IPNEWS: Liberia’s Minister of Justice and Attorney General, Cllr. Natu Oswald Tweh, Sr., has expressed strong legal, institutional, and political reservations about the Legislature’s passage of the revised Port Authority Act, asserting that the law fails to remedy critical concerns raised by President Joseph Nyumah Boakai, Sr. in his veto message.
In a formal legal opinion submitted to the Executive, Cllr. Tweh cautioned that the revised Act weakens established maritime governance structures and sets a troubling precedent for interbranch relations, potentially straining Liberia’s constitutional balance of power.
Executive Exclusion Sparks Governance Concerns
The Justice Minister criticized the Legislature for advancing sweeping port sector reforms without substantive consultation with the Executive, describing the move as carrying “profound political and institutional implications.”
He warned that proceeding unilaterally on major governmental restructuring signals a shift toward an adversarial relationship between the branches of government—one that could encourage future legislatures to sideline the Executive on other critical national issues.
According to Cllr. Tweh, Liberians expect coordinated governance, with the Executive and Legislature working collaboratively to resolve national challenges. Persistent public disagreements over major reforms, he noted, risk eroding public trust in government effectiveness.
Hybrid Governance Model Lacks Global Precedent
In a separate assessment, the Justice Minister faulted the Act’s structural design, describing it as a hybrid framework that draws from multiple international port governance models without clearly adopting any single, proven system.
While acknowledging that innovation is not inherently problematic, he stressed that such a novel structure demands rigorous justification and detailed planning—elements he said are conspicuously lacking in the current legislation. He further observed that the framework has no clear precedent among successful maritime administrations worldwide, raising doubts about its long-term sustainability.
Presidential Veto Concerns Still Unaddressed
President Boakai’s earlier veto of the Port Act cited several substantive legal and policy objections. However, Cllr. Tweh concluded that the revised version leaves these concerns largely unresolved.
Among them is Substantive Issue #6, which warned against weakening the Liberia Maritime Authority (LiMA). The President had cautioned that transferring key regulatory powers to a new agency would render LiMA partially redundant. According to the Justice Minister, Section 720(1) of the revised Act still shifts core regulatory functions, effectively ignoring the veto concern.
Likewise, Substantive Issue #4 objected to provisions granting the new agency authority to enforce maritime regulations, including the inspection and supervision of seacraft. Cllr. Tweh noted that Section 506 of the revised Act continues to assign these expansive powers.
Another unresolved matter, Substantive Issue #9, involves the allocation of 10 percent of all port revenues to finance the new agency. The Justice Minister confirmed that Section 406 of the revised Act retains this provision, despite presidential objections regarding its breadth and fiscal implications.
Call for Legislative Reconsideration
Taken together, the Justice Minister’s opinions suggest that the revised Port Authority Act remains fraught with legal and institutional deficiencies. He implicitly urged lawmakers to revisit the legislation with due regard for constitutional balance, administrative efficiency, and respect for executive authority.
As national debate intensifies, Liberia’s port governance reform has become a focal point in a wider conversation on the rule of law, separation of powers, and the future of effective democratic governance.
