli added that the Bon Bosco believes in empowering their beneficiaries to become self-reliant. “When we give material things to people it will not make them become self-reliant but when we give people skills and money to do business that will dignify them,” he said. “We do not want people to depend on Don Bosco and the LAB for the rest of their lives.”   He concluded by assuring Ms. Carlton-Hanciles that they have put measures in place against the Coronavirus.

Earlier, Don Bosco’s Legal Assistant, Curtis Johnson recalled that few months back they received some referrals from the Board. He noted that those that were about to benefit from the cash to start business and resettlement package were part of those referred by the Board.

He described the partnership between the two institutions as excellent noting that lawyers from the Board have been providing legal representation to juveniles in the court. He added that Don Bosco feeds 250 inmates at the Pademba Road Correctional Center. It also provides medical to some.

In another development, the Legal Aid Board secured the release of Morray a former Crane Operator with one of the Labour companies in Cline Town on 23 March 2020 from the court. Morray was charged with Wounding with Intent and had been standing trial at High Court No. 2 at Ross Road presided over by the Honourable Justice Emmanuella Harding.

Morray had been remanded at the Pademba Road Correctional Center for thirteen months since his first court appearance at the Freetown Magistrate Court No. 2 at Ross Road.

Morray, who looks sick and pale informed the Board during pre-discharge briefing prior to his return home and mainstream society that he will not be returning home at Mammy Yoko Street to reunite with his family for mow. He revealed that he will be traveling to Lungi in the Kafu Bullom Chiefdom to seek traditional medical care.

“As you can see, I cannot afford to go to my residence on Mammy Yoko Street in Freetown,” he said. “I will call my wife to inform her about my release.” He added that his current health condition will not permit him to reunite with his wife and child.

He thanked the Board for securing his release. However, he still maintains his innocence, even though he regrets what transpired between him and his friend, Saidu Kamara which resulted in his arrest and his being charged to court.

The Executive Director of the Board, Ms. Fatmata Claire Carlton-Hanciles admonished Morray to ensure he is not held hostage by what he has gone through, instead he should stay away from crime and focus on rebuilding his life. He added that the Board has been constrained to provide legal representation to those who reoffend because there are thousands of indigent accused persons on the waiting list around the country who should be served first.

The Board, also, had on the 25 March 2020 secured bail for one Emmanuel who was charged with Robbery with Aggravation. He had been standing trial at the Freetown High Court presided over by Honourable Justice John Bosco.

Emmanuel had been remand at the Pademba Road Correctional Center since 2010.  He was granted bail based on a habeas corpus application by Legal Aid Manager, Ms. Cecilia Tucker. His case was adjourned to Wednesday 29 April 2020.

 

Under The Emergency… President Bio…Some Things Going Wrong…

Julius Maada Bio

By Amin Kef Sesay

The fear of the opposition political parties during the passing into law of the President’s State of Emergency was well-founded in a lot of respect. One; intrinsically, the invoking of the emergency implies that certain fundamental human rights have been curtailed.

It is in this regard that we the ordinary citizens want to draw the attention of His Excellency as Commander in Chief and the Inspector General of Police as the custodian of the law that we are not happy with the way certain Police Officers have constituted themselves into gangs going about in the evening harassing and attacking people going about their normal businesses, especially petty traders making their living.

We are not under a curfew. People’s right to move about freely, once they are in a lawful, orderly mode should still be guaranteed.

We firmly believe that, not in spite of the emergency, the fundamental right of us citizens to fend for ourselves, in a country where over 70 percent are unemployed or under-employed, should not be violated or treaded upon.

Another issue which is not under the direct purview of Mr. President but the SLRSA that we the ordinary citizens want addressed once and for all is the recklessness of the drivers of today – many of them suspected to be hardcore drug addicts do over speed recklessly causing unnecessary accidents.

Two such accidents due to reckless driving took place on Saturday morning at both ends of the Orugu Bridge. Investigations revealed that there a lot of vehicles that are defective but are licensed by SLRSA to ply our roads.

We believe that ,SLRSA, as the state agency responsible for protecting lives and properties on our roads, rigid vehicle examination of all vehicles to determine their road worthiness is required before both license and insurance are issued to vehicles.

Directly related to the above is the way and manner SLRSA has been registering commercial vehicles that convey passengers – namely Poda-Podas and big buses that are imported from             Europe without any windows and the air conditions not working.

Every day we are crammed into these hot stifling buses like sardines in a tin, simply because we have very little alternative, with the drivers and owners making enormous profits from our suffering.

What is very painful and frustrating is that these so-called traffic police officers and traffic wardens who we have repeatedly reported as not working for we the people but for them and their bosses who post them profit, see us suffering miserably inside these cages and have never been seen taking any action on our behalf to tell the drivers and their apprentices to reduce the number of passengers they carry and to provide their buses with ventilation or stop running them.

With regards the above, Mr. President, we the poor ordinary every day commuters were very happy and heaved heavy sighs of relief when the New Direction promised us that in addition to the buses that were inherited from the Agenda for Prosperity Government, 200 buses would be brought in to reduce our exploitation and discomfort suffered at the hands of commercial transport owners.

Another issue Mr. President not also within your direct purview but very troubling and annoying to us quite beside the daily headache and stress it causes us is the way and manner businesses and traders in this country indiscriminately price their goods and services without any regard for the poverty in the country.

What we have discovered is that all the businesses and traders buy very cheap shoddy goods and services and charge us exorbitantly for them in the belief that Sierra Leone is a free market economy. Another thing that bothers us that we believe needs addressing is that of state enterprises like EDSA, Guma, Sierratel charging us for services that they do not provide, or if they do, do so erratically.

Meanwhile Mr. President, we would like to inform you that the entire nation is very pleased with the robust proactive stance you and the New Direction Government have taken to ensure that the corona virus does not enter into our country and disgrace and impoverish us like its cousin Ebola did to us.

 

Commissions of Inquiry Indict 84 out of 127 APC Officials  

By Amin Kef Sesay

During a short but very historical ceremony held at the former Special Court facility in Freetown on the 25th March 2020 the much anticipated report of the Commissions of Inquiry (COI) into the activities of the former officials who served in the administration of Ex-President Ernest Bai Koroma was presented to President Julius Maada Bio.

The report indicted 84 out of the 127 former officials investigated, including former President Koroma himself. Also found wanting were two former Central Bank Governors, three former lawmakers and 20 former cabinet members in the Koroma administration.

The monies misappropriated runs into millions of US Dollars.

The COI was established by President Bio shortly after he assumed office, following the March/April 2018 general elections that saw the end of over 11 years of Koroma’s administration. Three Commissions, which were headed by judges from Sierra Leone, Ghana and Nigeria, looked at different MDAs.

One of the Commissions, headed by Nigerian Justice Biobele Georgewill, found that approximately Le323bn (over US$30million) and $94.3million were misappropriated and unaccounted for under the Koroma administration. These include over US$2million of funds meant to fight the 2014-2016 West African Ebola epidemic, unsecured loans from two State owned banks as well as funds from mining deals.

The Ministry of Education was found to have failed to account for the largest single amount of money by a Ministry, Department or Agency – US$95million.

The inquiry, which lasted for approximately 12 months, covered the period between November 2007 and April 2018.

Among the recommendations from the Commissioners include a ban of all those indicted from political offices for a period of five years. They are also expected to pay back all monies misappropriated or uncounted for or forfeit their properties.

President Bio said at the occasion held at the premises of the former Special Court for Sierra Leone, which served as venue for the hearings that the findings of the COI should serve as a lesson for current public officials,

“As I have maintained before, this must be the last Commission of Inquiry in our history. As a nation, we should have learned and applied the singular lesson from these Commissions – that persons who hold the public trust must serve honestly, justly, fairly, and diligently; and that as a country, we must put an end to a culture of rampant thieving, abuse, waste, and impunity. So, these Commissions should serve as a warning and a deterrent to serving officials,” he said.

The Government is expected to issue a Whitepaper which will outline its next move on the issue.

Kissy Ferry Terminal Visited by Port DGM

Deputy General Manager of the Sierra Leone Ports Authority (SLPA), Mr. Yankuba Askia Bio on his visit

By Theresa Kef Sesay

The Kissy Ferry Terminal was visited by the Deputy General Manager of the Sierra Leone Ports Authority (SLPA), Mr. Yankuba Askia Bio on Thursday 26th March.  The visit to one of the Authority’s facilities – the Kissy Ferry Terminal was to ensure the implementation of Standard Operating Procedures on COVID-19 preparedness at the Port of Freetown and other facilities.

According to Mr. Bio the visit was made to verify social media claims on an overcrowding ferry plying the Freetown-Targrin Estuary and the Ferry Terminals preparedness to prevent COVID-19 in an event of an outbreak.

The Deputy General Manager and team held discussions with the Ferry operators on awareness raising and robust additional mechanisms in line with the Authority’s SOP on COVID-19.

On the issue of  recent social media claims on overcrowding ferry plying the Freetown-Targrin Estuary, Mr. Bio said the post is not a true reflection of the current Ferry Management operations taking into consideration the current security and safety measures instituted at the Ferry Terminals by the SLPA Management.

“The Ferry Terminals are in full compliance with the International Safety & Security standards. The photograph in circulation was taken when there was only one ferry in operation at the Terminals. As of now, there are two ferries in operation including the NASSIT Ferry on standby. As such, the situation at the terminal does not in any way warrant overcrowding.”

Mr. Bio furthered that there is less traffic at the Ferry Terminals owing to the temporary measures instituted by the Government on the closure of the Lungi International Airport due to the COVID-19 and owing to these measures and less traffic at the terminals, SLPA Management, through the Ferry operators has rescheduled trips on ferries plying the Freetown-Targrin estuary and instituted preventive measures on COVID-19 at the terminals.

Rescheduled Ferry Trips are as follows:

  1. First Trip: 8: 00 am on both Sides
  2. Second Trip 2: pm on both sides
  3. Third Trip 5: 00 pm on both sides

Ferry Terminals Temporary Preventive Measures on COVID-19

  1. Thermometer test on the entry and exit point of the terminals
  2. Hand washing at the Terminals’ entry & exit points

The Management of the Sierra Leone Ports Authority reinforces its commitment to uphold safety and security to its utmost degree and in full compliance with the Government’s temporary preventive measures on COVID-19.

 

Media Regulator Appeals for Ethical Reporting on Coronavirus Pandemic

IMC Chief Commissioner, George Khoryama

By Amin Kef Sesay

In a Press Release dated 27 March 2020 the Independent Media Commission (IMC) revealed that it has been monitoring with keen interest local media coverage and reportage on the novel COVID-19 pandemic.

It furthered that while the Commission appreciates the significant roles the print and electronic media are playing in providing public education and increasing public awareness on the outbreak, its impacts and preventive measures; it is urging all media practitioners to continue to abide by international best practices and ethical standards/guideline in health and disaster reporting.

The Commission says it is now calling on all media owners to ensure the protection and welfare of their staff further urging the public to adhere to the correct messages from the World Health Organization (WHO), the Ministry of Health and Sanitation (MoHS), and the Ministry of Information and Communications (MIC).

Chairman of the IMC, George S. Khoryama, said they are therefore calling on all to stop sharing fake, inaccurate or distorted information and rumours about the pandemic, to avoid spreading fear/panic.

 

Sierra Leone Closes Land Borders in the face of Coronavirus Onslaught

President Julius Maada Bio

By Amin Kef Sesay

Virus-free Sierra Leone on Friday announced closure of its borders for a 30-day period barely days after President Julius Maada Bio announced a state of public health emergency. The President, on the 27 March 2020 at State House announced that Sierra Leone will close its land borders except for essential commodities as part of Government’s efforts to fight the Coronavirus.

The border closure came in the wake of same action taken by neighbours Guinea and Liberia. President Bio also directed the military to immediately deploy to the country’s international airport and land crossing points in order to enhance security and support compliance with all public health directives advisories. For now all learning institutions & entertainment centers have been closed for 14 days, as have churches & mosques. All cultural events have been prohibited.

Addressing Islamic Leaders, who had come to pray Jumaat with him on the 27th March 2020 at State House, the President thanked clergymen across the country for adhering to the Government advisory and encouraged everyone to continue complying with all measures announced by the Government. He urged citizens to strongly avoid physical contact and practice social distancing at all social and public gatherings.

He also thanked Members of Parliament from all political parties who had voted unanimously to support the State of Emergency, adding that the emergency was not a lockdown or not political but was meant to put in place regulations and measures to prevent, protect, and curtail the spread of the disease in the country and urged citizens to unite and protect the country from the virus.

President for the Interreligious Council, Sheikh Abu Bakar Conteh, who presided over the event, said that as religious leaders they were meeting to pray against Coronavirus entering the country. He said that the actions taken so far by the Government were in line with the Islamic faith, adding that they were in support of isolation and the avoidance of public gathering.

He said that Islam is a religion of compliance and obedience and therefore urged their followers to comply with the measures taken by the Government for the general good of the nation. He also encouraged other citizens to continue praying for the country.

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