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Monday, October 14, 2024

Liberia: Addressing Critical Flaws Within The “Civil Service Agency”

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By Honorable Cllr. J Fonati Koffa/ Speaker House of Representatives

The ongoing dispute between the House of Representatives and the Civil Service Agency (CSA) over the CSA’s role in the employment and regulation of staffers in the House’s Central Administration highlights a fundamental issue that has long been overlooked.

This disagreement should be viewed as an opportunity to address critical flaws within the CSA, starting with its very name and the enabling statute that governs its operations.

First and foremost, the 1986 Liberian Constitution established a Civil Service Commission, not a Civil Service Agency. This distinction is not merely semantic but speaks to the very heart of the CSA’s legal standing.

The CSA has yet to produce any legislation that explicitly grants its authority over staffers within the Central Administration of the House of Representatives. This raises serious questions about the legitimacy of the CSA’s attempts to exert influence over hiring decisions within the Legislature.

Furthermore, the CSA’s efforts to assert control over who is hired in the Central Administration of the Legislature are in direct contradiction to Article 3 of the 1986 Constitution, which explicitly bars any individual from exercising power in more than one branch of government.

By attempting to dictate employment within the House, the CSA is overstepping its bounds and infringing on the autonomy of the Legislature.

This not only violates the principle of separation of powers but also undermines the very checks and balances that are meant to safeguard our democracy.

This disagreement is more than a mere administrative tussle; it is a constitutional crisis that demands immediate attention. It is time for our lawmakers to revisit the enabling statute of the CSA, align it with the constitutional provisions, and ensure that the CSA is restructured—or even renamed—to accurately reflect its intended role.

It is time for the lawmakers to give full faith and credit to the constitution article 89 by passing law governing the civil service commission.

Only then can we resolve these conflicts and preserve the integrity of our democratic institutions.

 

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