Monrovia – As the debate lingers over the fate of several tenured officials recently given an ultimatum by President George Manneh Weah, political observers fear far-reaching implications and political risks could evolve amid legal complications and unnecessary financial burden.
Legal experts say, the President’s decision could also signal a potential breach of the laws and contracts passed by his predecessors that he disagrees with which could lead to uncertainty in dealing with the government and increase the country’s political risk, discouraging investors and development partners from doing business with Liberia. No investor would like the legislature to approve of an investment package, signed by a President and a new President reverses it.
A government should not create doubts in the minds of investors.
One legal expert averred: “If the President disagrees with the laws, he can correct them in lawful ways by amending them or challenging them before the Supreme Court. But to just set them aside thru his own actions may be illegal. President Weah cannot create political risk this early in his government.”
If these tenure acts are amended, they will not affect the current government officials that are occupying these positions if there tenured have not expired because the law should not be retroactive.
Earlier this month, a Presidential directive ordered officials of government occupying tenured positions to submit to the Office of the Minister of State for Presidential Affairs their letters of appointment and Certificate of commissioning on or before February 9, 2018.
To date, it is unclear which officials have submitted and those who have not.
The directive is said to have put the heads of the Central Bank of Liberia (CBL), the National Social Security and Welfare Corporation (NASSCORP), the Liberia Maritime Authority (LMA) and the Liberia Revenue Authority in limbo amid issues regarding the legality of the recent directive.
Long before the Weah-led government came to office, the opposition Liberty Party took exception to a decision by Sirleaf to appointment tenured positions during the latter days of her presidency.
“Clearly and obviously, the nation is in transition as the Sirleaf Administration has only three months of active duty and six months before official handover to the next administration,” the party said.
Liberty Party said at the time that it would have been better for the President to rely on the strength of her 12-year work as President to seal her legacy rather than last minute appointments of officials who survive her. “We do not believe that the constitution intended for the legislature to create so many tenured positions, but even more so, the President should act in good faith, and avoid so many last-minute tenure appointments.”
The party then called on Sirleaf to refrain from making such appointments, and we call on the Senate not to confirm any appointments to a tenured position. We must begin a culture of Presidential courtesy during transitions and call on President Sirleaf to take the first step, as we together strive to develop democracy in our country.
Despite the criticisms, Article 54 of the Liberian constitution gives the President the powers to appoint at will and pleasure. This includes “all cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls, superintendents of counties and other government officials, both military and civilian.”
However, Chapter X (Autonomous Public Commissions) Article 89 states: “The following Autonomous Public Commissions are hereby established: A Civil Service Commission; B Elections Commission; and C General Auditing Commission. The Legislature shall enact laws for the governance of these Commissions and create other agencies as may be necessary for the effective operation of Government.”
Some legal experts state that this section of the constitution gives the legislators the constitutional right to enact laws or acts that created the tenure government poisons.
In contrast, some CDC partisans have been arguing that the tenure jobs created by Act of the legislature and signed into law by President Sirleaf are illegal because those acts creating the tenure positions violate Article 54 of the constitution.
Amid concerns from the heads of the LRA, the CBL, LMA and NASSCORP regarding the Presidential directive, the issue of commissioning is also said to be a matter of concern.
Both NASSCORP boss Dewitt Von Balmoos and Central Bank of Liberia boss, Dr. Milton Weeks appear to have been commissioned by former President Sirleaf. Weeks was inducted in May 2016 following Dr. Mills Jones’s completion of two terms as Executive Governor of the Bank.
Section 10 of the Act creating the CBL, “The management of the Central Bank of Liberia shall be conducted by an Executive Governor who shall be Chairman of the Board of Governors of the Central Bank, and a Deputy Governor who shall serve as the principal assistant to the Executive Governor.
The Executive Governor and the Deputy Governor shall be appointed by the President for a term of five years each from among individuals of standing or experience in financial and economic matters, subject to confirmation by the Liberian Senate, on such terms and conditions as may be specified by the Board of Governors. The Executive Governor and the Deputy Governor shall be eligible for reappointment once.”
One former Liberian government official who also worked for the World Bank said, “Giving my national and international Monetary and Fiscal policy experiences over forty years, it is not a good government policy to politicize your monetary system or allow some politicians to influence monetary policy.
International Financial Institution may not be happy with it and this could have a negative effect on the monetary system or economy. It is too early for this government to experience negative economic problem then its current economic condition.
Dr. James Kollie, head of the Liberia Maritime Authority took over the LMA in September 2016, replacing Mr. Binyah C. Kesselly who served as Commissioner of the Bureau of Maritime Affairs from 2008 and oversaw its transition to the Liberia Maritime Authority in 2010. Mr. Kesselly, in March 2016 asked the President to not renew his tenure in order to enable him pursues other personal career objectives. His request was granted and Atty. Charles A. Gono was appointed through a resolution by the Board of Directors to serve as Officer-in-Charge until the appointment of a new Commissioner/CEO.
Section 7 of the Act creating the LMA regarding Tenure of the Commissioner and Deputy Commissioners states: “The Commissioner of the Maritime Authority and the Deputy Commissioners of the Maritime Authority shall have tenures of Five years in order to ensure and preserve consistency in the leadership, maintain continuity of purpose, increase the capacity in the industry, and preserve the national and internal relevance and very competitive nature of the maritime program. The tenure of the Commissioner and the Deputy Commissioners shall be renewable for only one additional four-year period upon recommendation of the Board to the President of approval. No further renewal shall be permitted or allowed beyond nine years.”
Elfreda Stewart Tamba was appointed in March 2014 as head of the government agency responsible for collecting national revenues. Under the Act creating the LRA, the commissioner general and deputies shall hold office for a term of four years, which may be renewed as follows: “Commissioner General for one additional term of three years, deputies for additional term of four years.”
The Act clearly states that “Under no condition shall the Commissioner General or Deputies serve for more than two terms. All appointments shall be made in accordance with Article five of the Constitution of the Republic of Liberia.”
For the foreseeable future, many see a collision point over the issue of tenure. While some argue that there are too many tenure posts for such a small country, some constitutional scholars say, only constitutionally created offices like Judges, the General Auditing Commission, the National Elections Commission and the Civil Services Commission, should be tenure, not those created by a President and legislature, arguing that the tenure position are aimed at protecting “incompetence, illegality, and corruption.” Others argue that the tenures are necessary to maintain stability key to the survivability of the country.
Others are not so sympathetic, taking a page from the United States of America where President Donald Trump took matters into his own hands by firing FBI Director James B. Comey, despite Comey have a ten-year tenure, saying that the dramatic move was necessary to allow a “new beginning” at the FBI.