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“We Are Yet to Defeat Plastic Bag War”: Judge Smith Wants Strong Enforcement Of Sanitation Laws

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Calls On Government To Prosecute Violators 

PHOTO: George W. Smith

FISHTOWN, RVER GEE, Liberia- A Circuit Court Judge has spotlighted the serious need to address the plastic pollution and the poor sanitation situation around the country, as Garmah Never Lomo reports.

The 15th Judicial Circuit Court in River Gee County Judge George W. Smith raised the issue in his charge delivered during the opening the May 2024 A.D. term of court on May 13,2024.

He said Liberia has defeated two viruses–Ebola and COVID-19– but this country is yet to defeat plastic war in Liberia.

Judge Smith said the fight against plastic pollution and poor sanitation requires patriotism.

“Since we have had our perilous days, particularly during the 14-year civil war, followed by the wars EBOLA and COVIC-19, respectively, waged on us. We defeated the EBOLA and COVID-19 wars.

There’s a 3rd war we are yet to defeat – the littering of plastic bags and other dirt in our environment.”

Judge Smith added: “During the May 2023 Term of Court at the 8th Judicial Circuit of Nimba County, I mentioned this 3rd war in my charge. Consistent with the Government’s ARREST (Agriculture, Roads, Rule of Law, Education, Sanitation, and Tourism) Agenda regarding sanitation, I hereby adopt my May 2023 Judge’s Charge as follows:

“When EBOLA and COVID-19 invaded this Country and waged wars on us, we showed patriotism, honor and duty to our Country and therefore we won those wars” but unfortunately, we are yet to defeat one war that is continuously being waged on us – a war that continues to affect our health and even sometimes takes our lives, destroys properties, besmears and degrades the environmental beauty of our beloved Country River Gee County,” Judge Smith maintained.

He said that the war of the two viruses was a war easier to combat and defeat than EBOLA and COVID-19, is the war of littering of plastic bags and other dirt in the streets, drains, gutters, and other public and private places.

“Our Public Health Law, the Environment Sanitation provisions thereof, and the City Ordinances prohibit the disposal of plastic bags and dirt in the streets, gutters, drains and all public and 1 private places. Violation of this law and the City Ordinances is punishable by fines up to imprisonment term the RiverGee County Judge noted.

“The National Legislature has set the stage by providing their contingent of soldiers, through direct and dedicated (City Ordinances) legislations to battle against the war plastic bags and dirt have waged on us. The Executive and Judiciary must provide their combatants by prosecuting and punishing those who violate our Environment Sanitation Law and City Ordinances.

“Generally, the courts do not go outside looking for cases to judge. It is therefore the Executive that must prosecute violators in court. Though the courts do not look for cases to decide, however, since this war is against all including members of the Judiciary, the courts have direct stake in this deadly war.”

Therefore, the Supreme Court of Liberia has availed a continent of soldiers, our magistrates, on the war front to fight the war against the littering of plastic bags and dirt in our environment.  

Accordingly, pursuant to the authority and power granted to the Honorable Supreme Court of Liberia by Article 75 of our Constitution to promulgate rules of courts, the Supreme Court has mandated in Rule 6, Rules and Regulations for the Governance of the Magistrate and Traffic Courts, as follows: ‘Any Justice of the Peace or Magistrate exercising functions within the limits of cities, towns, and commonwealth districts are vested with jurisdiction over cases, arising under the Sanitary Act of December 19, 1930, as amended, and the City Ordinances.  

According to Judge Smith, Justice of the Peace or Magistrate shall set aside Monday in every week for the trial of all cases arising out of the Sanitary Act and City Ordinances issued from time to time. Such trials shall be summary and judgments shall be rendered and enforced without delay.’ “I therefore charge the local and municipal governments and law enforcement departments to cause the arrest and prosecution in the magistrate courts violators of our Environmental Sanitation Law and City Ordinances. 

Judge Smith then disclosed that Magistrates are charged to ‘set aside Mondays of every week for the trials of all cases arising out of the Sanitary Act and City Ordinances issued from time to time…’

“In order for us to prevail in this war, as we did during the EBOLA and COVID-19 wars, the National Government – the Legislature and Executive – must provide the funding and logistics to battle this dangerous war, the littering of plastic bags and dirt in the streets, gutters, drains, public and private places,” Judge Smith recommended.

Meanwhile, the 15th Judicial Circuit Court Judge has said it is high time that city mayors of Liberia travel abroad to seek technical and logistical assistance from their foreign counterparts, donors and friends of Liberia to fight against this deadly war.

“It is the civic duty and obligation of all citizens and those residing in Liberia to combat the war of littering of plastic bags and dirt in our Country,” Judge Smith concluded.

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