Ambulah Mamey, a prominent policy analyst often called the “Gbarpolu boy,” has issued a stark warning against the Liberia Sea and Land Port Regulatory Act, a piece of legislation currently under consideration by the House of Representatives.
Mamey’s concerns center around the potential harm the Act could do to Liberia’s economic and governance structures. He argues that the law, if enacted, will bring confusion to port management, impose unnecessary financial strain, and create a governance conflict that could compromise Liberia’s standing in the global maritime sector.
At the core of Mamey’s opposition is the Act’s proposal to establish a new agency that would regulate Liberia’s seaports while simultaneously engaging in commercial port operations. He points to a law section granting this proposed regulatory body the authority to acquire, develop, and operate port facilities. Mamey describes this provision as a direct violation of Liberia’s standard practice, which keeps regulatory and commercial functions separate to ensure transparency and avoid conflicts of interest. He draws a parallel between this proposal and the ongoing Senate hearings attempting to prevent the Liberia Petroleum Refinery Company (LPRC) from managing regulatory and operational responsibilities in the petroleum sector. Mamey argues that the same standard should apply to port governance.
In Liberia’s history, the separation of regulatory oversight from commercial activities in state-owned enterprises has been a key tenet of governance. The Liberia Telecommunications Authority (LTA) regulates the telecom sector while LIBTELCO delivers services, and the Liberia Petroleum Regulatory Authority (LPRA) oversees the petroleum industry while NOCAL handles the business side. According to Mamey, the new regulatory agency would disrupt this model, presenting a dangerous governance conflict that would undermine Liberia’s overall regulatory framework.
Mamey also points out the significant function overlap between the proposed agency and the Liberia Maritime Authority (LiMA), which regulates the country’s maritime industry. The new law would give the proposed agency authority over several key functions that LiMA already handles, including enforcing international maritime conventions, training standards, and regulating maritime insurance. Mamey contends that this duplication of duties will create confusion both within Liberia and internationally, particularly when maritime organizations try to determine which body holds ultimate authority over these matters.
The financial burden of the proposed agency is another area of concern. According to Mamey, the new law introduces a funding mechanism that will strain Liberia’s already insufficient national budget. The Act proposes financing the new agency through a combination of national budget allocations, new fees for port users, and a 10% levy on revenue collected by port operators. Mamey warns that these added costs will directly impact Liberians, as increased fees will be passed on to consumers in the form of higher prices for imported goods. He believes that the government should focus on strengthening existing institutions like LiMA instead of creating another bureaucratic layer that will only increase costs for businesses and consumers.
In his memo to the House of Representatives, Mamey highlights that the proposed law starkly contrasts the regulatory practices of other African nations. He presents data showing that countries such as Nigeria, Ghana, and Senegal keep regulatory functions within maritime authorities while allowing port authorities to handle commercial operations. Even South Africa, which does have a dedicated port regulatory agency, maintains the operational management of ports under Transnet National Port Authority to avoid unnecessary complications. Mamey argues that Liberia should follow the example of these nations and focus on strengthening existing institutions rather than creating a new agency that will only add to the confusion and inefficiency.
Global best practices further support Mamey’s concerns. The World Bank’s Port Reform Toolkit cautions against excessive regulation, advocating for independent oversight to foster competition and innovation within the port sector. Mamey stresses that instead of adding another layer of bureaucracy, Liberia should focus on improving the efficiency of its current institutions. He calls on the Legislature to abandon the proposed law and redirect its efforts towards modernizing the National Port Authority (NPA), ensuring it is aligned with best practices in port governance and can better serve Liberia’s needs.
Mamey also points to the Single Window Initiative, a reform stalled for years, as a vital component of port efficiency. He urges lawmakers to work with the Executive to fast-track this initiative to streamline port transactions and reduce costs for businesses and consumers. According to Mamey, these reforms would improve Liberia’s port infrastructure without creating a new agency that could complicate an already struggling system.
