Fresh warning over civil service clean-up

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The government is under increasing pressure over the “lawless” manner in which senior officials are firing public servants accused of corruption and incompetence

Dar es Salaam. The government is facing fresh criticism and widespread anger over “lawlessness” as cabinet ministers, their deputies and regional leaders continue wielding the whip on public officials accused of ineptitude without following due process.

Discontent erupted again yesterday with the shadow minister for Public Service Management and Good Governance, Ms Ruth Mollel, warning the government its disregard of the rule of law would backfire. In a statement, Ms Mollel said the past few months have seen an increasing number of political leaders, including ministers and their deputies, regional and district commissioners stepping out of their bounds to take disciplinary action against civil servants they accused of various offences.

“This country cannot be governed through personal opinions and decisions while there are laws set to be adhered to,” she said, “They are infringing on the Public Service Act of 2002.”

Ms Mollel is a former permanent secretary in the fourth phase government under Mr Jakaya Kikwete.

She cited the case of a CCM Member of Parliament in Geita Region who last week “demoted” head teachers and “disciplined” others as a sign that the government was increasingly flouting the laws.

“If this trend continues, it will lower productivity in civil service and affect general development,” she said.

“We have been witnessing cases of civil servants being fired and demoted without being given the opportunity to be heard, and this has created fear and demoralised the majority of the workers.”

There was widespread condemnation from within and outside the country at the beginning of the year after President John Magufuli sacked hundreds of senior government officials in a major crackdown on corruption and civil service ineptitude.

His critics accused him of acting impulsively by firing workers without giving them the right to be heard. They said he was acting against laws governing public service.

The government dismissed the criticism.

Cabinet ministers and regional authorities, accused of acting on impulse to please the President, have also joined the drive.

Some have been publicly condemning civil servants they accuse of corruption and incompetence.

The criticism has not been confined to the Opposition.

Trade Unions have also been threatening to drag the government to court over the “unfair dismissals”.

In an interview with The Citizen on Saturday yesterday, the Tanzania Teachers’ Union (TTU) demanded to know why the government continued to ignore calls for it to observe the law in disciplining civil servants.

Mr Ezekiah Oluoch, deputy secretary of the TTU, said ministers and their juniors were “jumping to conclusions” and trampling on the Constitution.

“The Public Service Act clearly spells out the distinct roles of offices that appoint public servants and those mandated to carry out disciplinary action,” he said, “Sadly, we continue witnessing what amounts to unwarranted disciplinary action by ministers, deputy ministers and juniors at the regional and district levels.”

He said the TTU would keep on pressing the government to deviate from its approach, which gave the country a bad reputation for not respecting the rule of law.

And Ms Mollel, a special seats MP (Chadema), urged the government to stop victimising civil servants and instead educate freshman presidential appointees on separation of powers.

“President Magufuli and his government should lead by exactly and carry out their duties within the bounds of the country’s laws,” she noted.

According to Public Service Act (2002), the President has delegated disciplinary authority to only five government officials. These are the Chief Secretary, permanent secretaries, regional administrative secretaries, heads of parastatals and district executive directors.

Mr Olouch said the courts have reversed some of the dismissals including that of Mr James Gwajilo, a local government executive, and Mr Shehe Kimweki, an immigration officer. The two had been fired after they were accused of economic sabotage.

Trade Union Congress of Tanzania (Tucta) secretary general Nicholas Mgaya said they were planning to meet (as workers’ representatives) to discuss the situation and agree on the way forward. “We are not happy with the way our members are being treated,” he said.