Liberia: Sen. Karnga Against Lands & Mines Ministry for Regulator

Monrovia — Senator Nyonblee Karnga-Lawrence (Liberty Party, Grand Bassa) has come out swinging against a controversial electricity legislation which aims to give the Ministry of Lands, Mines and Energy regulatory powers for the Liberia Electricity Corporation.

The Senator, in a communication expected on the floor of the Senate Thursday, voiced her dissatisfaction against the legislature stating that the Regulatory Commission cannot and must not be under the umbrella of the Ministry of Lands, Mines and Energy (Policy Maker) at any time even for a brief duration. “Incubating what should be an independent agency under the wings of the policy maker could affect the future orientation of the agency when it is removed from the Ministry,” the Lawmaker averred.

Senator Karnga-Lawrence added that the entire electricity sector includes 1) the Policy Maker (part of which may become law as determined by stakeholders); 2) the Regulator which ensures a fair implementation of the policy and laws; 3) Operating companies which may include i) Generation companies, ii) Transmission company, and iii) Distribution companies. The Lawmaker pointed out that there are already several generation or distribution companies but only one transmission operator which is why there is an independent regulator to serve as referee between generation and distribution companies.

The Lawmaker recommended and registered her dissent for the enactment of the electricity law, stating that for effective functionality, the membership of the regulatory board or commission must be at least five members but cautioned that in order to contain cost, the law could be passed such that the commission begins with three members and increased to five members within a specified number of years. The commissioners, Senator Karnga-Lawrence added need to have staggered terms so all commissioners terms cannot expire at the same time to ensure continuation institutional knowledge. “The law therefore must make provision for staggered terms of commissioners.”

The Minister prevailed on her colleagues to acceptance and include her recommendations especially the consideration of an independent regulatory body in accordance with international standards and best practices. “In simple terms, a player who is playing in the game cannot be allowed to be the referee in the game.” The Lawmaker said that because the Liberia Electricity Corporation (LEC) is a player in the game, representing the government of Liberia, it cannot serve as a referee or be the regulator of the Sector.

“Because electricity is the key factor to a nation’s growth and development, and also a factor for a weak private sector in Liberia, we must make decisions that will make the process reliable to attract investors as soon as possible if we want to see growth in the economy and a better living condition for our people.”

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