NASSAU, BAHAMAS — The members of the Public Service Commission have reportedly received letters from the Governor-General rescinding their instruments in a distinct break from how that constitutionally-mandated body has been handled by previous administrations.
The decision to remove the members instead of waiting out their three-year term could be met with a legal challenge as some believe the members are protected by the constitution from arbitrary removal.
“When we came in, we met a chairman [Father James Moultrie],” said former Prime Minister and former leader of the Free National Movement Dr Hubert Minnis.
“He stayed until his term was finished, as all others who were there stayed until their term was finished because that was how we interpreted the constitution and we would have sought legal opinion.”
“I urge the PLP to rescind those letters immediately because they are going above and beyond the constitution. They are interfering with the constitution.”
The commission serves as both watchdog and policy regulator for the public service providing impartial oversight on matters of appointment and promotions to ensure government posts are awarded equitably.
It is essentially the gatekeeper of the public service with the power to make new government workers and discipline those who are already paid and pensionable.
In order to do its job, it must be free from political interference with its autonomy enshrined in the constitution alongside the Public Service Board of Appeal, Police Service Commission, and the Judicial and Legal Service Commission.
Shrugging off claims of political victimization, Minister of Foreign Affairs and the Public Service and Progressive Liberal Party chairman Fred Mitchell described the move as a reflection of the prime minister’s desire to have all appointments aligned with his political term.
“Several of these public bodies refuse to resign. They take the position that these statutory appointments cannot be revoked, that is something which the prime minister disagrees with so it will be playing itself out in the next few weeks.
“It is rather unusual. Some people seek to draw a distinction between those who are statutorily appointed like the University of the Bahamas and the service commissions, pursuant to the constitution, but the prime minister’s view is and the party’s view is that these terms should be coterminous with the party in power and we will see that play out in the next few weeks.”
The Public Service Commission consists of a Chairman and between two to four other members, who are all appointed by the Governor-General.
According to the constitution, the Governor-General acts under the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal. Sitting members of either House or a public officer are not qualified for appointment.
The posts can become vacant under the following circumstances: at the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed; if he becomes a member of either House or a public officer.
“Those positions are constitutionally protected,” Minnis continued.
“The PLP is now on a victimization track and this time they are off course. They must stand down and rescind all those letters they have sent to the members of the Public Service Commission because they are overstepping their bounds.”
Minnis added: “They are now interfering with the constitution of The Bahamas and we will not tolerate this type of victimization.”
The constitution further outlines that any member of these commissions “may be removed from office only for inability to exercise the functions of his office (whether rising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this Article”.
Those provisions dictate that removal for cause must be supported by the recommendation or outcome of a tribunal into the matter.
“Right now the position is we believe the people who are on these bodies, the terms should be coterminous with the political party in power and the prime minister that is his position which he has espoused publicly,” said Mitchell.
“We have asked as you know all the appointed bodies to submit their resignations and if not then the prime minister proposes to exercise the authority of the government to have people who are appointed, who are his appointees or our appointees, to these bodies, and that will be playing itself out in a number of these public bodies.”
Mitchell added: “What they do would be entirely up to them, our position has been made clear, we will see how it plays out.”
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