-But CBL, GAC, NEC remain untouched
By Mark N. Mengonfia mmenginfia@gmail.com
All eyes are now on the Liberian Senate to which whether “House of elders” will concur with Thursday’s decision by the House of Representatives to scrap all tenured positions, except for the Central Bank of Liberia (CBL), General Auditing Commission (GAC) and the National Elections Commission (NEC).
Members of the House acted on a Bill recently sent to the Legislature by President George Weah requesting the withdrawal of tenure positions for a number of government entities and integrity institutions including the Liberia Anti Corruption Commission (LACC), the Governance Commission and the Liberia Revenue Authority (LRA).
The Liberian leader has been publicly criticized by some Liberians for wanting to end tenure position, as some believe that having certain integrity institutions in the Executive branch of government being run by officials with fixed tenure would reduce the “excessive powers” of the Liberian presidency.
The Capitol Building, seat of the Legislature
The tenure positions were enacted into law during the administration of former President Ellen Johnson Sirleaf.
The House plenary acted upon a report from its committee on Judiciary and Good Governance, which were mandated by the House of Representatives.
President Weah recently communicated with members of the House of Representatives requesting them to revoke the constitutional covering on all tenure positions within the executive branch of the Liberian government.
The two legislative committees indicted that when the mandate was given them by the plenary of the House of Representatives, they researched and found out that until recently the CBL was one of the few institutions whose officials were appointed by the Executive Branch and were given tenure by Act of the Legislative Branch.
They indicated that there is no much legislative history or constitutional juris prudence that informs them on the appropriate manner in which to deal with tenure scheme.
When the report from the Committee was read, a motion was raised by Sinoe County District #3 Representative, Matthew Zarzar calling for the instrument to be debated in full plenary so as to reach a decision.
During deliberations on the matter, House of Representative’s Judiciary Committee Co-Chair Cllr. A. Kanie Wesso said that the issue of tenure position is intended to protect some officials.
He went on to say that it was important for the plenary to have voted to remove all of the covering on tenure positions in Executive.
Twenty lawmakers voted for the passage of the committee’s recommendations while 10 lawmakers voted against the passage of the instrument.
Some of the lawmakers who voted against the instrument said that Liberia has an imperial presidency and removing the constitutional covering on tenure positions was empowering the president more.
Representative Ben Fofana of Margibi County, a member of the Opposition Unity Party said removing those protections will only give more power to the already imperial president.
He tried to convince his colleagues not to vote for such law.
Another lawmaker who expressed her opposition is Lofa County District #4 lawmaker, Mariamu B. Fofana. In her well-articulated view, Rep. Fofana said that some of those tenure positions were provided for based on international recommendation and standards.
She told her colleagues that for the best international practice, it is important for some institutions to not have executive total control; the view that was countered by some members of that august body.
The House of Representative action if concur with by the Liberian Senate will mean that the Liberia Revenue Authority, Liberia Anti-Corruption Commission, Public Procurement & Concession Commission, National Social Security and Welfare Corporation, National Lottery Authority, Liberia Telecommunication Authority (LTA), among others, the president will at any time employ anyone in those positions once he is dissatisfy with the official in question.
Political pundits are of the opinion that the Liberian leader wants to have total control all the three branches of the Liberian government and that he has gotten weary of the constant dissatisfaction among Liberians about the issue of tenure passion and wants to put total stop to it by revoking the covering placed on tenure passions in the governing of the Liberian state.
The final decision is now with the Liberian senate to allow it pass through with a lighting speed or do due diligence to the instrument before making decision.