The NEWS (Monrovia)
Alloycious David
9 May 2008
Monrovia — Following an hour of heated debate at the joint Chamber of the National Legislature, the House of Representatives Thursday passed into law an act seeking to establish The Liberia Anti-Corruption Commission (LACC). But Maryland County Representative Boffa Chambers has filed a motion of reconciliation.
Recently, plenary received a proposed Act and heard the first reading of the act to establish The LACC with the mandate and functions to implement appropriate measures and undertake programs geared toward preventing, investigating and prosecuting acts of corruption, including educating the public about the ill of corruption and the benefits of its eradication.
Certain key sections of the Act sparked up contention during a deliberation of the proposed law. During a public hearing, some lawmakers said that the bill sought to practice selective justice and reintroduce the defeated proposed Asset Freeze Bill.
As a result of the disagreement, plenary forwarded the bill to its Committees on Judiciary and Governance and Reform for study and scrutiny.
Reporting back to plenary Thursday, the Joint Committees said: "Under part III-Power of the Commission, the open ended nature of the arresting and detention power of the commission contained in section 3.1.4 has been resolved thus: that such arrest or detention must be based on probable cause and a prior warrant issued by a court of competent jurisdiction."
The Committees also indicated that under section 3.1.5, assets can only be frozen provided the freezing of assets at all times authorized by a prior order or warrant issued by a court of competent jurisdiction while under section 3.1.6, the modification provides that properties will only be confiscated provided that the confiscation is ordered at the end of all judicial proceedings, including, if taken, necessary appeal to the Supreme Court.
The lawmakers also amended section 4.2.1, and said that "the mandate of the commission to investigate acts of corruption is restricted to only those acts committed subsequent to the passage of this act and all other perceived acts of corruption prior to this act must be prosecuted through the normal court process."
Under section 5.8.3, the committee said the commission can only conclude and submit the annual budget and work programs and submit as part of the national budget because it is a Legislative function to approve the budget while under section 11.2, appropriations made for the commission in the National Budget shall be disbursed to the commission on a quarterly basis and the first trance for each budget period shall be disbursed with thirty days as of the passing of the budget by the Legislature.
Following the reading of amended version of the act, Representatives Kuku Y. Dorbor and James Bernay objected to the passage of proposed law.
Representatives Barney argued that it was wrong for the commission to have financial autonomy since the government was running cash based budget.
But some of his colleagues including Representatives Worlea-Saywah Dunah, Nohn Rebecca Kidau, Titus Barclay, Kettehkumeuhn Murray, and Elijah Seah stressed the urgent need to pass the proposed law.
However, following heated argument pros and cons, plenary voted in favored of the passage of the act on condition that the act will be return to them if the Senate changed anything in it while it will be considered invalid if it is tamper with during printing.
Meanwhile Representative B. Chamber has filed a motion of reconsideration.
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