Monrovia — Plastic pollution is one of the many sanitation problems affecting all sectors of life in Liberia.
In this light, Judge George W. Smith of the 15th Judicial Circuit Court in RiverGee County has consistently highlighted sanitation issues in his charges delivered at court openings.
In his latest court opening charge for the May 2024 A.D. term on May 13, 2024, Judge Smith noted that Liberia has defeated two significant viruses, Ebola and COVID-19, but has yet to defeat the "plastic war."
"As I have delivered this traditional judge's charge, making appeals to patriotism since we have had our perilous days, particularly during the 14-year civil war, followed by the wars of Ebola and COVID-19, we defeated those wars," Judge Smith stated. "There's a third war we are yet to defeat - the littering of plastic bags and other dirt in our environment," he added.
During the May 2023 Term of Court at the 8th Judicial Circuit of Nimba County, Judge Smith mentioned this third war in his charge. Consistent with the Government's ARREST (Agriculture, Roads, Rule of Law, Education, Sanitation, and Tourism) Agenda regarding sanitation, he adopted his May 2023 charge as follows:
"When Ebola and COVID-19 invaded this country and waged wars on us, we showed patriotism, honor, and duty to our country and therefore we won those wars. Unfortunately, we are yet to defeat one war that is continuously being waged on us - a war that continues to affect our health, sometimes take our lives, destroy properties, and degrade the environmental beauty of our beloved country," Judge Smith maintained.
He emphasized that this war, easier to combat and defeat than Ebola and COVID-19, is the war against the littering of plastic bags and other waste in the streets, drains, gutters, and other public and private places.
"Our Public Health Law, the Environmental Sanitation provisions thereof, and the City Ordinances prohibit the disposal of plastic bags and dirt in the streets, gutters, drains, and all public and private places. Violation of this law and the City Ordinances is punishable by fines or imprisonment," Judge Smith noted.
"The National Legislature has set the stage by providing their contingent of soldiers, through direct and dedicated City Ordinances, to battle against the war plastic bags and dirt have waged on us. The Executive and Judiciary must provide their combatants by prosecuting and punishing those who violate our Environmental Sanitation Law and City Ordinances."
"Generally, the courts do not go outside looking for cases to judge. It is, therefore, the Executive that must prosecute violators in court. Though the courts do not look for cases to decide, since this war is against all, including members of the Judiciary, the courts have a direct stake in this deadly war."
The Supreme Court of Liberia has availed a contingent of soldiers, the magistrates, on the war front to fight against the littering of plastic bags and dirt in our environment.
Accordingly, pursuant to the authority and power granted to the Honorable Supreme Court of Liberia by Article 75 of our Constitution to promulgate rules of courts, the Supreme Court has mandated in Rule 6, Rules and Regulations for the Governance of the Magistrate and Traffic Courts, as follows: "Any Justice of the Peace or Magistrate exercising functions within the limits of cities, towns, and commonwealth districts is vested with jurisdiction over cases arising under the Sanitary Act of December 19, 1930, as amended, and the City Ordinances."
Judge Smith specified that Justices of the Peace or Magistrates shall set aside Mondays each week for the trial of all cases arising out of the Sanitary Act and City Ordinances issued from time to time. "Such trials shall be summary and judgments rendered and enforced without delay. I therefore charge the local and municipal governments and law enforcement departments to cause the arrest and prosecution in the magistrate courts of violators of our Environmental Sanitation Law and City Ordinances."
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Judge Smith emphasized that magistrates are charged to "set aside Mondays of every week for the trials of all cases arising out of the Sanitary Act and City Ordinances issued from time to time."
"In order for us to prevail in this war, as we did during the Ebola and COVID-19 wars, the National Government - the Legislature and Executive - must provide the funding and logistics to battle this dangerous war, the littering of plastic bags and dirt in the streets, gutters, drains, and public and private places," Judge Smith recommended.
He also called for city mayors of Liberia to travel abroad to seek technical and logistical assistance from their foreign counterparts, donors, and friends of Liberia to fight against this deadly war. "It is the civic duty and obligation of all citizens and those residing in Liberia to combat the war of littering plastic bags and dirt in our country," Judge Smith concluded.
