The Sierra Leone Electricity and Water Regulatory Commission (SLEWRC ) has successfully concluded its public consultations on the proposed review of the SLEWRC Act 2011, to solicit input from key stakeholders, industry experts and community members about a potential repeal and replacement of the SLEWRC Act of 2011.
On Monday, 2nd September, 2024 a pivotal stakeholder consultation gathering was held at the SALWACO Conference Hall in Tower Hill, Freetown, focusing specifically on the water sectors.
Dr. Emmanuel Mannah, Director General of the SLEWRC emphasized the necessity of a thorough review of its current Act.
He stressed that rather than reviewing certain provisions of the existing legislation, a complete repeal and replacement would be a more robust solution to address the evolving challenges within the water sector.
The Legal consultant, Alfred Paul Juwah Esq, during his presentation provided insights into the limitations of the existing SLEWRC Act No. 13 of 2011, stressing that the outdated Act impedes on the commission’s ability to operate effectively and efficiently in regulating water and electricity respectively.
He reiterated the importance of clearly defining the commission’s role to prioritize the delivery of high-quality of electricity and water services to the citizens of Sierra Leone.
The legal luminary revealed concerns about the terms of board members, suggesting that the new legislation should clarify whether Commissioners are to serve on a part-time or full- time basis and specify the nature of their terms.
He further recommended that the review Act should retain the current provisions regarding the appointment of the Director General, and introduced a new role for a Deputy Director-General to assist in the commission’s operations.
These recommendations emerged following the discussions initiated by a Judicial Review Committee meeting held on March 16, 2023, which aimed to strengthen the SLEWRC’s oversight capacities over public utilities, including the Guma Valley Water Company.
As it stands, the existing Act mandates that the chairman and other commission members, with the exception of the Director-General, serve three-year terms with the possibility of one term reappointment.
Mr. Paul Juwah Esq further proposed for an expansion of the Act’s language to more explicitly delineate regulatory duties and suggested the inclusion of a legal professional appointed by the President to the SLEWRC board.
Hon. Musa Lahai, the chairperson of the Committee on Water Resources, encouraged the SLEWRC to advance the draft legislation to the parliamentary committee for additional insights and contributions. This collaborative approach aims to foster a more effective regulatory environment that can adapt to the dynamic needs of Sierra Leone’s electricity and water sectors.
Thus, the stakeholder consultation meeting focused on the regulatory framework and market entry for the water and energy sectors, underscoring the need to address competition issues and enhance complaint resolution by transforming communities into a tribunal. Key discussions include establishing a tribunal with quasi-judicial powers, clarifying licensing provisions, and the potential for private sector participation in water provision.
Considerations were made regarding tariff harmonization between different water producers, operational costs, and environmental protection enforcement mechanisms. The meeting also emphasized the importance of collaboration between the SLEWRC and other agencies, as well as the need for a balanced approach towards private and public sector roles in the water sector.
Participants also made comments as to certain provisions for amendments to the Act, highlighting the reservations of the Guma Valley Water Company and the necessities for clear qualifications for key positions. Action items were established to address private sector participation, review tariff discrepancies, and incorporate stakeholder input into the draft Act, all aiming to facilitate effective regulation and oversight.