Two union leaders in Dominica are expressing concerns that public officers are openly engaging in political activities in direct defiance of the Public Service Act.
There has been debate over the open behaviour by public officers including teachers, police officers and others who openly wear party colours and engage in open political campaigning.
General Secretary of the Dominica Public Service Union (DPSU), Thomas Letang, said the Public Service Act of 1991 addresses the issue of Public Officers taking part in open political activities.
“The Public Service Commission Regulation will also address that issue saying that Public Officers are forbidden from actively participating in political activities outside their official duties,” he said, while pointing out that Section 11 of the Dominica Constitution “states that one does have the constitutional right to express oneself and participate in certain things.”
Chapter 23:01 of the Public Service Act states at Section 14 (b) that a public officer “shall not canvas for or against, or be an agent of or a representative of any candidate of the House of Assembly (Elections Act) or any law amending or replacing it.”
The Act also forbids a public officer from holding “office in any political party, or associate or involve his post in the Public Service in any political activity or (d) solicits funds for any candidate or any political party.”
Section 14 (3) (iv) of the Act states further that a public officer, “Shall not write to the press or publish in any manner, or participate in any radio or television broadcast on any matter that may be reasonably regarded as of a political nature.”
However the Act pointed out that it shall not be construed as preventing a public officer from voting at any election for which he has the right to do so.
Letang said, according to the Act, “it is not right for public officers to participate and make political statements, get involve and wear party political colours.”
However, he said the Act is obeyed when it suits some people.
“It is wrong for some today and right for some, tomorrow it is right for some and wrong for others,” he said.
He argued that the Act needs to be ammended as certain “things are not clear.”
“My view is that the Act does needs amending and in so doing we have to take a closer look at the Constitution to ensure that people are not denied their rights and at the same time the Act does not open some people to victimization,” he said.
He continued; “You need to make it very clear as to how far Public Officers can and should go in that regard and what is it that one is trying to safe guard. Certain things are not clear in the Act and the time has come for open discussions with unions and political parties. As a union I am very concerned because I have received reports from members who feel that they have been personally targeted while others do things and nothing is done to them.”
Meantime, chairman of the Police Welfare Association (PWA) Jefferson Drigo said the association is concerned about police officers who openly engage in political activities.
“It’s against the Police Force policy and regulations,” he said. “A police officer is supposed to be a professional. We are very concerned that police officers are wearing party colours openly and even going on platform. We are presently very concerned and discourage that totally.”
However, he noted, the PWA can only advise members on the matter.
“We can’t tell them what to do,” Drigo said. “we are not responsible for admonishing members … that’s the role and responsibility of the Chief of Police, but we are concerned about it and would like to discourage police officers from wearing party political colours and going on political platforms.”
Head of the Dominica Association of Teachers (DAT), Celia Nicholas, said she will speak to that matter at a later date.
Even that law need to change. Change is a must however you look at it.
THE LAW NEEDS TO CHANGE
for we are taking this public SERVANT thing toooooo far.
The country is run on the backs of civil servants who are under paid and over worked. we cannot afford to meet or daily needs. pay taxes just to have the government take that money to meet the needs of persons who do not contribute to the economy, and on top of all of this, these same people have more rights than the civil servants, to be able to talk a say what they want and civil servants cannot? Blue Red are colours that all civil servants have a right to wear when ever mr union man.
u should be talking about the zero % increase for those same civil servants. about teacher, doctors and nurses who are over worked and underpaid.
Be creative and make your time as union leader, mean something and change thoses silly, backward, slavery laws
I always tend to bash
“Tamas” 
, but he is 100% correct this time…it’s also hard to understand how 
police 
can be 
“professional” 
calypsonians….. 
The sections of The Public Service Act prohibiting Public Officers from talking on issues political in nature has been ruled unconstitutional by the privy council.
Tomas Letang mus stop using his office to preach his politics.
Mr. Latang, STOP saying that something should be done!! You are the one who has to take the lead and put words into action.
Dominica is a small country and we all see and know who the civil servants are who blatantly and opnely involved in politics.
If you don’t take action , then who else will?
Letang ..you should be lamenting the intended freeze by Government on civil servants salaries for 3 years….0-0-0. That is the bread and butter issue that is affecting us now. You should be talking about the number of advisers and media personnel that the government is appointing to do their dirty jobs while the rest of us civil servants live from hand to mouth.
Civil servant involvement in politics is not new. Ms. Charles, when she was Prime Minister had a green day when all supporters had to go to work with green t-shirts. The party-in-power always abuses power in this way while the supporters of the opposition have to stay mute.
NOTHING IS NEW IN DOMINICA….BUT CHANGE MUST COME….
What Mr. Letang is saying is total rubbish. It is rubbish because it totally cotradicts section 11 of the Dominica constitution which protects freedom of assembly and association of citizens. Where was Mr. Letang in the past years? his statement, “It is wrong for some today and right for some, tomorrow it is right for some and wrong for others,” he said.”speaks volumes to his mindset. What has changed Mr. Letang.
I agree with the part you state Mr. Letang that the Act should be ammended. Because as long as that Act exists there is the possibility that victimization will occur. So it might be good for my supporters because I’m in power but I might use it against my opponents in the same breath.
Don’t be naive people. We know it can happen. I think that there should be some positions that are exempt from campaigning and wearing colors. Just like in a union there are certain positions in the establishment that cannot join the Union and the individual will be told so before he accepts the job.
But the mojority of public servants should be allowed to. But the Act must be changed. We can’t just keep ignoring laws on the books when it suits us. Cause today we Red and we don’t care but what if Blue wins and they want to use it against you?
Think about it.
But i never ask mr lelang who he supporting but when i listen to psu program i could tell u not supporting the goverment so right now u mean i should not not wear my red cap and t shirt labour ka twavay!
But mr letang you never tell me which party you supporting but when i listen to your program on q.95 i could tell that you are a supporter of workers and now u telling me that i should not wear my red shirt and cap labour ka twavay ! well u love workers and i love labour
Ceville Mills!! Tell him that. smh
Gason relax
CHANGE THAT ACT BECAUSE I WILL ALWAYS SUPPORT and go to Team Dominica (UWP) rallies, Meetings and Conventions.
This is the team which offers hope to the poor, dispossessed and down trodden in this poor country.
Pls Letang you made it political by politicizing the PSU period…now you crying foul! Politicizing the issues of members during your wkly shows and not helping your members…i am a victim of that….SO SHUT THE …. UP!
Imagine Thomas Letang complaining now, wonder whether what his views were during the 2009 election campaign. Wasn’t he the same person who thought it prudent to agree with the UWP for a hugh increase for Civil Servants during the high of the campaign should they win the election.
How quickly we forget.
Children live what they learn, PM Skeritt said that no law nor constitution can stop him from doing what he wants, he is the father of the country, the public officers are following the example of their father so why should it be different for them.
You sure that is what Skerrit said. Say your name, and come with your evidence because these says is sue we sueing!SMH
Oh shut your *** .people like all u that have the country so.skerite need to go to jail.change must come.
Which law or constitution can tell you that you cannot speak your mind or freely associate? What the constitution says is that whilst you have freedom to freely speak or associate as you like, it also recognizes that others also have the same freedom and that the freedom you enjoy ought not to be used to infringe my right to freely associate, enjoy my good name etc. No constitution can prevent you form holding your views Sir! Workers supporters believe that Linton’s statement last week and on Sunday was misinterpreted, yet after five years they continue to repeat what is essentially a “no case”.
that act needs to be change everybody have a right and choice
com on we in the 21st century shame manyou all must travil read ect
change is at hand
its high time they change that act
What I do not understand is why does DNO choose to canvas the views of Trade Unions on such a topic? Why doesn’t DNO go to the Public Service management instead? There is the Public Service Commission, the Police Service Commission, the Establishment Department, the Cab Sec and many other State Offices. If the subject under discussion is a problem for the State, then let the State say so. It’s like the Marpin 2k4 pay cut story. All DNO tells us is what the Union has to say. The Union is not the one managing the Company; the Union is not the one doing the pay cut. Come on DNO; get us the views of those in the drivers’ seat, not the views of those hopping the truck.
I expected the matter to come up. The following statement must be made. Public Officers have inalienable rights that are protected by the constitution and these rights must not be trampled upon by anyone. Whoever have difficulty with that must check a Privy Council Case Law which upholds a public officer’s right to free speech. See Privy Council Case No. 42 of 1997 in the matter of “Elloy de Freitas vs Permanent Secretary Agriculture, Fisheries, Lands and Housing, the Public Service Commission and the Attorney General” from the Court of Appeal, Antigua and Barbuda. The decision was handed down on June 30th 1998. The document is a rather lengthy one. For ease of reference see sections 9, 10, 11, 12 and 13 of the said judgement.
That should help clear up the issue. The decision stipulates that rules, which are subject to the constitution be developed to guide the behavior of public officers. No amount of complaining will resolve the matter as Civil Servants are now aware the there are many sections of the General Orders are UNCONSTITUTIONAL. That being said though, it behoves the individual public officer to exercise care, good judgement and caution whilst participating in the political process. Sadly, in this day and age some people still believe that the only involvement of Civil Servants in the democratic process is simply to and vote on elections day. But that is only when it suits them. They should have no voice, no comment nothing, stay moo moo. Imagine the more intelligent people in the society are asked to behave as though they have no intelligence!
As long as the law is on the books it should be followed. If the union or its members think it is unconstitutional then it must be decided by the court not the individual. On the other hand it is not right to take freedoms away but then if the other side wins the election the civil servant could pay dearly for that right. There will be issues of trust, transfers and stalled or no promotions to higher levels.
BS..This is one’s Democratic Right!…What’s wrong with that?
Pls Letang you made it political by politicizing the PSU period…now you crying foul! Politicizing the issues of members during your wkly shows and not helping your members…i am a victim of that….SO SHUT THE HELL UP!
Nonsense! There are some written laws that must be repealed. We as a people must have the right to freely associate with our religion, political party of choice etc. We must also be entitled to freedom of expression, however, we must not abuse that privilege by defaming others, nor should we use our employers time to impose our belief on others. There are many more pressing issues that we keep sweeping under the carpet. Let us place more emphasis on protecting our children, this will definitely aid in the reduction of many social ills.
Ooooooooh! Letang again? Stupes.
All you never talk after May 5th, but all you talking after May 25th.
So what about the right to free speech and freedom of association as enshrined in the constitution, Mervin Paul and others are using that clause to cover their backs thats why they are getting away with it.
The Constitution is the Supreme law of the Land . It sets out the roles and rules of the Public service including general orders.. as well as the fundamental rights provisions… It therefore presents a conundrum on this issue…