-Violates the 2007 Act of the LTA
By Jerromie S. Walters
Early Tuesday, February 20, 2024, President Joseph Nyuma Boakai, Sr., nominated additional officials to positions in government affecting several line Ministries and Agencies.
Shockingly, among those appointed, the Liberian Leader nominated Mr. Abdullah Kamara as Chairperson of the Liberia Telecommunications Authority (LTA), a tenure position that’s currently being occupied by Madam Edwina Crump Zackpah.
Madam Edwina Crump Zackpah was appointed by former President George Weah on Monday, October 24, 2022. The Liberia Telecommunications Authority (LTA) is an independent commission of government established by the Telecommunications Act 2007 and clothed with the authority to regulate the telecommunications sector of Liberia.
According to the act that established the entity, it provides that: “(1) A person may not be removed from office as a Commissioner or Chairman, or from any other office that is made subject to this Section, before the completion of his or her term of appointment unless the person: (a) at the time of appointment, or while holding the position of Commissioner, Chairman or other office, has a conviction or is convicted for any offense in Liberia or elsewhere:
i) under criminal law; ii) involving dishonesty or corruption; and iii) where the penalty for such offense includes imprisonment for one year or longer (irrespective of whether such penalty has been or is imposed concerning such conviction);
(b) acts contrary to Section 10 (3), and does not remedy the default to the satisfaction of the Minister. Removal can also be applied if there is an undischarged bankrupt; or (is determined by two medical practitioners to be unable to perform the responsibilities, functions, duties, and powers of a Commissioner or other office due to any physical or mental incapacity.
“(2) If it becomes necessary to replace the Chairman or a Commissioner as a result of death, resignation, or where the person is removed as permitted by Section 10 (1) above, the replacement will be appointed using the process described in Sections 9 (1) to 9 (4) or such other process as is approved by Cabinet.”
On Tuesday, Mr Abdullah Kamara, Chairperson, was appointed along with Mr. Patrick Honnah, Commissioner, Clarence Kortu Massaquoi, Commissioner, Ben A. Fofana, Commissioner, and Ms. Angela Bush Cassel, Commissioner.
As required by the act that established the LTA, the President shall appoint a Commission consisting of five (5) Commissioners to oversee the operation of the LTA and to exercise the functions and powers of the LTA.
It provides that the appointment of Commissioners pursuant to this Section 9 (1) shall be subject to Senate confirmation. The President shall designate one of the five appointed Commissioners to be Chairman of the Commission.
“The term of office for the Commissioners shall be four (4) years. The appointment of any Commissioner may be renewed by the President for another term of four (4) years. No member of the Commission shall serve for more than two (2) terms. The Commissioners shall be persons with telecommunications sector or other relevant experience, and otherwise of appropriate qualification.”
The act further details that the Commission shall prepare an annual budget for the operation of the LTA, to be submitted for approval by the Executive Branch of Government. “The budget of the LTA shall be subject to compliance with all national accounting and budgetary laws.
(6) All decisions of the Commission shall be subject to a simple majority of the Commissioners, based on the quorum established by the bylaws or operating rules adopted by the Commission from time to time.
(7) All decisions of the Commission shall be supported by a statement of reasons or other explanation sufficient to explain the basis of the decision.”
Legal experts
Legal practitioners have voiced their concerns over the recent appointment of a new Chairperson at the(LTA), labeling it as a legal error. The appointment, they argue, goes against the act that established the institution, which only allows for the removal of the Chairperson under specific circumstances. The practitioners suggest that the President reconsider the decision to maintain the integrity and legality of the appointment process at the LTA.
In Their opinion, Mr. Boakai’s decision raises doubts about the adherence to due process and legal requirements in filling key positions within government bodies. They stress the importance of upholding the rule of law and ensuring that appointments are made by established guidelines to prevent any legal complications in the future.
Calling on the President to rectify the situation, legal practitioners have united in their plea for the cancellation of the appointment.
Functions and Operation of the Authority
PART III of the LTA 2007 Act says the institution shall undertake the regulation of telecommunications services and the telecommunications sector in Liberia by the provisions of the Act.
“Specifically, the LTA shall have the right to: (a) exercise all powers and functions given to it under this Act; (b) own movable and immovable property; and (c) enter into contracts and take any legal actions, including the right to commence legal proceedings, to defend any claim against the LTA, and to participate and represent itself in any arbitration or similar legal proceeding.
(3) The LTA shall have the benefit of any other capabilities enjoyed by public authorities under the laws of Liberia.” It adds that the LTA shall be exempt from the payment of income taxes and all customs duties and charges, as well as property and capital taxes. It shall also be exempt from payment of trade or similar levies.
The LTA 2007 act states that it shall have the capacity and responsibility under this Act that (a) advise the Minister on policy for the telecommunications sector;
(b) implement this Act, the regulations, and other elements of the legal and regulatory framework for the telecommunications sector;
(c) issue individual and class licenses, including licenses for international telecommunications facilities and services, and design and implement the processes for issuing such licenses.
The institution is also clothed with authority to monitor and enforce compliance by licensees with the conditions of their licenses amend, modify, suspend, or revoke licenses by this Act and the regulations; implement tariff regulation, by Part IX of this Act;
(g) define network termination points, if required for the proper interpretation and administration of this Act, the regulations and rules; prescribe procedures for the approval of telecommunications equipment for attachment to telecommunications networks in Liberia, using the least onerous method available, such as approval of equipment previously approved for attachment in specified countries or regions.”
Other functions include: “establishing a radio spectrum plan and managing radio spectrum allocated to the telecommunications sector;
(j) regulate interconnection between telecommunications networks of different service providers; establish and manage a numbering plan and allocate numbers to service providers; resolve disputes between service providers and between customers and service providers; institute and maintain appropriate measures to prevent service providers from engaging in or continuing anti-competitive practices, amongst others.
Amid the legal concerns raised by the practitioners, the onus is now on the President to address these issues and ensure that the appointment process at the LTA aligns with legal provisions and institutional guidelines.
