The government’s recent review of cities across Liberia has raised concerns in several communities. Many residents are trying to understand what the exercise means for the legal status of their cities and whether the Executive Branch has the power to change that status on its own.
The answer begins with the Local Government Act of 2018, particularly Section 2.16.
The Act sets requirements for communities to qualify as cities. These include population, electricity, water, sanitation, schools, health facilities, roads, transportation, communication and other basic services.
The law also provides a process for reviewing existing cities.
Section 2.16(c) says existing cities, except Monrovia and county capitals, retain their status. Seven years after the Act was passed, the minister responsible for local government is required to report to the Legislature on the status of those cities for purposes of reaffirmation.
The same provision says a city that does not meet the requirements may be relegated to town status.
That language matters because it does not simply say that the minister can dissolve a city.
Relegation and Dissolution Are Not the Same
A major part of the confusion comes from the way these terms are being used.
Reaffirmation means confirming that a city continues to meet the requirements for city status. The city remains a city.
Relegation means changing the classification of a city to a town because it does not meet the requirements set by law. The community does not necessarily disappear. Its status changes from city to town.
Dissolution is something different. It means bringing the legal existence of the municipality itself to an end.
That distinction is important because Section 2.16(c) specifically talks about relegating a city to town status. It does not describe that action as dissolution.
An assessment is different again. It is simply the process of checking whether a community meets the standards required by law. An assessment does not, by itself, tell us what the final legal status of the community will be.
So the terms should not be used interchangeably:
Assessment: Government checks whether the city meets the legal requirements.
Reaffirmation: The city continues to be recognized as a city.
Relegation: The city is moved to town status.
Dissolution: The municipality itself is legally brought to an end.
The government should therefore be clear about what action has been taken against each community.
The Executive and Legislature
The Executive and Legislature have different responsibilities under Liberia’s constitutional system.
The Executive Branch, through the ministry responsible for local government, administers the local-government system and carries out duties given to it by law. That includes conducting assessments and preparing the report required under Section 2.16(c).
The Legislature has the constitutional power to make laws. Article 29 of the Constitution vests legislative power in the Legislature, while Article 34 gives the Legislature authority concerning the creation of counties and other political subdivisions.
Section 2.16(c) also requires the minister to report to the Legislature on the status of the cities covered by that provision.
This does not automatically mean that every finding made by the Ministry must be approved by a new Act of the Legislature. The effect of the Ministry’s findings depends on the Local Government Act and, importantly, the law or legal instrument under which each particular city was established.
That is why it would be too broad to say that the Executive has no authority to change the status of a city. It would also be too broad to say that the Executive has unlimited authority to do so.
The Executive can assess and administer where the law gives it that responsibility. The Legislature makes, changes and repeals laws within its constitutional authority.
The question is how those powers apply to the particular cities affected by the current exercise.
Why Section 9.2 Matters
Section 9.2 of the Local Government Act also deserves attention because it deals with the establishment of counties, cities and townships by the Legislature.
This means the legal history of each city matters.
Some cities may have been established through specific legislative acts, while others may have received their status through different legal provisions. Before deciding what authority is required to change a city’s status, those legal documents should be examined.
This is also why a single answer may not necessarily apply to every city in the country.
County Capitals Are Different
Section 2.16(b) provides that existing county capitals, as well as county capitals established in the future, are designated as cities.
Section 2.16(c), however, deals with existing cities other than Monrovia and county capitals when setting out the seven-year reaffirmation process.
That distinction should not be overlooked.
Any review of county capitals should therefore take into account the separate language used for them in the Act.
What the Government Should Explain
The government has the right to enforce the standards set by the Local Government Act. There is nothing unusual about checking whether communities that carry city status meet the legal requirements.
What matters is how the government applies the law after completing the assessment.
The Ministry should make clear which communities were assessed and what the assessment found.
If a city’s status was reaffirmed, that should be stated.
If a city was relegated to town status, the government should identify the legal provision and procedure used to make that change.
If the government says a city has been dissolved, it should explain what that means legally and identify the law or legal authority under which the municipality’s legal existence was ended.
This is important because relegating a city to town status and dissolving the municipality are not the same thing.
The Constitution provides for three branches of government and separates their powers. The Legislature makes laws, the Executive carries them out, and the Judiciary interprets them when disputes come before the courts.
That separation matters when government decisions affect the legal status of communities.
For now, the safest conclusion is that the Local Government Act clearly provides for the review of cities and the possible relegation of cities that fail to meet the required standards. But whether a particular city can be completely dissolved, or have its legal status changed through administrative action alone, requires a closer look at the Act and the specific law or legal instrument that established that city.
The government can help settle the confusion by publishing the assessment results, identifying the action taken in each case and citing the legal authority for that action.
Liberians deserve to know whether their community remains a city, has been relegated to town status, or has been affected by some other legal decision.
More importantly, they deserve to know the law under which that decision was made.
