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Momodou
Denmark
11823 Posts |
 Posted - 06 Sep 2012 : 11:44:27
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THE CONFLICTING ROLES OF THE HEAD OF THE CIVIL SERVICE
What is the rationale of running a country without relying on the constitution?
Foroyaa Editorial: Published on Wednesday, 05 September 2012
The Head of the Civil service is the competent authority for the civil service. Recently, Regional delegations paid visits to the State House to make representations for the halting of the executions.
It was not clear whether Dr Njogu Bah was speaking as a Minister for Presidential Affairs which is a political appointment or Head of the Civil Service which is as professional appointment. The two roles are diametrically opposed to each other. A Minister is appointed and removed by the President without consultation with anyone. The head of the civil service is appointed by the president acting in accordance with the advice of the Public Service Commission, from among persons holding an office in the public service on permanent terms .This is what is stated under Section 168 of the Constitution. A Minister is not holding an office in the public service on a permanent basis. In fact, the Constitution has said under Section 166 Subsection (4)(a) that, "in this Constitution, an office in the public does not include- the offices of President, Vice President, Speaker, or Deputy Speaker of the National Assembly, Minister or Member of the National Assembly".
Hence it is abundantly clear that under the present Constitution a Minister cannot be a member of the National Assembly or be a civil servant nor could a member of the National Assembly be a Minister or a civil servant
In fact Section 170 Subsection (2) of the Constitution states that "Any person who holds an office in the Public service who wishes to contest an election for a political office shall, prior to nomination as a candidate, obtain one year's leave of absence without pay which leave shall not be unreasonably refused."
Once the person wins a seat one must vacate the office.
The first lesson the Government should draw from the execution is the urgent need to put an end to impunity in governance. Governance according to personal whims and caprices in violation of constitutional provisions do not belong to the twenty first century. No government could have integrity by adopting such a culture of governance.
Source: Foroyaa
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A clear conscience fears no accusation - proverb from Sierra Leone |
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