ALARMING AND FRIGHTENING
By Special Correspondent
Sunday’s radio programme, (Press conference with the Supervisor of Elections, Ms. Nadia McIntyre) was most informative and interesting. A statement, however, made by the goodly lady, with apparent conviction, was quite alarming.
There is nothing wrong, she opined, “in bending the law, sometimes,
without breaking it”. For a public officer of her status, occupying
perhaps the most important office in a democratic system of Government,
to believe, far less to concede, and to some extent advocate, even
publicly, that it is acceptable to bend the law at any time, is not
only preposterous, it is downright frightening.
What is there to prevent her from bending the law for one side or the
other in the upcoming elections? How sad it has become that we can no
longer expect those in authority to play strictly by the rules and not
bend those rules to suit their purpose.
Yet the Supervisor asks the public to place their confidence in
the operations of her office. It is hardly worth reminding her that
public confidence is assured when the office functions according to
law, displays a high degree of independence as guaranteed by the
Constitution, and carries on its duties with impartiality. Few, indeed
precious few, irrespective of their political stripes, believe that
these qualities are observable in the electoral office.
The Supervisor was somewhat disingenuous, when in answer to a
question regarding personnel changes in her department she argued that
transfers are routine. She failed to explain that the Public Service Commission (PSC) makes transfers on the basis of vacancies, promotions, requests from Permanent Secretaries, or Heads of
Departments for inefficiency, discipline or breach of regulations etc.
There was no vacancy in the department. It would be a stretch to charge
the officers with inefficiency or what have you.
If she did not request the transfer, who did and for what reason? It must have been a very serious matter indeed that occasioned the officers
transfer , and both at the same time, and at this critical moment in
the operation of the department. Did she, in any case, make
representation for delaying their transfer at this crucial moment?
According to Civil Service rules and regulations, a public
officer is liable to be transferred at any time to a position of
“equivalent status”, except he/she is transferred on promotion or
demoted as a disciplinary measure. The Head of Department must be aware
of the whys and wherefores of the transfer.
The next question must be, who replaced the officers, are they new
recruits, are they long standing officers who are now promoted or
simply moved to positions of “equivalent status”, and if so, why the
hurry?
This brings us to the PSC itself. The Commission would be
viewed as insensitive were it to transfer the officers at this most
critical moment in time, simply on the request of someone or to promote
them or their replacements, or that they were inefficient. Were they,
and if they were, why did it take so many years to discover their
inefficiencies?
The Supervisor also hinted, laid down the foundation
as it were, for defense of her office should questions arise about the
fairness of the conduct – voters freedom to express their choice
without fear, bribery, or intimidation, the voting itself, the security
of the ballot boxes and the host of other measures that make for a free
and fair election.
She declared, in answer to a question on that subject, that while her
office follows the laws and customs – albeit with seeing nothing wrong
in bending the law from time to time- she could not speak for the
people (Returning officers, Poll Clerks etc) at the various polling
stations who conduct the exercise.
It is hardly worth reminding her that she selects, trains and appoints
all the officers, and while she can delegate much of the work to be
done in relation to the election, she cannot delegate her responsibility for
the conduct of a free and fair election. Any irregularity committed in
the planning and process must, and will be laid firmly at her doors.
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