Essimi Menye sanction, caution to others

The annulment of acts of the MINADER Prime Minister has opened a new era in the appointment of human resources of the State.

The Prime Minister stated on April 28 about his decision to appoint three Inspector Generals and two acting Directors in the Ministry of Agriculture and Rural Development (MINADER) were based on a defect of form, a procedure and jurisdiction.

If it appears MINADER is silent on the issue, it means that the languages are constantly losing in administrative circuits as ordered by the Prime Minister (PM). This comes two months after the government seminar on Human Resources Management State held for to the implementation of the decentralization of the management of State personnel and salaries.

Sources disclosed to the Ministry of Civil Service and Administrative Reform (MINFOPRA) that, the Prime Minister perhaps wanted, to “send a strong signal to all ministers who are tempted to overrule the recommendations of this seminar” through annulling the decree decided by MINADER.

A participant at the meeting which was held February 26 2015 at the premises of CPO which included government officials, said the ethics were specified to the Ministers, who must oversee the appointment of human resources of the State.

"Manipulating Ministers tend to think that the discretionary power of appointment is synonymous with arbitrary or complacent. That power should be supervised by rigor and objectivity."

The nominations for technical or administrative positions, as informed by the MINFOPRA stated that it must be in line with the original framework of the Cameroon Public Service. The technical competence, the disciplinary profile and the sociological balance in particular must be taken into account.

"It happens that some Ministers are trying not to point out any suggestion to the CPO who has no interest in delaying appointments. These members of government then prefer to appoint relatives or cronies temporarily to take up Inspector Generals and managerial positions".

Yet, an expert in administrative law explained that, “the short-term appointment does not erase the indiscretion of the decision or of the document. One cannot escape the procedure rules and competence to get appointments within the Cameroonian administration”.

As regards to the rules of jurisdiction, our expert revealed that ministers are capable of appointing, by decision, only officials in the office of head of post and assimilated.

They may appoint by order, after approval by the Prime Minister, heads of deputy and similar services, Department Heads and the like, the Deputy Directors and Assistant Directors.

For his part, the Prime Minister has the jurisdiction to appoint, the Central administration and related directors as an order duly signed by the President of the Republic.

The President of the Republic also appoints persons to other senior positions. "Even the urgency does not justify that we should disregard the legal nature of the administrative act according to the level of responsibility”.

“Any appointment made in violation of the rules on the nature of the act, to the position of responsibility level to be filled, the procedure and substantive jurisdiction is null, "said our expert.

So the questions thousands pose is; who’s next after MINADER?.