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Civil Servants Urged to Understand Their Powers and Rights

Former civil servant Jioji Kotobalavu, who served under five prime ministers in the Prime Minister’s Office, emphasizes the importance of civil servants knowing the law to be protected and fully informed about the rights of those affected by their decisions.

Kotobalavu noted that civil servants must understand the source of their power to ensure their decisions are made within the legal boundaries of their roles. He highlighted instances where civil servants were ruled to have acted unlawfully due to a lack of legal knowledge, stressing the need for an understanding of constitutional and executive powers.

Kotobalavu had a long career in the Civil Service, which ended on December 6, 2006, when the military removed members of the Public Service Commission and almost all CEOs during a coup against the government led by Prime Minister Laisenia Qarase. He recounted how the courts eventually ruled in favor of Qarase’s government, but the military regime’s intervention and subsequent actions through the 2013 Constitution granted immunity for their unlawful actions.

Reflecting on his colleagues who were also dismissed, Kotobalavu noted their high standards of professionalism and integrity. He also shared his perspective on recent comments by Deputy Prime Minister and Finance Minister Biman Prasad regarding civil service reforms. These reforms include removing five-year contracts for chief executive officers, extending the retirement age to 60 years, and addressing issues such as biased promotion practices and lack of investment in training.

Kotobalavu underlined the importance of the rule of law and administrative justice, particularly for non-lawyers rising within the civil service. He highlighted his own experience of becoming more effective in decision-making after studying law post-retirement, realizing that understanding public law would have enhanced his capabilities.

Discussing ways to incentivize and reward high performance within the civil service, Kotobalavu mentioned the historical use of the State honors system. He acknowledged that the current approach to awarding honors through a statutory committee might lack cultural sensitivity and suggested a review to improve its efficacy.

Finally, Kotobalavu proposed using the diplomatic service to recognize high-performing civil servants and provide them with broader experience, preparing them for future leadership roles. This approach, he argued, would support the orderly progression and succession in civil service leadership as called for by the Deputy Prime Minister and Minister of Finance.

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