Liberian Senate in Error

The Liberian Senate is in Error to Introduce Amendment in the Elections Law Increasing Registration Fees for Legislative Candidates:

Illiteracy, greed and ignorance are few of the chronic diseases affecting our country, Liberia. Many people normally agree with decisions of public servants (legislature, executive appointees, judicial workers, civil servants, et al.) because they do not quite understand the implications or legal vicissitudes of actions taken by these people each and every moment in our national history.

One simple issue that has drawn my attention is the move by the Liberian Senate to amend the Elections Law of Liberia by increasing the fees to be paid by would be contestants for Representative and Senate seats in future elections. Without going deep into the merits and demerits of this diabolical and unconstitutional law (something I would venture in sooner than later), I thought to first showcase a simple, but important constitutional clause that the Senate has bridged either knowingly or unknowingly. 

In Article 34, the Legislature, amongst others, shall have the power:

d): to levy taxes, duties, imports, exercise and other revenues, to borrow money, issue currency, mint coins, and to make appropriations for the fiscal governance of the Republic, subject to the following qualifications:

(i): all revenue bills, whether subsidies, charges, imports, duties or taxes, and other financial bills, shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills. No other financial charge shall be established, fixed, laid or levied on any individual, community or locality under any pretext whatsoever except by the expressed consent of the individual, community or locality. In all such cases, a true and correct account of funds collected shall be made to the community or locality, et al.

If the above must be the final word from our constitution, the organic laws of the State, one can safely assume that the fees levied on would be legislative contenders would fall in the category of charges, if not taxes or duties. And as clearly indicated in (i), ‘all revenue bills, whether subsidies, charges, etc. shall originate in the House of Representatives’…, “but the Senate may propose or concur with amendments on other bills”. Unfortunately, the proposed amendment in the elections law incorporating increment in charges of fees on legislative candidates originates with the Senate, thus amounting to a constitutional bridge (if this part is a new law at all), or if one may argue that they have the right to propose amendment in line with the Constitution, then “No other financial charge shall be established, fixed, laid or levied on any individual, community or locality under any pretext whatsoever except by the expressed consent of the individual, community or locality”, and in this case the individual, community or locality is the people of Liberia represented by the House of Representatives under the Representative Democratic system. 

So the question now is will the Representatives concur with the Senate’s ill-conceived bill or defend the interest of the poor people against whose interest the Senate has issued such amendment? Who is advising the Senate?  Do they have legal advisers or political advisers?  What is the House of Representatives saying?  How can such a bill be proposed when the current poverty rate in Liberia is 74.6% in rural areas, 47.7% in urban sectors and 61.5% average at the national level (LISGIS 2008)? Should we not assume that this action is a demonstration of the fact that these lawmakers want to keep Liberians poorer in the interest of their selfish benefits?  Can our people read the signs on the board or will they be blinded by party loyalty, ethnicity, et al.?

The House of Representatives has got a chance to redeem the image of the Legislature in this instance, though doubts abound that they will not concur based on previous bogus passages of criminal laws against the people of Liberia. Can they ratify a law that from its start contravenes the constitution especially Article 30: indicating that “Citizens of Liberia who meet the following qualifications are eligible to become members of the Legislature.

a)      for the Senate, have attained the age of 30 years and for the House of Representatives, have attained the age of 25 years;

b)      be domiciled in the country or constituency to be represented not less than one year prior to the time of the election and be a taxpayer”.

Let us wait and see, but my best bet is that we have a group of ignorant lawmakers who do not care about the spirit and intent of the Organic Laws of the Republic of Liberia, least to talk about the interest of the people of Liberia. Alternatively, they have been obsessed by power and would do anything to deny the poor, and hardworking citizens (teachers, advocates, students, market women, farmers, community workers, etc.) the right to compete in national elections against them (current legislators).  It would not be a surprise that should this amendment succeed, tomorrow could bring another amendment putting the fees at 100 thousand USD or more beyond the current proposal of increasing from $750 USD to $7000 for the Senate, and from $500USD to $5000 USD for Representatives. And in such situation, those with the deepest pockets will contest and win, and keep the poor poorer while the rich would get richer. Liberians, have your say, else, it may get too late.

Just thinking aloud!!!!!!!!!!!!!!

8s me Tom Kaydor