Monrovia – The Senate Thursday, June 21, debated amendments to Articles 45, 46 and 48 of the Liberian Constitution in a draft Act submitted by Cllr. Senator Varney Sherman (UP- Grand Cape Mount County). Sen. Sherman wants accommodation for presidential and vice presidential candidates, who take second place in a given presidential and general elections.
Report by Henry Karmo, [email protected]
The Act, for the first time it is being debated, received mixed reactions from individual senators. To some, the Act is a good law that would reduce the amount of tension after every election process especially between the winner and the second runner-up.
Some senators see the Act as a document that could create confusion. According to them, to have a senator that has no specific county as his constituency will mean making a senator that would rival power with a seated president.
Maryland County Senator Gble-bo Brown’s view on the proposal is that the law would undermine the security of the state.
“Let us be careful as senators; every law that we pass must not undermine the security and stability of the state. Let’s understand the implications,” Sen. Brown cautioned his colleagues.
Contrary to the Maryland County lawmaker’s view, Senator Armah Jallah of Gbapolu County believes think that when the bill is passed into law, it would be a master piece that would be copied by other nations in an attempt to reduce post-elections violence.
“Not because others are not practicing it so we cannot do it, too. We could be the first and people could copy from us,” Senator Jallah stated.
In the wisdom of the Senate’s Judiciary Committee, the justification submitted by Sen. Cllr. Sherman for his proposal to amend Articles 45, 46 and 48 of the constitution are sound; especially as such amendments would enhance, facilitate and ensure inclusion of persons to be included in political processes of the nation.
Part of the committee’s report states that the draft clauses of the law as presented by the Grand Cape Mount County Senator properly and accurately captures the narrative and justification of the proposed amendments of Articles 45, 46 and 48 of the Constitution and that said, draft clauses of the law be adopted and voted upon by the Liberian Senate and sent over to the House of Representatives for its concurrence and therefore await the constitutional period of one year to expire before submission for referendum by the Liberia people.
Amendment of Article 45 of the Constitution
Article 45 of the Constitution shall be amended to read, as follow: “The Senate shall be composed of two categories of Senators: the first category of senators shall be two for each county elected by the registered voters in each county and the second category shall be a senator, who was a candidate for President in a General Presidential Election and took second place in that election as if he/she had been elected President.
The draft law also calls for senator elected by the registered voters in a county to be a senator from that county and a senator who was a candidate for President in a presidential election and came second shall Ipso facto (by that very fact or act : as an inevitable result) be a senator of the Republic.
In the draft law, a Senator for the county may be re-elected as Senator for the country; a Senator for the Republic may be elected as senator or legislator from the country in a subsequent election. A senator from the county shall also be elected in a by-election to fill a vacancy created by death, resignation, expulsion or otherwise but a senator for the Republic shall not be elected in a by-election to fill a vacancy created by death, resignation, expulsion or otherwise of a previous Senator for the Republic.
Amendment of Article 46
In the draft act a senator elected for a county by the registered voters of that county shall serve for term of seven years. A senator for the Republic shall serve for the term of five years the same term that he/she would have served had he/she been elected President.
Amendment of Article 48
In the amendment the House of Representatives shall be composed of two categories of Legislators: the first category of legislators shall be elected by the registered voters in each legislative constituency of the counties and the second category shall be a legislator, who was a candidate for Vice President in a general presidential election and took second place in that election.