Agencies advised to discuss implications of court decision

PUBLIC Service Minister Elias Kapavore says state agencies have been advised to discuss the possible implications of the Supreme Court decision nullifying the amended Public Service Management Act 2014 and provide advice to Cabinet on the best way forward.
Kapavore told The National yesterday that he would respond to the decision by the Supreme Court last week that nullified and declared the act and related statutes unconstitutional once he received a full briefing from state lawyers.
“I have had preliminary discussions with the chairman of the Public Service Commission (PSC) Dr Philip Kereme and his commissioners, my executive management team, the Secretary for Department of Justice and Attorney-General Dr Eric Kwa and State Solicitor Daniel Rolpagarea,” the minister said.
“Considering the state interest and the general operations in the public service, I have advised state agencies to discuss the possible implications and provide advice to NEC (National Executive Council) through my office the best way forward.”
Kapavore said briefing was also provided to Prime Minister Peter O’Neill but detailed advice to NEC would be presented after state lawyers had studied the ruling and implications.
The Supreme Court on Thursday upheld a Constitutional interpretation of the public service act filed by Kereme as a private citizen through his lawyer Nemo Yalo and declared the amended act and related statutes enacted by Parliament null, void and unconstitutional.
That restored all the powers of making appointments of heads of state agencies, departmental heads and provincial administrators on the PSC.