The Speaker of the Republic of Liberia has highlighted a critical constitutional concern, asserting that the Civil Service Agency (CSA) is an illegitimate entity as per the 1986 Constitution, which requires the establishment of a commission instead of the agency that was set up in the 1970s. The 1986 Constitution, particularly on Page 27, Chapter X, provides a definitive instruction for the creation of Autonomous Public Commissions. Article 89 clearly stipulates, “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 governing these Commissions and may create additional agencies as necessary for the effective functioning of Government.” Critics assert that “the constitution has rendered it obsolete. It does not say may establish or shall establish; it states there is hereby established. The only remaining responsibility is to finalize the operational specifics for the commission, which the constitution assigns to the legislature, not the executive, to issue standing orders.” They further argue, “If there is curiosity about why this issue is being highlighted at this moment, it should be noted that the current CSA was created through an informal agreement. Now, as they claim they wish to comply with the law, it must start with the Constitution of Liberia, which is the highest law, not a CSA standing order.” Moreover, they stress that “a CSA standing order, even if signed by the president, cannot govern the legislative branch. This would grant the president legislative power. The limited legislative authority bestowed upon the president by the constitution is only through executive orders, which are valid for one year. Allowing a mere director to enact laws that affect the legislature undermines our constitutional framework.” “The constitution specifies that the legislature is responsible for enacting laws to manage these commissions. The law you are relying on is from 1973 and has been nullified by the 1986 constitution. You have no foundation; you are exposed yet wish to act as though you have protection.” Additionally, “the Executive is acting in bad faith by using the CSA to intimidate the House of Representatives. The House must confront this and other overreaches by the Executive. The arbitrary dismissal of public sector employees is now infringing upon the House of Representatives.” The nomination, confirmation, and commissioning of the CSA leader are considered legally invalid under the 1986 constitution, rendering his actions unlawful. Speaker Jonathan FonatiKoffa and the House Leadership should be commended for bringing this constitutional matter to light. Source: Lib Latest News231
Comments are closed.