Separation of Power, Role of Civil Service, Political Appointments a Complicated Mix

Politics has permeated the civil service hierarchy that it has blurred the line between the legislature (Parliament) and the executive (civil service).

It is a key element in the stoush between Prime Minister Sitiveni Rabuka and Opposition leader Voreqe Bainimarama over holders of high profile jobs appointed by the Constitutional Offices Commission (COC).

Mr Rabuka said those ‘torn with divided loyalty’ should be given the opportunity to resign.

He was to responding to Mr Bainimarama in a video posted on the FijiFirst party Facebook page before the meeting, who said they had received reports that personnel from the Prime Minister’s Office had contacted commissioners from the COC and from the Public Service Commission (PSC) telling them to resign as there was a new Government.

While the COC is responsible for the appointment of ten high profile positions comprising:

■ the chairperson and the members of the Human Rights and AntiDiscrimi¬nation Commission;

■ the chairperson and the members of the Electoral Commission;

■ Supervisor of Elections;

■ Secretary-General to Parliament

■ the chairperson and the members of the Public Service Commission;

■ Commissioner of Police;

■ Commissioner of the Fiji Corrections Service;

■ Commander of the Republic of Fiji Military Forces;

■ Auditor-General

■ Governor of the Reserve Bank of Fiji

He asked why the Prime Minister’s office was involved in the matter when the Constitutional Offices Commission and the Public Service Commission were independent bodies.

Mr Rabuka said: “For those that we feel would probably be torn by divided loyalty, they should be given the opportunity to resign or we will look at their contract and find legal ways of termi- nating the contract.”

Proper process

He said it was only fair to them that they went through the proper processes.

It needs to be clarified that all civil servants from the permanent secretary down should be apolitical. Their role is to support the Government of the day and implement its policies.

When there is a change of Government they are expected to support the new Government in implementing its policies irrespective of their political beliefs or affiliation.

The leakage of internal and confidential information to the public before and after the election whether it was politically-motivated or not is a breach of a code of ethics that civil servants signed up for.

Under the Information Act 2018 titled Exemption from Disclosure of

Information, it outlines 15 items including Cabinet-classified state secret, Cabinet documents, including records of deliberations of meetings or decisions of Cabinet, and any other information, the disclosure of which, the Public Service Commission deems is not in the public interest.

It replaced the Official Secrets Act, an archaic British law we inherited.

It basically banned civil servants from divulging confidential information.

Information leak

Mr Bainimarama’s claims that a personnel in the Prime Minister’s Office had contacted the commissioners in the COC and the PSC and asked them to resign is a classic example of information being leaked. Another example was his claim about changes under the AttorneyGeneral’s wing.

While it is not clear where the leak came from it makes the civil service, PSC and the COC vulnerable to public scrutiny, especially on social media.

It makes the doctrine of separation of powers meaningless when the legislature and the executive are bogged with politics under the

PSC.

It is understood that a number of permanent secretaries are facing an uncertain future because they were loyal to the former Government.

By the same token, others were not and are understood to have welcomed the new coalition Government.

This will become clearer in the days and weeks ahead.

Those appoinments under the PSC and COC are deemed politicallymotivated because of their composition.

The Government appoints members of the commission.

In the COC, the Government will always have the last say because it has a majority of members.

It holds the power to choose who should be appointed. FijiFirst had that power for eight years in Government.

Now the coalition Government holds the power and it will decide the appointments for the next four years.