Constitutional, rights commissions afforded...
the National Assembly.”
It is instructive to note that all these commissions receive financing as a direct charge from the Consolidated Fund and are not subject to the same treatment as other budget agencies. Further, Article 226 (1) of the constitution states: “saved as otherwise provided in this Constitution, in the exercise of its functions under this Constitution a Commission shall not be subject to the direction or control of any other person or authority”.
As a result of the stated above I offer the following guidance:
1. No member of the executive, the Speaker or any member of the National Assembly or staff can interfere with the work and functions of these commissions.
2. The National Assembly is responsible for the process that leads to the naming of the commissioners; once that is accepted by the National Assembly their role is completed.
3. The President, according to the constitution is responsible for the swearing in of these commissioners; once that is done the President’s role is completed.
4. These commissions are to work independently and they provide their reports to the National Assembly.
5. It is the commissions that advertise, interview, recruit and sign contracts with their staff. The government or any of its servants or agents has no role in staffing these commissions since these commissions are expected to review and pronounce on government’s actions. The staff cannot be beholden to the executive as a contract with the executive compromises the staff, who is the recipient. This should not be allowed and should be rejected by all parties concerned.
6. It is the various commissions that will determine the remuneration of members of staff subject to the approval of the National Assembly. It therefore follows that it is the various commissions that will determine the contract and terms and conditions of those contracts, not an external authority.
7. It is expected that all commissioners, once sworn in and duly appointed, function independently, impartially, without fear and favour in the execution of their duties and should ensure that their support staff are suited and are free from political interference.
8. The general public, particularly members of civil society organizations who participated in the process that allows for the appointment of commissioners should not sit in silence and allow these constitutional bodies to be undermined, hijacked or influenced by the executive or any other authority. Breaches must be exposed, condemned, addressed and it is expected that the constitution be upheld as the supreme law of the land.
I write this letter as the former Chairman of the Ethnic Relations Commission and as a Member of Parliament and member of the parliamentary Committee of Appointments and Public Accounts Committee.
I will be carefully following and publicly speaking on this matter even as we now have in place the Public Procurement Commission and we are getting ready to name new commissioners for the other rights and constitutional commissions.
Yours faithfully, Bishop Juan Edghill