Government says Civil Society Organisations are misleading Malawians to claim that the reforms in the public sector are being done without legal backing and that therefore all reform recommendations made by Public Service Reform Commission must be implemented after approval by the National Assembly.
The Justice and Constitution Affairs Minister, Samuel Tembenu said the Constitution of Malawi particularly on the Public Service Act, vests in the presidency powers to run civil service and he is authorized to take measures that are befitting at that particular time and that laws allow him to institute reforms within civil service.
"It’s not true that these reforms are being done without any legal authority because the president has that power and in the event when there is need for legislation will certainly push that to parliament.” said Tembenu.
He said people should not be confused of the use of the term “Commission” because it means team that is doing the reforms “The mere use of the word Commission should not really alarm us to make us conclude that this is illegal because under the constitution the president is empowered to do that.”
“When these reforms have been proposed, they result into things; either out of that reform, recommendations they will have to add administrative action taken or legislative action taken. Where there is need for the legislation to be passed it will obviously be referred to parliament." he said
He continued “There is so much made in this paper about parliament supervising the reforms that are taking place in the government. That is not the role of parliament. Under the constitution, the parliament law is clear, that is to make laws. Nothing else. Under the constitution it is also given power to conduct oversight activities over certain acts which are activities taking place in government. Now we have to make difference between oversight and supervisory activities.”
“Parliament is not a supervisor of executive arm of government.” He added
In a letter released last week by CSOs, claims that the reforms by President Peter Mutharika administration are illegal and lacks wishes of Malawians.
“The DPP administration’s commitment to public reforms is equally questionable. The gains being made are only on paper and nothing substantive is being achieved on the ground. There is no mention, for instance, about how the Government will tackle the spectre of corruption including cashgate in these reforms. The mere fact that the establishment and functions of the Public Reform Program Commission by-passed Parliamentary approval calls the legality and legitimacy of the body itself into serious question. We, in the civil society, thus, find the program itself a mere window-dressing exercise aimed at gaining cheap political mileage.” reads the CSOs letter
They recommended; “Government should ensure that the Public Service Reforms are periodically scrutinized by Parliament to improve the program delivery and ensure that reforms reflect the views and wishes of Malawians. Most importantly, the Public Service Reform should be depoliticized by supporting it with a necessary legal regime in order to ensure continuity. This will also allow our national Parliament to play its rightful oversight role to the reform."
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