BY SAMIE WAIKORI
The Chairman of Law Reform Commission, Philip Kanairara raises concern on the possibility that certain clauses under the Public Service Bill 2025, may override provisions under other existing laws if it is to be passed.
Speaking before the Bills and Legislative Committee (BLC) yesterday, he signaled out clause (5) of the bill, which provides a blanket overriding provision to other laws that are inconsistent with it. Also, if the bill becomes act, it will prevail over other laws.
This is one of the areas Law Reform Commission has identified in the bill and it recommended not to take the approach.
Thus, better approach is for the bill to provide specific details of which laws, provisions in other laws the bill will override or the other way round when it comes to enforcement.
The chairman pointed out that in the context of other laws, provisions seem more relevant than under the Public Service bill 2025.
He said a classic example to spot the difference between the bill and other existing laws in the country is their penalties.
For example; the Public Service Bill, the Anti-Corruption Act and the Ombudsman Act have mentioned similar provisions of conducts like; impersonating and providing misleading information.
But they have different penalties, and it would definitely provide avenues for arguments, because laws are always about interpretation.
“So, to avoid this, it is better to have provisions and specify areas this law or this bill will override other laws,” Kanairara said.
The chairman raised the concern to at least see penalties provided under the bill is align with other existing laws.
In the meantime, he said the Law Reform Commission always supports government bills as they align to government policy and in this case, GNUT’s policy under the Ministry of Public Service in relation to providing and improving government functioning for service delivery.
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