Monrovia — Members of the Liberian Senate have failed to take a definite position on a bill seeking to restrict presidential powers to appoint public officials to serve in government for a prolonged period of time in an acting capacity.
By Obediah Johnson, [email protected]
The bill under the captioned: Time Frame Act of 2024 was proffered by Grand Bassa County Senator Gbenzohngar Findley in February this year.
It seeks to promote good governance and transparency in Liberia by halting the perpetual acting status of presidential appointees to various cabinet and other positions in government for more than 90 days.
But the Senators did not decide on the proposed legislation, following a decision taken by the Presiding Officer, Vice President Jeremiah Koung, to seize the matter after the submission of a report from the joint committee on Public Corporation and Judiciary, Human Rights, Claims and Petition on Tuesday, November 19.
Though the committee recommended the passage of the bill, the decision taken by VP Koung to cease further deliberations and legislative action on the proposed Act prevented the passage.
Debating the proposed Act, Senator Findley observed that many public officials appointed to act in various positions do not feel accountable to members of the first branch of the Liberian government-the National Legislature, especially the Senate.
On the other hand, he noted that presidential appointees who do not appear before the Senate for confirmation most often feel unanswerable to lawmakers.
As a result of this, he added that many of these acting public officials do not execute their assigned tasks and responsibilities in the interest of the Liberian people.
Senator Findley maintained that these acting public officials continue to expend taxpayers’ monies at their own discretion.
“It’s time now we try to hold people accountable to the Legislature for the spending of public funds,” he said.
He stressed that the bill must be passed to protect the interest of the Liberian people.
Also speaking, Grand Kru County Senator Albert Chie pointed out that no presidential nominee should be allowed to act in a public position “for even one day.”
He said this is intended to prevent the usurpation of the functions of members of the Liberian Senate. “There is no need for anybody or nominee to act; the only people who should act are people who have already been confirmed by the Liberian Senate,” he said.
Senator Chie stressed that following the dismissal or resignation of a minister proper, a Deputy Minister, who has already been confirmed by the Senate at said ministry should be made to act, instead of the President appointing a nominee to occupy the position.
“If there is nobody who has been confirmed, the most senior civil servant should act. There is absolutely no need for a nominee to act for even one hour.”
He wondered how would nominees appointed to act in various public positions be placed on the payroll of the government in the shortest period of time which they are serving.
Senator Chie observed that most often nominees are appointed by the President to act in various public positions for between two to six months.
For his part, Senator Nathaniel McGill of Gbarpolu County justified that it is becoming a regular practice in Liberia for presidential nominees to be appointed to serve in government without any time frame.
He claimed that as per the statutes which established many entities presidential nominees are appointed to serve are most often violated.
He said only those within the legal structures of these entities are to act in vacant positions, instead of new presidential nominees who have not been confirmed by the Senate.
Senator McGill maintained that following the proper channel and procedures to appoint and confirm presidential nominees by both the Liberian Chief Executive and the Senate would guarantee and uphold separation of powers and the rule of law enshrined in the constitution.
Also speaking, Maryland County Senator James Biney observed that the proposed Act would be applicable to some government ministries and agencies.
He said it would be necessary for the President to appoint individuals to act at some agencies that require technocrats to lead, instead of senior civil servants who may not have the technical know-how to do so.
He made specific reference to the National Oil Company of Liberia (NOCAL) and the Liberia Telecommunications Authority (LTA).
“The law is when you have the President and the opportunity to appoint, there must be restrictions and there where I agree.We have to give meaning to the consent power of the Senate and we can’t support anything that undermines that consent power.”
Senator Biney emphasized that the proposed Act should ensure that the presidential nominee appointed to act in a particular position ceased to function.
“If they sent you to act before you are nominated, in my opinion, the law says allow that situation. The law should not allow it.”
He stressed in an event where the Senate does not confirm a presidential nominee, he or she should not act in said position nominated to.
“The part of the Act I do not support is that a most senior (civil servant) should act; I think it should be the will of the President to appoint someone in the system for a limited period of one or two months.”
The 1986 Liberian Constitution empowers the vice president to preside over normal regular sessions of the Liberian Senate.
In the absence of the vice president, the Pro-Tempore presides.
However, VP Koung is not on record for attending and presiding over sessions frequently, something which gives Pro Tempore Nyonblee Karnga Lawrence the leverage to do so most often.
The Liberian Vice President is only seen in sessions to preside on pertinent issues that would either play in favor or against the executive, particularly the presidency.
In this case, the interest of the executive or presidency is normally prioritized by the vice president while presiding over sessions.
The decision taken by Vice President Koung to cease further deliberations and legislative action on the Timeframe Act of 2024 would further prolong the passage of the document by the Senate.
It is not a regular routine at the National Legislature for deliberations and possible actions on committees’ reports recommending passage of bills to be hijacked by the Presiding Officer.
However, the motive behind Vice President Koung’s action would be perceived in the public as attempting to thwart a key legislation intended to promote good governance, transparency and accountability in government.
