-As President Weah attends Supreme Court opening on Monday
By Garmah Never Lomo,garmahlomo@gmail.com
The Chief Justice of the Supreme Court of Liberia Francis S. Korkpor Sr. says cutting the salaries of Judges in Liberia is illegal under Article 72 (a) of the 1986 constitution.
Liberia’s Chief Justice made the asserting in his opening address during the October term of Court at the Temple of Justice in Monrovia on Monday 14 October A. D 2019.
The statement by the head of the nation’s highest court comes amidst the ongoing salaries harmonization program being undertaken by the CDC government as part of an austerity measure to slice huge salaries of top officials.
Chief Justice Korkpor quoted Article 72(a) of the constitution as saying that “the Justices of the Supreme Court and all other Judges shall receive such salaries, allowances and benefits as shall be established by law.”
Such salaries shall be subject to taxes as defined by law, provided that they shall not otherwise be diminished of subordinate courts may be increased but may not be diminished except under a national program enacted by the Legislature; nor shall such allowances and benefits be subject to taxation.
The Chief Justice disclosed that Judicial Canon number six states that a Judge is a government paid official and must be paid adequately; he holds an exalted position which prevents him from engaging in any business pursuit.
He therefore said Judges must be provided with the necessities of life and with every means by which he will be able to perform his judicial duties effectively, efficiently and speedily. Justice Korkpor also said that Judges must be encouraged and given the incentive to live a decent and dignified life that would prevent financial and domestic worries and enable him to repel temptation which is susceptible to human life.
Speaking at the opening of the court attended by President George Manneh Weah, Chief Justice Korkpor added that as priest of Justice, a Judge should not be given the cause to be corrupted in the performance of his judicial duties; so as to be justified for any disciplinary action taken again him if found deficient in those qualities.
“However, in light of the foregoing, we advise and urge that any process of harmonizing or standardizing salaries of government officials and senior civil servants take into consideration requisite provisions of the law especially when applying to the Judiciary in order to ensure justice and equity,” the Liberian Chief Justice pleaded.
The head of the Judiciary said they are prepared to work with and engage the requisite government functionaries to provide necessary inputs for proper application of the Act to the Judiciary.
Chief Justice Korkpor explained that during the March 2019 term of court, the Supreme Court heard the total of thirty-five(35) cases and delivered opinions and Judgements in twenty-nine(29)cases adding that priority will be given to the remaining six cases and they are among the advanced opinions for this October term.
While specialized courts and magistrate courts are also preforming similar duties and record show that from the last two quarters, there were one thousand twenty-three cases on the dockets of the Circuit courts of the Criminal division and out of this number, three hundred sixty (360) cases were disposed of; nine cases were forwarded on appeal to the Supreme Court and six hundred and six hundred and fifty-four (654) cases are pending.
In the Circuit courts of the Civil division, there were six hundred eighty-nine(689) on the dockets for the last two quarters; four hundred thirty-nine (439)cases were disposed of, one case forwarded on appeal to the Supreme Court, while, two hundred fifty-one 251 cases are pending.
For his part, the Minister of Justice and Attorney General of Republic Frank Musa Dean said government recognizes that ensuring equal access to justice required a justice system that works to the benefit of all including women, the poor and the most marginalized in our society.
Minister Dean added that the root causes of conflict are associated with the absence of Justice indicating that to end fragility and ensure sustainable peace, party litigants before our courts must be treated equally.
Liberia’s Attorney General then said they must assure all within the borders, not only by their pronouncement, but also by their actions, that their investments and property rights are protected and prolonged and unnecessary delays in the disposition of cases must be discontinued.
The Minister of Justice in responding to the Chief Justice opening address said, they join the Chief Justice in cautioning citizens against violence and taking the laws in their own hands.
He further added that some have murdered their fellow citizens suspected of practicing witch craft and have witnessed several demonstration and blocking of public highways to make demands on government.
Meanwhile, the President of Liberia National Bar Association Tiawon S. Gongloe with fairness and equity in the application of the legislation for the harmonization of salaries known as and referred to as An Act to establish the National Remuneration of standardization of 2019.
Cllr Gongloe stated that in their view, this is an administrative matter that should be taken up at the highest level of governance as a coordinate branch of government.
However, as this matter has now been introduced for public consideration, a full knowledge of the salaries, allowances and benefits of Chief Justice, the President, Vice president, the Speaker, president Pro tempore, justice, minister and Judges among other senior government officials will be helpful for the LNBA’s participation in the emerging public disclosure on the issue raised by the Chief Justice.
It is based on such vital information that the issue of disparities between the salaries, allowances and benefits of senior government officials of other two branches of government and those of the Judiciary can be fully discussed and resolved because they are aware that Article 72 of the constitution of Liberia provides for a reduction in the allowances and benefits of justices and judges and not their salaries.
LNBA president expressed that the same article of the constitution also provides that the allowances and benefits of Justices and judges should not be subject to taxation.
Cllr.Gongloe further said that in any where it is determined that the act reduces the salaries of the Chief Justice or subjects to their allowances and benefits to taxation adding that the Supreme Court has the remedy as it has done in other matters through a “Sua Sponte” consideration of the constitutionality of the act.
The current issue of fairness in the implementation of the law on salary harmonization is being considered and they call for maintenance of zero tolerance of corruption in the Judiciary under all circumstances, the President of the Bar Association said.