PUBLIC Service Minister Sir Puka Temu has rejected the suspension of acting secretary for Agriculture and Livestock Dr Vele Pat Ila’ava and appointment of new acting Vele Kagena, claiming the DAL Minister Tommy Tomscoll does not have powers to suspend and appoint.
In a letter to Mr Tomscoll dated Monday 28 January, Sir Puka stated that as
Minister responsible for the Public Service, it was his responsibility on all
matters concerning the appointment, suspension and revocation of departmental
heads and portfolio ministers are required by law to consult with his Ministry
in disciplining departmental heads. “Therefore your action in suspending Dr
Ila’ava and appointing Mr Kagena as the new acting secretary is incorrect and
improper in law because it is not in compliance with the constitution and the
Public Service (Management) Act,” Sir Puka said.
He said the process of appointment, suspension and revocation of a departmental
head is provided for under section 19 of the constitution and section 31D of the
PSMA.
“These provisions require my ministry to consult the Public Service Commission on the need to investigate any activities on the conduct or performance of a departmental head which would constitute grounds for the suspension or revocation of appointment under a contract of employment entered into by that departmental head and the State,” Sir Puka said.
“Please note that Dr Vele Pat Ila’ava is still acting secretary and it is therefore not necessary to suspend his acting appointment but rather revoke his acting appointment and make a fresh acting appointment in consultation with my ministry and PSC.
“In any event, as required by law, if you have any evidence of wrong doing against Dr Ila’ava then you are required to bring the evidence to the attention of my ministry and the PSC in order to facilitate the revocation of his acting appointment for a fresh candidate as acting secretary.”
“These provisions require my ministry to consult the Public Service Commission on the need to investigate any activities on the conduct or performance of a departmental head which would constitute grounds for the suspension or revocation of appointment under a contract of employment entered into by that departmental head and the State,” Sir Puka said.
“Please note that Dr Vele Pat Ila’ava is still acting secretary and it is therefore not necessary to suspend his acting appointment but rather revoke his acting appointment and make a fresh acting appointment in consultation with my ministry and PSC.
“In any event, as required by law, if you have any evidence of wrong doing against Dr Ila’ava then you are required to bring the evidence to the attention of my ministry and the PSC in order to facilitate the revocation of his acting appointment for a fresh candidate as acting secretary.”
Sir Puka said in his letter that there is absolutely no documentary evidence in
his office and the PSC to support the actions taken by Minister Tomscoll.
“I must therefore advise that Dr Ila’ava is still acting secretary for the department of Agriculture as per the NEC Decision No. NG 05/2012 of August 15, 2012,” the Public Service minister said.
“Furthermore, the purported appointment of Mr Kagena as acting secretary to replace Dr Ila’ava has not been done in compliance with the law and therefore is of no effect,” Sir Puka said in his letter.
“I must therefore advise that Dr Ila’ava is still acting secretary for the department of Agriculture as per the NEC Decision No. NG 05/2012 of August 15, 2012,” the Public Service minister said.
“Furthermore, the purported appointment of Mr Kagena as acting secretary to replace Dr Ila’ava has not been done in compliance with the law and therefore is of no effect,” Sir Puka said in his letter.
No comments:
Post a Comment