Martin K. N. Kollie writes…

Here are 10 important pointers to consider.

I hope DG Josiah Joekai takes this in good faith. President Joseph Nyumah Boakai has to call him to order and immediately nullify/reverse his latest press release as attached. Here’s why.

After returning from a brief 1-week break, I find it compelling to share some thoughts on trending issues. Let’s begin with CSA vis à vis MCC’s latest decision to dismiss pro-CDC supporters based on Joekai’s recommendation.

1) The CSA is becoming controversial, commotional, and confrontational.

2) The CSA has no authority to dictate, regulate, censor, teleguide, restrict, or control how, when, where, and to whom a civil servant speaks. The CSA is neither speech police nor a regulator of speech.

3) The CSA presumably or unknowingly misinterpreted and misrepresented Chapter 4 Section 2.1 and Section 2.2 of its Standing Orders as well as Chapter 9 Section 2 of its HR Revised Policy Manual. Here’s how and why.

4) The CSA quoted Chapter 4 Section 2.1 and Section 2.2 of the CSA Standing Orders as well as Chapter 9 Section 2 of the HR Policy Manual as its reliance to discipline civil servants for saying whatever they want to say. The 2012 Standing Orders as inscribed in Section 2.1 and Section 2.2 speak about “CSA initiating disciplinary proceedings in cases of misconduct or general inefficiency after adequate due process”. Chapter 9 Section 2 of the 2013 CSA Policy Manual speaks about “…exhibiting good conduct”.

5) Section 2.2 of CSA Standing Orders defines “misconduct” as incompetency/inefficiency with 2 warning letters as a penalty; unauthorized absences with payroll deduction and dismissal for a 14-day absence as a penalty; a conviction of a felony with dismissal as a penalty; disorderly or immoral conduct with 2 warning letters followed by dismissal as a penalty; and insubordination with 2 letters of warning followed by transfer or dismissal. Additionally, Chapter 9 of the CSA’s HR Manual pertinent to “conduct” focuses on sexual conduct in the workplace and not expressive conduct or speech as conduct.

6) None of these two Laws as quoted by the CSA says anything about “disrespectful, derogatory, and unfounded remarks on social and mainstream media platforms” as claimed by this attached CSA’s release. There’s nothing in CSA Standing Orders and the HR Revised Policy Manual that says this. The CSA’s release intentionally and inaccurately suggested what constitutes “misconduct”. This is disinformation. Besides, CSA is NOT the Court to interpret that which is not in the law. The CSA Law is silent on what constitutes “insult” or “defamation” or “expressive conduct”. Joekai can’t etch it there by force simply to prove a point or target a certain group. It is wrong.

7) The recent recommendation from CSA for MCC to fire or dismiss pro-CDC supporters or opposition partisans employed as civil servants is illegal, intolerable, and anti-democratic. The dismissed civil servants were never even accorded due process to exculpate themselves as required by the very same CSA Law. Furthermore, CSA’s definition of “misconduct” does not constitute “defamation/invective” and has no relationship to “speech as conduct”.

8)The Law on Defamation (e.g. Criminal Libel and Slander) restricting or controlling freedom of speech was repealed in 2019. The CSA’s latest press release goes contrary or is an infraction of the February 21, 2019 KAK Act of Press Freedom and the Table Mountain Declaration signed by Liberia on July 21, 2012 which condemned and described “laws on insult” as a severe obstacle to free speech and press freedom. International Press organizations could use Josiah Joekai’s press release against this government. His action could widely be considered a crackdown on free speech. I advise that his release be nullified and/or reversed by the government.

9) It is inappropriate, unmannered, un-African, and un-Liberian to insult an elderly Statesman or any elderly person for that matter, let alone a President. This is condemnable. But that’s free speech. Freedom to insult is globally considered free speech. Even in the USA, sitting presidents are insulted by civil servants including federal unionists. The CSA is not a speech police. Even the Ombudsman isn’t.

10) DG Josiah Joekai needs to focus on professionalizing and reforming CSA. He needs to leave social and mainstream media. JJ is the boss. He needs to allow his deputies to work and report to him. For instance, CSA has a Deputy for Operations responsible for Headcount and a Director for Media and PR. Joekai is doing headcounts and media work. He’s doing just everything and he’s just everywhere. Who does he report to or who reports to him? I thought his deputies/subordinates should be reporting to him. This is not leadership. Joekai is out of order and he has to slow down.

As an activist who’s a firm believer and defender of free speech and press freedom, we won’t allow anyone to restrict, censor, control, direct, dictate, or crack down on free speech and press speech. We did not allow it yesterday. We won’t allow it now or even tomorrow.