Pres ACC, EC appointment to free chiefs for tasks, AG says
according to AG Usham, who addressed concerns about the potential impact on institutional independence during a press conference held at the President’s office.
Attorney General Usham Ahmed Usham said Wednesday that presidential appointment of the presidents and vice-presidents of the Anti-Corruption Commission (ACC) and the Elections Commission (EC) will allow them to streamline and with more time to efficiently run the independent agencies.
Usham addressed concerns about the potential impact on institutional independence during a press conference held at the President's Office.
Addressing questions from the press, Usham outlined two primary motivations for these changes:
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Uniformity in Appointment Process: The proposed amendments aim to bring consistency across all independent bodies by enabling the President to appoint the President and Vice-President of the commissions directly. Usham noted that a similar method is already in place for other commissions, such as the Civil Service Commission, suggesting that a standardized approach would benefit governance.
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Operational Efficiency: Usham highlighted complaints from within the commissions about difficulties faced when the President and Vice-President are elected internally by commission members. In some instances, internal disagreements have hindered effective leadership, causing delays and disruptions in fulfilling their mandates. He cited past issues within the Election Commission and the ACC, where internal power struggles impeded progress on crucial matters. For instance, challenges arose within the Election Commission when the Democratic Party attempted to register last year, leading to operational gridlock due to internal discord among commission members.
Usham emphasized that such issues are difficult to resolve without legislative intervention, explaining that this amendment empowers Parliament to address and prevent further operational stalemates.
Under the proposed amendments, the President and Vice-President of the ACC and EC would be appointed by the President of the country, with specific provisions designed to maintain transparency and accountability. The amendments include:
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Parliamentary Oversight: Nominations for the President and Vice-President of the commissions must be submitted to Parliament for approval. This measure is intended to balance the executive's role with legislative oversight, adding a layer of accountability to the appointment process.
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Resignation Procedure: Should the President or Vice-President of the commission wish to resign, they would be required to submit a resignation letter to the President, citing their reasons for stepping down.
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Removal of Member-Based Removal Clause: The current provision allowing a majority of commission members to vote for the removal of the President or Vice-President for non-performance would be eliminated. This change is intended to prevent internal disputes from obstructing the commission’s functions.
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Rapid Filling of Vacancies: If a vacancy in the office of President or Vice-President occurs, a nomination would be required to be sent to Parliament within 72 hours. This stipulation aims to ensure minimal disruption and maintain continuity in the commission's leadership.
Presently, these positions are filled through an internal vote among the members of each commission.
The opposition has raised concerns about potential government overreach into the independence of these bodies, noting a recent trend of dismissals of members of independent institutions and judiciary officials by Parliament. Usham, however, defended the amendments, asserting that the government’s intention is not to compromise the autonomy of these institutions but rather to address legal issues and improve operational functionality.
"For instance, if three members of a five-member commission work against the commission chairman, the commission will not function," Usham stated, emphasizing the need for external appointment to maintain stability and avoid disruption due to internal conflicts.
