No explanation yet on ACC, CHRPA merger-NAPSAWU

MBABANE – Explanation! The National Public Service and Allied Workers Union (NAPSAWU) General Secretary (SG), Thulani Hlatshwayo has said that they are still waiting for an explanation from government concerning the merger of the Anti-Corruption Commission with the Commission on Human Rights and Public Administration (CHRPA).

Government is in the process of overseeing the merger of both the parastatals into a single entity while some employers, especially from the ACC have disclosed that they were not happy with the decision and hereby sought for the intervention of their labour organisation.

Reacting to that, NAPSAWU then wrote a letter to the Ministry of Public Service and the Ministry of Justice and Constitutional Affairs threatening to take the matter to the High of Court to for an interdict, stopping government from proceeding with the merger process.

In the letter, NAPSAWU accused government of ignoring the recognition agreement, which demands that the organisation be engaged pertaining all changes and labour-related issues touching on the welfare of their members.

WAITING

“Nothing has been communicated, we had requested for an explanation on the processes of the merger but so far there is no response from government,” said Hlatshwayo.

Hlatshwayo then advised their members who are the employees of the ACC to stand together and speak in one voice, so that government can succumb to their demands, which is abandoning the implementation of the merger.

“The petitions are not working for us we have delivered so many and nothing has happened. We just have to convince our membership that their strength is only unity and to speak in one voice than government will succumb to our demands. Without that she will continue doing as she pleases,”Hlatshwayo pointed.

Some ACC employees have decried that the merger process will reduce the entity into an ordinary non-governmental organisation (NGO) and it will no longer be able to function properly.

Speaking on condition of anonymity, the employees said they are considering quitting from the parastatal as government is hell bent in not adhering to the United Nations Conventions which stipulates that the ACC be an independent entity.

Meanwhile, Commissioner of CHRPA Sabelo Masuku in an earlier interview expressed confidence that the interest of employees including that of the commissioner would be taken care of, once the restructuring process got underway.

The decision to merge the entities came after Cabinet identified an overlap on the mandates of the two commissions when the Ministry of Justice and Constitutional Affairs submitted the proposed Human Rights and Public Administration Bill, according to the Justice Ministry.

Principal Secretary in the Ministry of Justice and Constitutional Affairs Thembinkosi Mamba had recently explained that a consultant would be engaged to provide technical assistance and advice to the ministry on policies regarding implementing the Cabinet decision in a manner that did not position both government and the current employees of the two commissions in a worse position.

According to an independent legal expert, the merger of the entities should have been done a long time ago because legally, the Human Rights Commission enjoys constitutional supremacy.

In terms of Section 164 of the Constitution, the Human Rights Commission primary functions are to investigate complaints concerning violations of human rights and freedoms, injustice, corruption, abuse of power and unfair treatment by public officers.

CORRUPTION

“The Human Rights Commission by virtue of having constitutional supremacy also has a constitutional mandate to investigate corruption, then it was definitely a duplication of roles and merging the two was the right thing to do, which in fact should have been done a long time ago,” according to the expert.

The legal expert further pointed out that it could have been possible for a person to challenge his arrest by the ACC on grounds of it not having the powers to arrest, citing the Constitution, which gives the Human Rights Commission the authority.

“Actually, this no different from what government is doing in merging parastatals.

“A duplication of operations and or services is a huge financial drain to any government. As the minister explained, this is not about the employees or positions but about getting it right while at the same time ensuring all systems is in order as they should be.”

Expounding his point, the expert made an example of how Ghana got it right the first time.

In Ghana the Commission on Human Rights and Administrative Justice was established in 1993 pursuant to Article 216 of the 1992 Constitution to, among others, investigate complaints of violations of fundamental human rights and freedoms, injustice and corruption, abuse of power and unfair treatment of persons by public officers.

“This is exactly how it has been framed in our Constitution. The only difference is that under the Human Rights Commission is also the office of the Ombudsman, which means it has three institutions under one umbrella.”

The Ghana Commission of Human Right investigates complaints of violations of human rights and provides remedies for victims of human rights violations; all instances of alleged or suspected corruption and the misappropriation of public monies by officials as well as breaches of the code of conduct for public officers (including assets declaration and conflict of interest) and protects whistleblowers.

It is also the Ombudsman of Ghana, responsible for ensuring fair administration.

It has a constitutional duty to educate the Ghanaian public about human rights and freedom.

“The expectation now that the entities will be merged is that the Human Rights Commission will be better capacitated to deliver on its mandate. Also how they set up the institution will also be critical because they cannot maintain the same status quo.

“They will need people with skills such as those from the Anti-Corruption Commission.” Recently said Dan Dlamini who replaced Advocate Thanda Mngwengwe as ACC commissioner.

He is the fourth commissioner since the inception of the ACC in 1998 and may be the last.

Previous commissioners include Mike O’Connor, the late Justice Michael Muthega and Advocate Mngwengwe who served from 2013-2018.

Dlamini has previously worked for the ACC from 1998 – 2010 as an investigator, senior ACC officer as well as chief anti- corruption officer.

Employees of the ACC in the past week disclosed that a delegation from Ghana was here in Eswatini to capacitate government and them concerning the merger of both parastatals.

Worth noting is that government is in a process of merging all the parastatals in the country in an effort to cut costs.