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— Says CSA lacks legal jurisdiction
The crisis at the National Elections Commission appears to be far from nearing any resolution as the Commission has declined to honor intervention by the Civil Service Agency (CSA). Recently, CSA wrote the NEC, with Davidetta Browne-Lansanah, Chairperson of the Commission as the focused person accused of the wrongdoing of mass summary dismissal on one hand as well
as the “Aggrieved Workforce” of the Commission through Rennie Gleegbar on the other hand, inviting the both sides for an amicable resolution of the impasse.
CSA’s action stemmed from a complaint filed to it by a group of NEC staff calling itself “Aggrieved Workforce” of NEC who registered that the Commission has summarily dismissed nearly 30 of its members amid protest for what they term as “just benefits.” Josiah Jokai, Director General of CSA, yesterday received a
strong resistance from NEC through its senior legal counsel, Cllr.
A. Teage Jalloh, as the Commission expressed its unwillingness to sit with the dismissed employees under the gavel of CSA for any resolution. According to Teage, CSA lacks the legal authority to look into any matter from the NEC and as such, there is no reason to honor a sitting for a resolution.
Teage also argued that the complainant, Rennie Gleegbar who is serving as the spokesperson of the aggrieved and dismissed employees has not been dismissed and has no legal backing to speak for and on behalf of the dismissed. “The Civil Service Agency (CSA) lacks subject matter jurisdiction over the complaint.
The 1973 Act that established the CSA as an agency within the Executive Branch of Government does not grant the CSA any authority to direct or review any employment related matter concerning the NEC, which was established as an independent commission under Article 89(B) of the 1986 constitution of the Republic of Liberia. Because the 1973 Act does not grant the CSA such authority, the CSA cannot, via a Standing Order, assume such authority,” Jalloh said.
According to the NEC’s legal man, “Assuming arguendo that a degree of authority exists, the CSA is prohibited both under the 1973 Act that established it and the 2012 Standing Orders of the Civil Service from reviewing, modifying, or reversing a matter of dismissal, as in the instant case. The 1973 Act and the Standing Orders are clear that the authority to do so rests with the President of the Republic of Liberia.” He said “Where applicable, the agency is only required to notify the CSA of the dismissal. Hence, the CSA lacks authority to hear the instant alleged wrongful dismissal.”
Teage said Mr. Rennie B. Gleegbar, who filed the December 3, 2024 “wrongful dismissal” complaint, is a current employee at the NEC and has not been dismissed; hence, Mr. Gleegbar lacks the capacity to factually and legally file a complaint of “wrongful dismissal” against the NEC. He added that there is also no legally recognized group named as aggrieved workforce of the NEC and it should be clearly understood that people are only employed to work instead of protest.
“The NEC submits that no institution of government hires and pays any employee to carry out “protest.” Employees are hired to perform specific duties in line with the official functions for which the agency/institution of government they work for was established,” he noted, adding, “Hence, an employee who leaves his or her area of assignment; blocks the Commission’s entrances thereby resulting into other staff, members of the Board of Commissioners, members of the public, and the United Nations Development Programme -Liberia that is housed in the
commission compound from entering and carrying out their respective functions and coordinates and makes disturbing noises and other unruly acts during work hours in the Commission compound through the beating of drums were uncalled for.”
He continued that the protesting workers “put padlocks on the doors of the main building, thereby obstructing the functions of the Commission and threatened and intimidated other staff of the Commission, by writing on the wall next to the Human Resource Section of the Commission the expression, “HR we coming for you”, and “ED the greedy hunter, you will die.”
NEC recently attributed its dismissal action to a policy manual which it said contains in Section 3.5 backing the summary dismissal for any action such as attack on the chairperson of senior officials at the Commission. Teage said the actions of the protesters were not peaceful, even though they had the right to assemble and petition the Commission for their benefits as they claimed.
When contacted, CSA DG, Josiah Jokai said NEC is in error for thinking and believing that his agency does not have any legal backing to intervene in issues involving employees of the government who are not appointed by the President. “We hope we can find a common ground to resolve the matter at
the NEC. The Commission’s argument that CSA does not have the legal backing to intervene in matters involving its employees is erroneous and totally out of context. We did not need lawyers at
today’s conference but they insisted on filing their response in such a legal way. We have taken their points and we are not in agreement with their assertion that we do not have the right to listen to all sides, particularly in this matter of huge dismissal,” Jokai said. He said his office will continue to pursue all efforts to bring to an amicable resolution to the unfolding at the Commission.
“Those dismissed are all civil servants. We have all rights to hear from them and the other side. It is a unitary system of government and CSA cuts across all government Ministries, agencies and commissions. We are not saying any party is wrong or right at this moment. This is why we want to hear from them and we can reason together around one table and find peace and solution to the problem,” the CSA boss added.
For Rennie Gleegbar, NEC’s claim that because he was not dismissed he has no right to speak for and on behalf of the aggrieved staff is unfortunate.
“The Chairperson knows that I am the spokesperson of this group, and like those dismissed, I too have not received my four months’ hazard benefits following the 2023 Presidential and Legislative elections. How then I don’t have the right today to speak? I don’t get it,” Gleegbar said.
He said his team is preparing a full official response to Teage’s submission and they are ready to go to any length with the Commission. “We are doing everything to avoid litigation with the Commission but if they push us, we will not shy away. It is our right and we deserve our just benefits,” he concluded.