Africa-Press – Zambia. Public office – especially senior position – is becoming more and more dangerous. The aftermath is not guaranteed especially that decisions of public office require personal judgment and discretion in most cases. Simply, it is easy to “catch” any senior civil servant after office for abuse of abuse or neglect in duty.
It is public officers who carry out the political instructions and often under verbal instructions or scribbled notes on those coloured little pads. It is tough to be Director, Permanent Secretary or Secretary to Treasury. One must know how to balance political instructions and job responsibilities above politics. Many have been arrested or jailed after office.
This is why in 2016, when we amended the Constitution, we tried to protect the civil servants and the President under Article 93(1).
This provision reads; “A decision or instruction of the President SHALL be in writing under the President’s signature”
The rationale is that no civil servant should ever carry out instructions of the President or his superiors which are not written. Conversely, it was also aimed at protecting the President from those who may use his name, authority or power without his consent.
But how practical is this constitution provision?
Having worked closely with a President, I can attest that such a requirement can ground the operation of government. Presidents give directive either through aides verbally – most of them time – or telephone calls.
You cannot have the President writing letters on each and every decision or instruction made. This provision actually demands that the President should personally sign the letter of his decision or instructions. But then, can a Director, DC or PS refuse to take instructions of the President because they were not in written form? Food for thought.
Anyway, we have had arrests after arrests after top officials leave office. Look at what happened to former Secretary to Treasury Prof Mweene after 2001 polls. What about James Mtonga, Stella Chibanda and Bede Mpande. Excellent civil servants that got caught up in the politics. The trend has continued after change of government or presidency.
We need to find solution to this scourge. Every senior civil servant is a potential jailbird after losing office in Zambia. How can they be protected from politicians? Maybe we should get back to the old UNIP system of career civil servants – those picked and promoted on career lines than political expediency. Will that help?
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