Let the civil service be independent again.
Suva lawyer Jon Apted invited the coalition Government to do this while speaking at the Fiji Law Society Convention 2023, at the Pearl Resort in Pacific Harbour yesterday.
He said the work of the executive was done by the public service, and traditionally, separation of powers was upheld by the fact that the civil service used to be appointed to be independent of the ministers that they worked for.
“The executive in the form of the ministry comes out of the political party or parties in power,” Mr Apted said.
“To keep the executive as independent as possible from the legislature, from 1970 until the 2013 Constitution, the civil service was independent of the Government.
“They did the government’s job, they came under the minister, but they were not there at the minister’s whim or discretion.”
Mr Apted said civil servants used to be appointed by a Public Service Commission which was independent and they had security of tenure.
“They could not be removed except of cause by the PSC through a fair process, and the whole system used to be a fundamental part of the separation of powers.
“You were a civil servant, you were appointed, you were there for life subject to good behaviour.
“Ministers and the political parties came and went.
“Your job was to implement their policy but they could not pick and choose or remove you for political reasons.
“Under the present Constitution, only the permanent secretaries are appointed by the PSC.
“Permanent secretaries then appoint the civil servants, leaving aside the important constitutional offices appointed by the COC.
“What is wrong is the life security that used to exist, the inability of politicians to remove civil servants at whim has gone.
“Now civil servants are appointed on fixed contracts, leaving them vulnerable to political pressure.
“The executive, under the 2013 Constitution, is no longer as independent of the legislature and the party in power as before.
“And that’s an area that I invite the new Government to look at.”
