The Independence Constitution of 1961: features

At independence in 1961, Sierra Leone did not write a new constitution from scratch. Its Independence Constitution, agreed at Lancaster House, was modelled closely on the British Westminster system: a monarch as head of state, a Prime Minister and Cabinet answerable to Parliament, and judges whose final court of appeal sat in London. This lesson explains the main features of the 1961 Constitution.

Learning objectives

By the end of this lesson you should be able to:

• explain how the 1961 Constitution came into being
• describe the structure of government under the 1961 Constitution
• state its main features
• explain the role of the Governor-General and the Prime Minister

Background

The 1961 Constitution was agreed at the Lancaster House conference in 1960 and brought into force by a British Order in Council. It came into effect on 27 April 1961, when Sierra Leone became an independent state and a member of the Commonwealth.

Structure of government

Figure 1. Independence Constitution, 1961. WASSCE Tutor diagram.

Features of the 1961 Constitution

1. Parliamentary (Westminster) system of government.
2. Head of state: the British monarch (Queen Elizabeth II), represented in Sierra Leone by a Governor-General with mainly ceremonial powers.
3. Head of government: the Prime Minister, leader of the majority party in Parliament, appointed by the Governor-General.
4. Cabinet of ministers drawn from Parliament and collectively responsible to it.
5. Unicameral legislature: the House of Representatives, made up of elected members and Paramount Chief members (one from each district), with a Speaker.
6. Fusion of powers: ministers were members of Parliament.
7. Multi-party system, with an official opposition.
8. Fundamental human rights protected in the constitution.
9. Independent judiciary: a Supreme Court and a Court of Appeal, with final appeals to the Judicial Committee of the Privy Council in London.
10. Public Service Commission and Judicial Service Commission to keep appointments free from politics.
11. An Electoral Commission to conduct elections.
12. Entrenched clauses protected by a special amendment procedure.
13. Recognition of chieftaincy and customary law.
14. Citizenship provisions for the new state.

The Governor-General and the Prime Minister

The first Governor-General was Sir Maurice Dorman, and the first Prime Minister was Sir Milton Margai.

Key points

• The 1961 Constitution was agreed at Lancaster House (1960) and took effect on 27 April 1961.
• Westminster model: the British monarch as head of state through a Governor-General; the Prime Minister and Cabinet responsible to Parliament.
• House of Representatives: elected members plus Paramount Chief members.
• Multi-party, fundamental rights, independent judiciary with final appeal to the Privy Council.
• First Governor-General Sir Maurice Dorman; first Prime Minister Sir Milton Margai.

WASSCE examination focus

Quick check

1. Who was head of state under the 1961 Constitution?
2. What was the final court of appeal under the 1961 Constitution?
3. Name the first Prime Minister and the first Governor-General of independent Sierra Leone.
4. State three features of the 1961 Constitution.

Answers:

1. The British monarch (Queen Elizabeth II), represented by the Governor-General.
2. The Judicial Committee of the Privy Council in London.
3. Sir Milton Margai (Prime Minister) and Sir Maurice Dorman (Governor-General).
4. Any three: parliamentary system; British monarch as head of state through a Governor-General; Prime Minister and Cabinet responsible to Parliament; House of Representatives with Paramount Chief members; multi-party system; fundamental rights; independent judiciary with Privy Council appeals; Public Service Commission; Electoral Commission; entrenched clauses; recognition of chieftaincy.