Opposition leader Sogavare calls on PM Wale to stop abusing clause 22(j) for political means

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BY TONY IROGA

Leader of Opposition Manasseh Sogavare has accused Prime Minister Matthew Wale of abusing a clause within the contracts of senior public servants to remove them based on politics.

Mr Sogavare called out Mr Wale over reports that ‘public servants who are not considered loyal to the Government could face consequences for their employment’.

Clause 22(j) is a termination clause in the senior public service employment contracts which allows for the officials to be fired purely on political grounds and bypassing the oversight of the Public Service Commission (PSC).

PSC is constitutionally responsible for terminating public officials’ contracts. Under Section 116 of the Constitution, the PSC is vested with the explicit power to appoint, promote, transfer, remove, and discipline public officers.

Sogavare called on PM Wale to stop.

Since Wale came to power several senior public servants have been fired with immediate effect including four permanent secretaries, with no explanations. More terminations are reportedly in the pipeline.

Wale has not responded to enquiries sent by Island Sun via the PM Secretariat.

Mr Sogavare, in a statement on Tuesday this week, said the Public Service is a national institution established to serve the people of Solomon Islands and must remain professional, impartial and politically neutral at all times.

The Opposition is deeply concerned that clause 22(j) is now being used across senior public service contracts to terminate permanent secretaries and other senior officials solely because there has been a change of government or a change in government policy, the statement said.

This concern is heightened by reports that permanent secretaries in the Ministry of Finance and Treasury, the Ministry of Foreign Affairs and External Trade, the Ministry of Infrastructure Development, and Ministry of Police, National Security and Correctional Services have also been terminated under the same clause, the Opposition statement said.

“This clause allows a government to end a contract on political grounds, even where there is no allegation of misconduct, poor performance or breach of duty by the officer.

“By relying on clause 22(j), the Government has effectively claimed a right to remove senior public servants simply because they are no longer seen as politically convenient.

“This strikes at the heart of the constitutional principle that appointments, promotions and discipline of public officers are matters for an independent Public Service Commission, which is intended to exercise these powers free from political direction or control.

“When ministers can use contract clauses like 22(j) to sidestep the Commission, the door is opened to patronage, favouritism and the politicisation of the Public Service.

“Public servants do not serve political parties. They serve the State and the people of Solomon Islands,” Sogavare said.

The Opposition Leader said successive governments have depended on a professional Public Service to provide independent advice, implement government policies and ensure continuity through changes in political leadership.

“The Public Service is the machinery that implements the policies and decisions of the Government of the day. While public servants must be held to high standards of performance, they must also be provided with the right environment, support and conditions to carry out their responsibilities effectively,” he said.

“Our public officers should be assessed on their competence, professionalism, integrity and performance not on perceived political loyalty.”

Sogavare said public servants must be able to provide frank and honest professional advice without fear or political pressure.

“A strong democracy depends on strong institutions. Public servants must be able to carry out their responsibilities with confidence that they can provide professional advice in the national interest.”

He said any perception that employment, promotion or advancement within the Public Service depends on political allegiance risks undermining public confidence in the independence and integrity of the institution.

“The Public Service belongs to the nation, not to any political party or government. Governments come and go, but the Public Service remains the permanent machinery of government.”

Sogavare said the Opposition supports efforts to strengthen performance, accountability and professionalism within the Public Service, but such reforms must be guided by merit, competence and the rule of law.

“The people of Solomon Islands expect a Public Service that is professional, independent and capable of serving any government elected by the people. These principles must always be protected.”

The Leader of Opposition therefore calls on the Government to immediately cease the use of clause 22(j) as a basis for terminating senior public servants and to review all such contracts as a matter of urgency, the statement said.

At the same time, he urges the Public Service Commission to actively assert its constitutional mandate over appointments, tenure and discipline of public officers, and to ensure that any contractual arrangements are consistent with the principles of independence, merit and non-partisanship required by the Constitution.

Photo: Supplied

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