How has the 1995 Uganda constitution as amended enhanced the notion of security of tenure for public servants?
The 1995 constitution is a reprint of the constitution of the republic of Uganda 1995; the constitution was promulgated on 8th October 1995 by the constituent assembly, replacing the 1967 constitution. Since its promulgation the constitution has been amended three times by the;
Constitution (amendment) ACT, 2000, ACT, act No. 13 of 2000
Constitution (Amendment) ACT, ACT No. 11 of 2003 and
Constitution (Amendment) Act, Act No.21 of 2005
The 1995 Ugandan constitution has enhanced the notion of security of tenure for public servants as below;
Security of tenure is a term used in political science to describe a constitutional or legal guarantee that a political office-holder cannot be removed from office except in exceptional and specified circumstances.
Without security of tenure, an office-holder may find his or her ability to carry out their powers, functions and duties restricted by the fear that whoever disapproves of any of their decisions may be able to easily remove them from office in revenge. Security of tenure offers protection, by ensuring that an office-holder cannot be victimized for exercising their powers, functions and duties. It enables the democratic or constitutional methodology through which an office-holder comes to office not to be overturned except in the strictest and most extreme cases.
According to the 1995 Uganda constitution, All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
The 1995 amendment of the constitution clearly sets out the retirement age of the public service officer, an officer may retire at any time after attaining the age of 60 years as states in Article 144, and may vacate his or her office after attaining the age at which he or she is required by the constitution to vacate his office.
However the constitution also stipulates that the public servant may vacate his or her office; Due to reasons like inability to perform his or her duties, misbehavior and incompetence.
The Public Service, being the operational arm of the Government, is charged with the task of analyzing and making decisions, administering public policy, influencing all development efforts, and regulating the balance between state power and state capacity to achieve socioeconomic development.
The 1995 constitution ensures that all the people in Uganda both the public servants and the citizens have equality and freedom from discrimination as stated in Article 173, therefore all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
This constitution further protects public servants from unjust and unfair termination from their official duties.
The 1995 constitution also has well laid down steps that can lead to the disciplinary action of a civil servant for example the disciplinary action must be conducted by proper authority under article 166 of the constitution , the public service commission has powers to conduct disciplinary control over all persons who are employed in public service
Situations under which a public service office may be dislodged from his office may be when the officer has breached established rules and regulation some of these may include, fraud, corruption, rape, disobedience and neglect of duty.
The constitution also ensure that a public servant has right to a fair hearing and to defend themselves and can only subjected to disciplinary action after he/she has been proved guilty as states in the 1995 constitution section 28 as it states that;
Right to a fair hearing, In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law. Every person who is charged with a criminal offence shall be presumed to be innocent until proved guilty or until that person has pleaded guilty; be informed immediately, in a language that the person understands, of the nature of the offence; be given adequate time and facilities for the preparation of his or her defence; be permitted to appear before the court in person or, at that person’s own expense, by a lawyer of his or her choice; in the case of any offence which carries a sentence of death or imprisonment for life, be entitled to legal representation at the expense of the State; be afforded, without payment by that person, the assistance of an interpreter if that person cannot understand the language used at the trial; be afforded facilities to examine witnesses and to obtain the attendance of other witnesses before the court.
Under the 1973 act of the constitution provides for the fact that no public officer will be punished unless the usual procedures which provides that no public officer will be punished without a just cause this article takes away the 1995 presidential prerogative which enabled the president to dismiss public servant without being required to justify his action.
Apart from that, this article further implies that a public servant cannot be punished unless the usual procedures which ensure true rules of natural justice are observed under article 42 and 128 of the constitution. This implies that a public servant has the rights like any other person to challenge and administrative decision which will not fulfill the minimum standards of fairness or justice once appointed a public servant that a person is entitled to the protection of the constitution.
In conclusion, the 1995 constitution specifically in article 128, the public servants have rights which protects them and therefore allowed to have access to judicial services in case they feel unjustifiably treated and cannot be dislodged from their services, the constitution further stipulates that Judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people.
How has the Uganda Legal frame work besides the constitution enhanced the protection of public servants?
The public service in Uganda is made of several bodies which include; -District service commission, judicial service commission, Public service commission, Health service commission and Education service commission, According to Health service commission act for the purpose of clause (5) of article 170 of the constitution the health service are the following categories of person employed in the public service, a) Health professional, b) Such administrators, scientific and support staff as may be appointed by the commission for the efficient administration management and delivery of health services in Uganda.
Whereas health service commission act states that the chairperson, deputy chairperson and The five other members of the commission shall be appointed by the president approved by the parliament in accordance with article 169 of the constitution.
Since most of the senior members of the health service commission appointed by the president are people of relevant work experience, this therefore enables members of this profession to stay for long in their respective duties and above all Uganda doesn’t have very many experts in the health profession.
According to public service commission act 2011 (4) A member of the Commission shall hold office for a term of four years but is eligible for reappointment; except that of the first members appointed to the Commission under the Constitution, four shall be appointed to hold office for three years, which shall be specified in their instruments of appointment.
The Uganda human rights commission protects the public servants and this has also enabled their protection in public service as stated by the human rights commission that; The commission shall have the following functions— To investigate, at its own initiative or on a complaint made by any person or group of persons against the violation of any human right; To visit jails, prisons, and places of detention or related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations; To establish a continuing programme of research, education and information to enhance respect of human rights; To recommend to Parliament effective measures to promote human rights, including provision of compensation to victims of violations of human rights or their families; To create and sustain within society the awareness of the provisions of this Constitution as the fundamental law of the people of Uganda; and To educate and encourage the public to defend this Constitution at all times against all forms of abuse and violation, this has protected the public servants from exploitation by their supervisors and has protected them from exploitation from their supervisors.
The education service commission provides protection to the public servants by ensuring that for example the use of appointment letter by the education authority, this appointment letters stipulates the terms and conditions of the contract between the employee (public servants) and the employer (public service).
The offering of confirmation letters to the employees as stipulated in the article 168 of the constitution , which helps the public servants to know their rights in the job and to fully exercise their duty as required by their employer, this has protected the public servants from unnecessary termination and exploitation.
Most of the public servants in Uganda have a relatively stable employment and most of them stay for long in their respective jobs;
The Public Service Commission enables the public servants to be protected and allowed to be productive as stated that;
(1) By reviewing the terms and conditions of service, standing orders, training and qualifications of public officers and matters connected with personnel management and development of the public service and make recommendations on them to the Government;
The public service commission protects the public servants from improper influence which helps in ensuring that a public servant is not terminated from their public office without unclear reasons as indicated in the public service commission act 2008 that (1) Any person who, otherwise than in the course of his or her official duty, directly or indirectly and whether by himself or herself or by any other person, in any manner whatsoever influences or attempts to influence any decision of the Commission, commits an offence and is liable, on conviction, to a fine not exceeding two hundred currency points or imprisonment for a term not exceeding twelve months, or both.
The public service commission also gives the public servants the opportunity to defend themselves in the courts of law if the allegation of misconduct in the office has been raised this was observed in the case of Mr. Godfrey Kazinda who was former principle accountant in the prime minister’s office as reported in the new vision Wednesday june 26 (2013), He was arrested after being found guilty of 29 counts of fraud with one count of forgery being an alternative count.
References
The 1995 constitution of the republic of Uganda.
The human rights commission act 2008
The new vsision june 2013
