The Public Service Commission (PSC) Chairman, Dr. Philip Kereme, is concerned about the amendments to the constitution and the organic law, which dismantle the public service management act.
“In 2014, the Minister for Public Service, Sir Puka Temu, got Parliament to pass amendments to sections 193 and 208B of the National Constitution, Section 73 of the Organic Law on Provincial Governments and Local-Level Governments and the Public Service (Management) Act 2014, which repealed the Public Service (Management) Act 1995,” Dr Kereme says in a statement.
These amendments effectively remove the powers and functions of the Commission to conduct merit-based assessment on candidates for appointment of heads of government agencies, states the PSC chairman.
“The PSC will also have no power to conduct investigations into allegations of misconduct by heads of government agencies and to make appropriate recommendations to the National Executive Council for appointment, dismissal or suspension of heads of government agencies.
“Under the aforesaid 2014 Constitutional Amendment, these powers and functions of the PSC are now vested on the Ministerial Executive Appointment Committee, especially established under Section 28 of the Public Service (Management) Act 2014 for this purpose,” says Dr Kereme.
The Ministerial Executive Appointment Committee is comprised of five Ministers of State. The Minister for Public Service is the chairman of this committee.
“Out of concern over the likely effect the vesting of the PSC's said powers might have on the appointment of heads of government agencies, as well as on the important issue of governance, and what this might conceivably or potentially bear on the issue of delivery of essential goods and services to the people of this country, Dr. Kereme decided to challenge the constitutionality and validity of the removal of the PSC's powers and functions,” the statement reads.
On November 24, 2015, Dr. Kereme filed a Supreme Court Application pursuant to Section 18(1) of the Constitution. He was seeking declaration that the 2014 Constitutional Amendments and the consequential enactments are unconstitutional and, therefore, invalid.
Dr. Kereme filed an interim application in the Supreme Court seeking orders to restrain the government from further pursuing those steps it is taking, pending the final determination of his substantive application.
“Finally, on July 26, the Supreme Court granted interim orders restraining the Prime Minister, the National Executive Council, the Speaker of National Parliament and the Minister for Public Service from taking any steps whatsoever to effect further amendments to Sections 193 and 208B of the constitution, Section 73 of the Organic Law on Provincial Governments and Local-Level Governments, the Public Service (Management) Act 2014 or other legislations,” reads the statement.
“The Supreme Court also restrained the NEC, the PM, the Public Service Minister and Department of Personnel Management secretary from taking steps to merge, or co-locate the PSC with the Department of Personnel Management.
“The order also restrains the Treasury minister, Treasury Department secretary and the Finance Department secretary from taking steps to transfer, divert or transact any part, or the whole of PSC’s 2016 budget appropriation, to other departments or agencies. This is pending the court’s final decision of the Chairman’s substantive application.”
The Chairman’s lawyers, Nemo Yalo Lawyers, are pursuing the prosecution of the application.
Dr Kereme is extremely happy that the Supreme Court, in the meantime, has granted the interim restraining orders. This is mainly to prevent prejudice being occasioned on his claims.
(The Supreme Court granted interim orders restraining the NEC, the PM, Public Service Minister Sir Puka Temu, centre, and Department of Personnel Management secretary John Kali, left, from taking steps to merge, or co-locate the PSC with the Department of Personnel Management. Temu and Kali are pictured with former chief secretary, Sir Manasupe Zurenuoc, in an event last year. Picture: Department of Personnel Management)