Monrovia – The Regulation Reform Fee (LRC) of Liberia is proposing amendments to the Liberia Anti-Corruption Fee (LACC) Act, together with a controversial provision that may grant the President the authority to take away LACC commissioners for “possible trigger” with out requiring a two-thirds majority vote from the Senate.
By Jaheim T. [email protected]
In keeping with the LRC, the proposed adjustments goal to deliver the Act consistent with the Structure of Liberia, which it argues locations govt appointees solely below the President’s authority and permits for his or her removing on the President’s discretion.
Beneath the present LACC Act, the President should set up trigger and search Senate approval for a commissioner’s removing by way of a two-thirds majority vote. The LRC maintains that this requirement is unconstitutional.
Talking at a high-level anti-corruption legislation validation discussion board, LRC Chairman Cllr. Boakai Kanneh questioned the constitutionality of the LACC’s tenure provisions, significantly the Senate’s position in eradicating commissioners, arguing it infringes on govt powers.
“The Regulation Reform Fee has a statutory mandate to evaluation all legal guidelines of the nation, together with the Structure,” Kanneh mentioned. “So when the President directed us to evaluation the anti-corruption authorized framework below the Arrest Agenda for Inclusive Growth (AAID), we acknowledged the urgency. The present devices comprise loopholes that weaken the struggle towards corruption.”
Among the many most contentious proposals is the removing of constitutional protections for LACC commissioners—lengthy thought of untouchable pillars in Liberia’s anti-corruption panorama.
The LACC was reconstituted in 2022 throughout the administration of former President George Weah. Nonetheless, issues have endured over the legality of its enabling legislation, significantly relating to overlapping tenure provisions. Because it stands, LACC commissioners can solely be eliminated with trigger and with Senate approval by a two-thirds vote.
If enacted, the proposed adjustments may set a precedent for reviewing tenure protections at different key businesses, together with the Liberia Income Authority (LRA), Basic Auditing Fee (GAC), and Public Procurement and Concessions Fee (PPCC)—a lot of which presently function below comparable types of tenure safety.
Cllr. Kanneh argued that the present process contradicts Article 56(a) of the Structure, which stipulates that presidential appointees serve on the President’s pleasure.
“Because the legislation stands, the President should set up trigger after which submit it to the Senate, which should approve the removing by a two-thirds majority,” Kanneh mentioned. “We imagine that is unconstitutional. Officers serving below the chief both work on the President’s pleasure or below their supervision. If the President establishes trigger, that official may be suspended or eliminated.”
One other main proposal is the introduction of “illicit enrichment” as a brand new felony offense. This may deliver Liberia’s authorized code consistent with each the United Nations and African Union Conventions towards Corruption.
“We amended the Penal Regulation to say that if a public official acquires unexplained wealth, they need to justify how they obtained it,” Kanneh famous. “Failure to take action may outcome within the confiscation of these property.”
The amended legislation would additionally shift the burden of proof in such instances. “When you earn $200,000 a 12 months and out of the blue personal a $500,000 property, the legislation presumes one thing is fallacious,” Kanneh mentioned. “You need to clarify that acquisition—particularly if it’s not mirrored in your asset declaration.”
The reforms transcend anti-corruption measures, delving into the gray space of political appointments and potential conflicts of curiosity. Kanneh acknowledged the continuing debate about whether or not social gathering officers appointed to authorities positions characterize a battle of curiosity.
“There’s nonetheless a gray space,” he mentioned. “When you campaigned for a political social gathering and are later appointed to public workplace, is {that a} battle? Probably. We’re exploring whether or not resignation from social gathering roles upon appointment may resolve the difficulty. The Code of Conduct ought to handle this—however we should additionally confront political realities.”
To make sure transparency and inclusivity, the LRC mentioned it solicited enter from key integrity establishments, together with the LACC, the Workplace of the Ombudsman, the Asset Restoration Unit, and the Ministry of Justice. Civil society organizations and worldwide companions had been additionally actively engaged within the course of.
Cllr. Ramses Kumbuyah, Government Director of the LRC, emphasised the Fee’s participatory strategy. “Regulation-making shouldn’t be a solo exercise,” he mentioned. “We’re validating draft legal guidelines by way of broad stakeholder participation. When authorized practitioners and civil society have a say, the legal guidelines grow to be extra simply and implementable.”
Representatives from the European Union, the Press Union of Liberia (PUL), and civil society teams together with CENTAL and Accountability Lab welcomed the inclusive course of however urged stronger enforcement mechanisms.
Julius Kanubah, President of the PUL, described the reform effort as a “important step towards strengthening the anti-corruption struggle,” noting that “robust legal guidelines, clearly outlined and understood by all, are important.”
