The assigning Secretaries General of Public Administration
In his correspondence referenced 0536/04/2020, the Dircaba of the Head of State, Mr. Kolongele Eberande asked the Minister for the Public Service, Yollande Ebongo, to report his decree N ° 009 / MIN.FP / YER / 2020 establishing and assigning Secretaries General of Public Administration, with a view to preserving social peace in this period of health crisis. For the Director of the Office of the Head of State, this responsibility falls to the Head of State in the name of article 81 of the Constitution which speaks of appointments while the decree relates to the establishment (assignment and permutation ), these SG having already been appointed since December 2017. For the public administration bachelors who read, with the glasses of connoisseurs, the letter of Mr. Kolongele, it is quite simply a manifest deficit of information from its signatory or inspirer. They explain, in fact, that the decree of Yollande Ebongo has nothing to do with article 81 of the Constitution because its decree relates to assignments of the secretaries general already appointed in 2018 by ordinance n ° 18/143 dated December 27, 2018. Furthermore, the press release mentioned by Eberande relating to the suspension of staff movements has lapsed, according to them, since the Head of State himself made several appointments at various levels and in different sectors such as in public companies (Gécamines and SNCC), the army, the judiciary, etc.
Relaying the information, the Kinshasa media have only taken up the letter from the Deputy Cabinet Director to the Head of State, Eberande Kolongele, addressed to the Minister of Public Service, Yollande Ebongo asking him to report, “on instruction of the Head of State ”, its decree of April 16, 2020 concerning the assignment of 58 Secretaries General of public administration. The Dircab of Félix Tshisekedi, Eberande Kolongele, mentions, article 81.1.4 of the Constitution which reserves the prerogative to appoint the high officials of the public administration (therefore the general secretaries) to the President of the Republic with the countersignature of the Premier Minister. He also mentioned a press release from the Presidency of the Republic suspending any movement of personnel in public institutions, which would still be in force today.
For the public administration strangers who read Mr. Kolongele’s letter with the glasses of connoisseurs, it is quite simply a manifest lack of information on the part of its signatory or inspirer. They explain, in fact, that the decree of Yollande Ebongo has nothing to do with article 81 of the Constitution because its decree relates to assignments (permutation and retention in place) of the secretaries general already appointed in 2018 by the ‘Order No. 18/143 of December 27, 2018. The applicants came from a competition organized at the time by decision of Bongongo Ikoli, then Minister of State at the time in charge of the Civil Service, by his letter “ No. 1400 / ME / MIN.FP / 2017 of December 1, 2017 concerning participation in training for the promotion competition to the grade of Secretary General for Public Administration ”.
In addition, the press release mentioned by Eberande suspending staff movements (appointment, assignment or permutation) has lapsed since the Head of State himself made, on several occasions, appointments at various levels and in different sectors such as in public companies (Gécamines and SNCC), the army, the judiciary, etc. Last February, the same head of state authorized the Minister of State for Foreign Affairs to appoint a new Secretary General, albeit on an interim basis.
In addition, the principles of governance want this kind of suspensive measures not to last forever (since February 2019) at the risk of affecting the proper functioning of the institutions.
Furthermore, in the name of the principle of interministeriality enshrined in the ordinance regulating the organization and functioning of the Government as well as the terms of collaboration between the President of the Republic and the members of the Government, including the Prime Minister, a a member of the cabinet of the President of the Republic is not entitled, even on the latter’s instruction, to address a minister directly. And in this case, it is rather up to the President of the Republic to seize the Prime Minister who is in charge of coordinating the action of the Government.
In the absence of observance of all this information and principles, the Minister of the Civil Service has every opportunity to ignore the injunction of the Dircab of the Head of State.
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