PS TO CARRY OUT DISCIPLINARY MEASURES - MASEMENE

The Minister of Law and Constitutional Affairs Mr. Refiloe Masemene says the fifth Amendment to the Constitution Bill, 2003 takes away the Public Service Commission (PSC)'s power to discipline public servants and leaves that in the hands of  a Principal Secretary (PS).

Mr. Masemene said this during the second reading of the Fifth Amendment to the Constitution Bill, 2003 in the Senate on Thursday.

Mr. Masemene said this amendment is necessary because it has been observed over a period of time that even though the Public Service Commision is vested with the power to appoint public officers, it is far removed from the public officers in their day-to-day management of the public service and its officials. He added that this has resulted in excessive delays in disciplining errant public officers to the detriment of a disciplined public service.

When responding to Chief Khoabane Theko's enquiry regarding this removal of power from the PSC to the Principal Secretaries who are appointed on political basis, Mr. Masemene said PSC serves as the executive, while the PS is a manager, hence it is easy for a manager to enforce immediate disciplinary measures.

Meanwhile, Chief Lerotholi Leshoboro Seeiso expressed concern regarding this matter, saying this might perpetuate the abuse of power where the PS might ill-treat an official because such official denied the PS  power to abuse him/her. In response, Mr. Masemene said abuse of office power is not recommended and thus, it should be prevented.

In support to the motion, the Minister of Communication Science and Technology, Dr. Mamphono Khaketla said disciplinary actions do not only include removing the officer from the office but it is more concerned with ensuring that discipline is quick, fair and transparent, saying removal of officers from office will be last resort as there are disciplinary guidelines determining why and when should an officer be removed from the office.

Dr. Khaketla added that the Constitution is a very important document that needs to be dealt with only when necessary, hence the Government of Lesotho found it necessary to amend some parts of the constitution so as to achieve its objectives such as strengthening of democracy as well as ensuring that service delivery to public is being achieved.

The Fifth Amendment to the Constitution Bill that was read for the second time also include amendment of the section dealing with term that a Member of the Electoral Commission holds as well as changing the name Prison Service to Lesotho Correctional Service.

20 February 2004