Liberia News: CSA Boss Called To Check

Liberia-Civil Service Director Josiah Joekai’s reform initiatives intended to streamline and account for government’s workforce, including latest plans to get rid of several employees who felt below the belt or failed to comply with ongoing procedures and processes seem to be running into trouble.

Day after announcing an ambitious dismissal plan of civil servants, national political players such as House Speaker J. Fonati Koffa, Senator Darius Dillon and even the head of the Center for Transparency and Accountability in Liberia (CENTAL) exclaimed their detest of such exercise, some citing not being constitutional.

Weighing in the issue, Speaker Koffa proffered a serious constitutional argument that the CSA is an illegal entity by the existence of the 1986 Constitution that calls for the creation of a commission and not an agency that was created in the 70’s.

Koffa, a lawyer by training, reminisced the 1986 Constitution on Page 27, Chapter X calls for the establishment of Autonomous Public Commissions, while Article 89 names agencies to be established as A Civil Service Commission, Elections Commission; and 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,” he recalled in a write-out posted on social media.

Anonymous arguments: “It was made defunct by the constitution. The constitution did not say may establish or shall establish. The constitution said there is hereby established. The only thing left is the gap fillers on how the commission will operate and the constitution left that to the legislature not the executive to issue standing orders.”

Further clarifying, he explained: “If they argue why they are raising it now they should know CSA as it exists today was a gentleman agreement which they should understand. Now that they have come and said they want to follow the law, the law starts with the constitution of Liberia which is the organic law. Not a CSA standing order.”

The Speaker argued that CSA standing order signed by the president cannot govern the legislative branch of government, stressing that it would amount to giving the president legislative powers.

Speaker Koffa stated that the limited legislative powers given the president by the constitution is the executive order which lasts one year.

“To allow a mere director to promulgate laws that affect the legislature will be a complete mockery of our constitutional scheme,” he noted.

The Speaker reminded the CSA boss that the law he is relying on was 1973 which was made defunct by the 1986 constitution, stressing that he does not have any reliance, and it appears he knows he is naked but want to pretend that you have clothes on.

According to him, “the Executive is operating without good faith by using the CSA to harass the House of Representatives, adding “The HOR needs to check this and other excesses of the Executive.  The arbitrary dismissal of public sector workers is being extended to the House of Representatives.”

He termed the nomination, confirmation and subsequent commission of the arrogant and unconstitutional CSA boss legally null and void by the 1986 constitution, adding that his actions are all illegal.

Adding his voice to the issue of such a grave national concern, CENTAL boss Anderson Miamen wondered the essence of even attempting people for exercising their rights to speak out or express themselves.
In a Facebook post, he said in a rather metaphorical style: “So, civil servants who praise a sitting government and public officials, the Boakai-Koung administration in this instant case, are right and can do so without administrative action (s). However, those who do otherwise are branded as being political and in violation of the Code of Conduct.”
The brouhaha stemmed from a letter about the dismissal of people at MCC for reportedly “cussing” public officials, and according to him is such information is true, then the decision is ill-advised, a show of gross intolerance, and even a double standard on the part of CSA and the leadership of MCC.
“While I do not encourage people insulting their leaders or anyone, in a country that has decriminalized free speech and encourages people to speak out, you cannot dismiss people for reportedly insulting public officials. It is not a good sign,” he said.
The CENTAL head said there is strong need for MCC and CSA to reverse this decision or action, otherwise those affected have the right to recourse through the law.

Senator Darius Dillon also had a say on the issue, asserting that the recommendation by the CSA to dismiss civil servants is a wrong move that should not be encouraged.

Sen. Dillon played a significant part in ushering the President Joseph Boakai-led administration that campaigned to uphold the rule of law and reform the national governance system.