1. The PR system was introduced through a Statutory Instrument because of the situation at the time in 2001. No updated census data to define constituencies; there were areas that where not easily reachable because of the security situation; and political parties were not properly organised after the suspension of the Constitution during the NPRC regime until it was brought back by Tejan Kabbah in 1996.
2. A Statutory Instrument is a Secondary Legislation as an extension of the primary legislation which is the Constitution. It does not negate the original clause in the Constitution under section 38 that talks about constituencies and a single representation based on simple majority. Furthermore, it should in no way contradict the dictates of the original clause in the primary legislation
3. Statutory Instruments must be accompanied by Explanatory Notes explaining the reason for its introduction and the conditions under which it should apply. That was a serious omission at the time and the fact that it is still in our law books does not make it supreme over the entrenched clause in Section 38 of the Constitution
4. It is still the requirement that a choice can be made between one member per constituency and the PR system based on the District Block system.
5. If indeed the President can proclaim that after consultation with the ECSL Commissioner it is prudent to use the PR System, then that Proclamation should be through a public announcement explaining why he chose that option and then brought before Parliament through a new Statutory Instrument for approval.
6. During the debate on this same issue at the time of the proposed amendment to the elections Act. It was unanimously agreed by all sides of the political divide that there should be public education and sensitisation so that the electors will have a proper understanding of how they were going to choose their Ward Councillors; Members of Parliament and the President.
In conclusion, the President can make any proclamation and/ or Executive Order as per the powers granted under the Constitution but there are limitations to the application of such especially if it has implications for several entrenched clauses in the Constitution. What is urgently needed is an interpretation of these powers by the Supreme Court in terms of the supremacy of Clause 38 in the original 1991 Constitution and the Statutory Instrument that introduced the PR system using the District Block Voting System in 2001.
