BY SAM ALFAN.
The High Court has been petitioned to stop the Ethics and Anti-Corruption Commission from filling senior management positions at the secretariat through an internal recruitment process.
Activist Okiyah Omtatah said in the petition that the ongoing process is restricted to its existing workforce and therefore discriminatory to the extent that it excludes outsiders who are eligible, qualified and interested to compete for the jobs.
He wants the Employment and Labour Relations Court to temporarily suspend the process, pending the determination of the case. Omtatah said EACC intends to recruit twelve senior managers in a manner that violates the constitution.
Among positions the commission intends to recruit includes deputy chief executive officer, director field services, assistant director regional office, assistant director asset tracing, assistant director forensic laboratory, assistant director monitoring and compliance among others.
Omtatah is aggrieved that instead of opening the positions to the public and attracting candidates that are currently unemployed or working elsewhere, EACC chose to advertise the vacancies internally and to allow only members of its staff to apply.
“To the extent that the impugned internal recruitment process violates or threatens the constitution and the commission has failed in its obligation to respect, uphold and defend the constitution violating Article 3(1) of the constitution,” said Omtatah.
He adds that to the extent that it limits the number of potential applicants and may result in the best person for the job missing out, the process then threatens the express provisions of Article 73(2)(a) which requires selection to be on the basis of personal integrity, competence and suitability.
He added that the appointment of the commission staff through the internal recruitment process is untenable under the law and the court should intervene and quash them.
He further argued that it was clear that the commission to fill vacancies in its secretariat through an internal recruitment process is inconsistent with both the Constitution and therefore it is unlawful, unconstitutional, invalid, null and void.
He argued that for the good governance of the commission, it is necessary that the staff in the issue should be appointed competitively in strict compliance with the law.
“It is necessary that this Court intervenes as the dispute immediately and lays down the law to ensure that the appointment of the staff in issue is done strictly according to the law” he added.
Employment and Labour Relations Court Judge Byram Ongaya certified the matter as urgent for hearing during the current court vacation.
The Judge directed the matter to be mentioned on August 2, for further orders and directions.
