President George Manneh Weah clarified that the new election law did not emanate from the Executive Branch nor does it have its support.
Responding to an open letter from the Standard Bearer of the opposition Alternative National Congress (ANC) Alexander B. Cummings which is a public debate, President Weah said, “It is also disappointing to note your reference to a vote by the Liberian Senate to change elections magistrates, and your call on me to ‘veto this decision by the Liberian Senate.’
“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,” President Weah explained.
The President told Cummings, “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.”
It can be recalled that since the passage of the new election law by the Senate, there has been serious criticisms against that body for passing such a law that will replace all electoral magistrates.
Section 2.24(a) of the amended law states that, “90-days after the passage of this Act, all Elections Magistrates in the 15-Counties must be removed and positions considered vacant,” and that section also gives the right to those removed Magistrates to re-apply.”
Cummings, in his letter to President Weah which prompted the Liberian leader for the first time to comment on the issue of the New Election Law recently passed by the Liberian Senate, he alluded that this decision is not recommended by the National Elections Commission.
According to him, it is unsupported by any reasoning that advances our nation’s need for increased fairness and improved credibility in our electoral processes.
He frowned that the Legislature was allowed to meddle into the employment of election magistrates, which is the duty of the NEC which 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.”
He then stated, “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.”
Cummings detested the recent decision of the Liberian Senate to pass a New Election Law removing and replacing all electoral magistrates.
It can be recalled that in February of this year, members of House Committee on Elections, inauguration and Judiciary triggered a need to amend the New Elections 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 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 elections magistrate in the 15 counties after 90 days of the passage of the new law.
This led to a public furore, with some stakeholders including politicians, expressing fear that the “Weah administration was attempting to circumvent the laws 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 with 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 harmonise the various positions on amendments.
Even the magistrates who are to be affected by this decision have not taken it lightly, thus threatening court action.
The magistrates added 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 not only 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,” the magistrates added.
They warned that any attempt on the part of 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 benefits before the general interest of the country, but we are not cheap and should in no way be taken for granted. They make the laws 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 angrily, stated.
