PHOTO: Chief Justice Francis Korkpor and Speaker Bohfal Chambers
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Court Judges in Liberia are not relenting in their efforts to overturned the CDC government’s decision to slice the salaries of members of the Judicial branch of government under the recently effected salary harmonization scheme.
The Sixth Judicial Civil Law Court “A’ here presided over by Judge J. Kennedy Peabody on Tuesday, November 9, 2021, issued a writ of summon on the National Legislature in the judges salaries harmonization petition for Declaratory Judgement.
It also granted a motion for joinder filed by lawyer representing Liberian Judges and magistrates, Cllr. Johnny Momo in a petition for declaratory Judgement involving judges’ salaries harmonization.
The salary harmonization exercise has affected the three branches of government—Legislature, Executive and Judiciary. But some members of the Judiciary say that officials of the Executive and Legislative branches still get huge salaries and benefits than Judges, who are restricted from engaging in business activities and have to only rely on their monthly income.
But the main reason for the Speaker’s rare visit at the Temple of Justice late this week is not known.
Before the salary harmonization took effect in 2020, they say Judges made five thousand US dollars monthly, but after the cut, they now only receive three thousand US dollars a month.
For the Magistrates, their exact monthly pay is not known by this Reporter, because one of them said it varies. For example, it is learned that before the harmonization, Magistrate from the Judicial Institute class one used to get six hundred and fifty US dollars a month, but after the exercise, they are now getting about 530 US dollars.
There are also non Judicial Institute graduates serving as Magistrates across the country.
The judges through their lawyer filed motion for the House of representatives through its speaker and Senate pro tempore to be a part of the declaration judgement petition filed on August 31, 2021, after their salaries was slashed through government harmonization process.
During the hearing of the motion for joinder, Liberia’s Solicitor General, Cllr. Sayma Syrenius Cephas said that it is a matter of law when a motion is is file as in keeping with Section 10.7 of the Civil procedure law, same can be granted by the court without any delay.
Section 10.7 of the Civil Procedure Law provides for a party to provide oral explanations and written explanations to the court;
Cllr. Cephas added that the basis for the motion for joiner of party is that, if there is a separate party who interest in the the contested subject matter will impact the outcome of the judgement; is than that the motion for joiner of party is necessary and that is to say the separate party should be brought under the jurisdiction of said court.
In the instant case, the party to be joined is the subject of the Republic and the Republic having been sued, respondent says, why it intended to challenge the motion, he however agreed that surplus does not deviates and respondent (Cephas) agreed that the motion be granted.
The Court ruled that on the 31st day of August, 2021, movant/ petitioner filed a petition for Declaratory Judgement against the Executive Branch of Government. Subsequently, on the 19th day of October 2021, movant/ petitioner filed a motion for joinder of party, request I this court to join the Liberia Legislature as party defendant.
According to the ruling into the motion, at the call of the case for today’s sitting, the respondent, the Executive Branch of Government thru the Ministry of Justice conceded to the movant’s motion for joinder of party.
The Minister of Justice or the Executive Branch of Government having conceded to the legal soundness of the averments of the motion to join the Liberia Legislature; said motion to join is hereby granted.
The Liberia Legislature represented by and thru the speaker of the House of Representatives and the President Pro-Tempore are hereby made party defendant in the petition for Declaratory Judgement.