Liberia: Presidential Transition Act Surfaces At Legislature
With the elections
approximately six weeks away, the winner off the popular vote will be entitled
to just a brief moment to gloat and then get down to the business of assuming
leadership of the country. And from the day the President-elect and Vice
President-elect are announced, a series of transitional activities must take
place leading up to inauguration.
President Ellen
Johnson Sirleaf has submitted a new bill (act) to the Legislature that, if
passed into law, will be titled, The Presidential Transitional Act of 2017. The
bill makes room for, among other things, any logistical, political, security,
appropriative and other activities that would be required for the smooth
transfer of political power between the President and Vice President and the
President-elect and Vice President-elect, respectively.
The act will seek
for former presidents and vice presidents to be provided with adequate and
appropriate security, as may be from time to time and be determined by the
director of the Executive Protection Service (EPS) in consultation with the
former presidents and vice presidents. It also provided that in no event shall
the security detail around the former president be less than five armed
security personnel, and around the former vice president be less than three at
all times.
In identical letters
to the Speaker of the House of Representatives and the Senate Pro-Tempore,
President Sirleaf said, "The aim of the draft law is to set up a framework
for the smooth transfer of political power and governance and build a strong
foundation that would enhance the democratic value for sustainable peace."
The letter was read on Tuesday, August 22 to the Lower House in session.
"The Act when
passed into law, will continue the path of peaceful resolution, smooth
transition of political power and governance, stability and a sustained
democratic development," the President wrote. "Liberia needs
continuity, peace and smooth transition of political power from one elected
president to another. l, therefore, request your kind and timely consideration
to enacting into law this important legislation that is germane in keeping the
long peace enjoyed in Liberia."
Immunity necessary?
The President seemed
to volley the idea of immunity, the necessity of which the Legislature may
choose to consider. On that issue, the President argued that other countries
are "striving to consolidate and sustain their fledgling democracies"
and so "incorporate provisions of immunity for former presidents and vice
presidents." She said such a provision on immunity encourages outgoing
leaders not to perpetuate themselves in office.
"I have not
sought to include such a provision (immunity) into this law," the
President noted. "Instead, l have thought to defer to the wisdom of the
Legislature to determine if it will be deemed necessary (to have) an immunity
provision that would contribute to the promotion of a healthy, vibrant and
irreversible path for our country," the President stated.
The House's Plenary
has mandated the Committees on Judiciary, Good Governance and Government
Reform, and Executive to review and advise the body on Tuesday, August 29.
According to
Sirleaf, the former president and former vice president shall be provided, by
the General Services Agency (GSA) or any successor agency, such suitable office
spaces appropriately equipped with furniture, furnishings, office machines and
equipment and supplies within the Republic of Liberia for the rest of their
natural lives.
On the issue of
vehicles, the bill said, former presidents shall be provided two vehicles and
former vice presidents, one vehicle. For budget, the bill provides that there
shall be an annual budget appropriately for the upkeep of the former president
and the former vice president, which shall be subject to cost of living
adjustment for the rest their natural lives.
On their dependents,
the bill said, the surviving spouse and legal minor dependents of former
presidents and vice presidents shall be entitled to one -third of the annual
budgetary appropriation referred to above, respectively. "The spouse shall
receive said amount for his/her natural life, and the legal minor dependents
shall continue to receive said amount until they reach age 18," the bill
added. The law will also establish an arrangement or a mechanism for the proper
management of the transfer of political power or administration from one
democratically elected president to another democratically elected president.
According to the
law, it will be applicable and triggered immediately after the declaration of
the winner of the presidential election in any year the election is held,
beginning with the 2017 elections, and where the incumbent occupant of the
office of the president is not declared winner in accordance with the
Constitution.
When the law is
passed, there will be a Joint Presidential Transition Team, in which the
president will appoint 15 persons and the president-elect, 15 persons. The
decision of a transition team shall be made by consensus and any disagreement
will be resolved by the president and the president-elect.
Other African Countries
In Ghana, the new
amendment of the Presidential (Transition) Act of 2012, says the outgoing
president and his vice would be required to vacate the official bungalows one
month before the swearing-in of the new president on January 7. The Act also
grants the office administrator general legal powers to forcefully evict an
outgoing president and his or her vice when they exceed the grace period.
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