Public Servants Concerns on Unfair Application of Public Service Disciplinary Procedures ^Featured

GROWING CONCERNS AMONST PUBLIC SERVANTS ON:

(1) Unfair Application of the Public Service Disciplinary Procedures Regulations 2010 when Senior Officers are Involved; and also

(2) of Senior Public Servants Alleged to have Committed Criminal Activities in the Public Service but Nothing is Done About It.

There is growing concerns amongst the public servants over unfair application of the Public Service Disciplinary Procedures Regulations 2010 and nepotism when Senior Officers involved are related to the Ministers. On the 13th January 2016, the PSA have informed the Chair of the Public Service Commission (Commission) of this problem, followed up on the 01st of February and again yesterday.

This problem pertains to an unfair decision of the Minister of Finance, Hon. Dr. ‘Aisake Eke, when he reported to the Commission to investigate 3 public servants from the Ministry of Internal Affairs for not complying with the Procurement Policy when implementing a road maintenance project in Nukunuku in 2012. The Minister reported these public servants to the Commission in 2014 after he was appointed by the former Government as Minister of Finance. According to the Minister in a press conference late last year, this was done so that the payment of the contractors could be made because the work has been completed. The 3 officers were suspended without pay whilst the investigation was undertaken.

A similar case of non-compliance with the Procurement Policy happened early last year by the former Acting Chief Secretary & Secretary to Cabinet, Mr. ‘Aholotu Palu, who is also the Minister of Finance’s first cousin. Mr. Palu did not procure the interview of the Prime Minister with Forbes held on the 11th of February 2015 nor did he inform the Prime Minister that the interview was going to cost Government about quarter of a million dollars before the interview was conducted.

The Minister of Finance, instead of referring Mr. Palu to the Commission for investigation for non-compliance to the Procurement Policy, submitted to Cabinet on the 27th April 2015 for the payment to Forbes to be made and a late limited procurement to be considered.

The shortfall here is the Minister of Finance NOT making the same decision he made to the 3 public servants from the Ministry of Infrastructure to the former Acting Chief Secretrary & Secretary to Cabinet. The Commission should make an investigation to this matter so that the same treatment is applied equally to all public servants especially where disciplinary action is concern.

Furthermore, the very same person, Mr. Palu and other public servants were alleged last year to have committed criminal activities in the Public Service. That is, money laundering and involvement in the illegal sale of the passports. These allegations surfaced during the investigation of the sale of the passports currently carried out by the Ministry of Police. Mr. Palu now works as a Deputy CEO in the Ministry of Finance since March 2015.

Money laundering and illegal sale of the passports are very serious offence under the Public Service Act 2010. Whilst the Ministry of Police is undertaking their investigation under the Criminal Act, the Commission has its duty to ensure that the Public Service is safe and should apply the Public Service Disciplinary Procedures Regulations 2010 to the public servants who have been alleged to have undertaken criminal activities in the Public Service.

If anyone in the Public Service is alleged to have conducted criminal activities, the Public Service Disciplinary Procedures Regulations 2010 facilitate their temporary removal from work while the investigation is undertaken. If the investigation clears their names, then they can be reinstated back to work and their benefits would be reimbursed.

Some of the CEOs of the Ministries who employs these alleged public servants were asked of why they do not report these alleged criminal activities to the Commission and they said that the Ministry of Police have not given them any information. It is the duty of all the CEOs & Ministers to ensure that the functions of the Ministry are conducted in accordance with the laws of Tonga.

The CEO and Ministers once they hear of the allegations of criminal activities conducted in their respective Ministries should report it to the Commission and investigation under the Public Service Disciplinary Procedures Regulations 2010 will be conducted. If the Minister or CEOs do not care about these alleged criminal activities undertaken by public servants under their watch, the Public Service in Tonga is no longer safe and the People should be worried about the safety of our tax money.

Lastly, the PSA is also concern that the investigation of the unaccounted millions of dollars in the Prime Minister’s Office during the administration of the former Prime Minister Sevele is still not completed yet. In 2012, the PSA had reported to the Commission the unfair application of the Public Service Disciplinary Procedures Regulations 2010 with regard to the former Chief Secretary & Secretary to Cabinet, Mr. Busby Kautoke, who was still working whilst the investigation was undertaken making the investigation hard. Upon our complain, Mr. Kautoke was temporary suspended from the Public Service and he was later dismissed.

Unfortunately, the Commission did not complete the investigation of the unaccounted millions of dollars which was the essence of the complaint, i.e. that Mr. Kautoke be removed so that the investigation is conducted freely. The Commission only removed Mr. Kautoke but did not complete the investigation to find out of the whereabouts of the millions of dollars in the Prime Minister’s Office alleged to have disappeared into the thin air!!!

The PSA urges the Commission to do something about the unfair application of the Public Service Disciplinary Procedures Regulation 2010; the serious allegations pertaining to senior public servants involved in criminal activities; and to also complete the investigation of the unaccounted millions of dollars in the Prime Minister’s Office by the former administration under Sevele’s watch.

For more information, please do not hesitate to contact the Secretary General of PSA