PSC Circular No 09/2013

To: Permanent Secretaries and Head of Departments File: 29/416-3 Date: 05/02/13

Subject: Political Activities Civil Servants

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Introduction In relation to the forthcoming General Elections earmarked for 2014, it becomes important to reiterate to civil servants on how we must conduct ourselves in terms of our responsibilities, boundaries and restrictions on our involvement in political activities. General

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The Public Service Regulation 1999, Part 2, Section 4 (7) states that; the

Public Service is a political performing its functions in a neutral, impartial and professional way.
Further, General Orders 309 specifically articulates the following;

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(i)

(ii) (iii)

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No officer shall, without the express permission of the Permanent Secretary for the Public Service whether on duty or leave of absence: Contribute to whether anonymously or otherwise, or publish in any newspaper, magazine or periodical or cause to be published in any manner, anything which may reasonably be regarded as of a political or administrative nature; Speak in public or broadcast on any matter which may reasonably be regarded as of a political or administrative nature; Allow him to be interviewed or express any opinion for publication on any issue of an administrative or political nature or on matters affecting the administration, defence or military resources of Fiji.

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The standing policies provide clear guidelines that civil servants should NOT engage in political or party controversy and that they must at all times, refrain from discussing public affairs.

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Restrictions on Public Officers The coming into effect of Decree No. 4 of 2013, on Political Parties (Registrations, Conduct, Funding and Disclosures) under Part 2, subsection 14 (1) on Restrictions on public officers in a political party states the following:

A public officer shall not [a] [b] [c] [d] be eligible to be an applicant or a member of a proposed political party or a political party registered under this Decree; be eligible to hold office in a proposed political party or a political party registered under this Decree; engage in political activity that may compromise or be seen to compromise the political neutrality of that persons office; or publicly indicate support for or opposition to any proposed political party or a political party registered under this Decree or candidate in an election.

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For the purpose of the above, public officer under Decree No. 4, of 2013, Part 2, subsection (2) means any person:

[a]

holding any office in, or as a member of, a statutory authority, a commission, or a board established by or continued in existence by any written law; holding an office of a judge, a magistrate or an office of any court or tribunal established by written law;

[b] [c] [d]

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In accordance with Part 2, subsection (4) of theDecree; any public officer

who intends to be an applicant or a member of, or hold office in, a proposed political party or a political party registered under this Decree, must resign from the respective public office prior to applying to become an applicant or a member of, or hold office in, a proposed political party or a political party registered under this Decree.

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holding any office in the public service, the Fiji Police Force, Fiji Corrections Services or the Republic of Fiji Military Forces; or who is an elected or appointed officer of a trade union registered under the Employment Relations Promulgation 2007, or of any federation, congress, council or affiliation of trade unions, or of any federation, congress, council or affiliation of employers.

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Further, Part 2, subsection (5) of the Decree states that; a public officer is

deemed to have vacated his or her office mentioned in subsection (2) immediately before the time at which he or she applies to become an applicant or a member of, or hold office in, a proposed political party or a political party registered under this Decree.
The contents of this Circular is to be strictly adhered to and for the information of Ministries and Departments, the previous relevant PSC Circulars on similar subjects, specifically PSC Circular No.24/98, 13/99 and 17/99 are now non-operative. Ministries and Departments are requested to give this Circular the widest possible circulation.

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Iliesa Lutu Acting Permanent Secretary for the Public Service

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All clarifications should be directed to Mr. Dinesh Prakash on telephone No. 3314588, Ext: 206 and Mrs Manjula Shah Ext 284 or email dprakash@psc.gov.fj and manjula.shah@psc.gov.fj respectively.