As the debate for the new election law recently passed by the Liberian Senate continues, President Dr. George Manneh Weah has, for the first time, commented on the issue.
In his response to the letter of the Standard Bearer of the opposition Alternative National Congress (ANC), Alexander B. Cummings, the Liberian leader made it clear that the new election law did not emanate from the Executive Branch, nor does it have its support.
The President told Cummings that “the continuous fear-mongering by you and others in the opposition, seeking to prematurely cast aspersions on the sanctity of our electoral process, in the face of the excellent track record of the number of free, transparent and fair elections which have been held since my incumbency; many won by candidates of the very opposition, is duplicitous and dishonest”.
Section 2.24(a) of the amended law states, “90-days after the passage of this Act, all Elections Magistrates in the 15-Counties must be removed and positions considered vacant. This section also gives the right to those removed Magistrates to re-apply.”
In his letter to President Weah, Cummings detested the recent decision of the Liberian Senate to pass a new election law removing and replacing all electoral magistrates.
Cummings, in the letter, said, “This decision is not recommended by the National Elections Commission (NEC) and is unsupported by any reasoning that advances our nation’s need for increased fairness and improved credibility in our electoral processes. Even worse, it positions the Senate, if not the entire Legislature, to meddle into the employment of election magistrates, which is the duty of the NEC. This therefore leaves the unfortunate impression that it is unhelpful, if not even hurtful, to the conduct of free, fair and credible elections in 2023, a process that is pivotal to the consolidation of peace, security and democracy in our country.”
To this, he said, “I therefore urge you to veto this decision of the Liberian Senate should such unhelpful decision reach your desk. This will be the right thing to do for Liberia, for the Liberian people and for our cherished peace, democracy, and security.”
But the President told Cummings, “It is also disappointing to note your reference to a vote by the Liberian Senate to change election magistrates, and your call on me to ‘veto this decision by the Liberian Senate’.”
President Weah continued, “As a former Senator, let me take this opportunity to school you in the workings of the Senate, the Legislature in general and its relationship with the Executive in the passage of laws. A vote by the Senate on any bill does not come to the desk of the President. A vote by the Senate requires concurrence by the House of Representatives before it is submitted to the Office of the President for his signature or veto.”
It can be recalled that, since the passage of the new election law by the Senate, there has been serious criticism against that body for passing such a law that will replace all electoral magistrates.
In February of this year, members of House Committee on Elections, Inauguration and Judiciary triggered a need to amend the new election law of 1986 in order to conform to international best practice, since Liberia had already conducted and learned from three legislative and presidential elections under the UN supervision: 2005, 2011 and 2017, which were deemed free and fair.
The act proposing the amendments was introduced by Montoserrado County’s district #11, Representative Richard Koon, of the Unity Party.
The act proposed several amendments, including a 30% quota for women in all political parties; an increase in registration fees of presidential, vice presidential candidates, and other elected representatives (senators and representatives); the creation of an independent body to hear complaints; amongst others.
The House’s amendments were submitted to the Senate. In July, the Senate, after long deliberations, passed its own version, which included a decision to replace all 19 election magistrate in the 15 counties after 90 days of the passage of the new law.
This led to a public fury, with some stakeholders, including politicians, expressing fear that the “Weah administration was attempting to circumvent the law in order to benefit the ruling party in the 2023 elections”.
This notion appeared to be flawed since the discussion about amendments originated in the Legislature, without any urging from the Weah administration, and considering that the Senate’s decision to change magistrates does not have the backing of the President.
This position has in fact been made known by Deputy Speaker, Fonati Koffa, of the ruling Coalition for Democratic Change (CDC), who has said he and other lawmakers in the House of Representatives will reject the Senate’s decision.
The Senate and the House have set up a conference committee to harmonize the various positions on amendments.
Even the magistrates who are to be affected by this decision have not taken it lightly, threatening court action.
The magistrates observed that over the years they have been subjected to rigorous civil service processes and have always done their best to stay within the confines of the Civil Service Agency (CSA)’s regulations, as they work under the direct supervision of the NEC Board of Commissioners
The magistrates argued that they have excelled over the years and gained advanced academic credentials, for which they are not paid for as required by law.
“It is not that we are afraid to call our names, but we are waiting to see if the House of Representatives will concur with the Senate on this. The President signing it into law will lead us into action—going to court to seek redress,” one of the magistrates has said.
They warned that any attempt by the Legislature, which has no Constitutional right to appoint magistrates…will not go unchallenged.
“We know they are politicians, and they are always thinking about their personal benefit before the general interest of the country, but we are not cheap and should in no way be taken for granted. They make the law but they are not above the law. They have done it with the LACC, but it will not work in our case,” a magistrate, who sounded angry, stated.