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2007 Assessment

Sierra Leone: Integrity Indicators Scorecard

Sierra Leone: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	50
43	Are there regulations addressing conflicts of interest for civil servants?	17
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Financial and General Orders of the Civil Service; Code of Conduct of Civil Servants, Constitution of Sierra Leone Section 151; The Code, Regulations and Rules of the Sierra Leone Civil Service (2004)

Peer Review Comments: By law, yes, there are regulations requiring an impartial, independent, and fairly managed civil service -- a civil service that is rooted in a preference for being honorable rather than selfish, for being progressive rather than showing a lack of will to make a difference. But Sierra Leoneans have paid a heavy price for being too susceptible to the deviant and corrupt practices of civil servants, nullifying the competence the civil service once enjoyed in colonial times and the years immediately after independence.

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Financial and General Orders of the Civil Service; The Code, Regulations and Rules of the Sierra Leone Civil Service (2004) 12 &13; , Constitution of Sierra Leone Section 151

Peer Review Comments: By law, yes, there are regulations to prevent nepotism, cronyism, and patronage within the civil service. However, corruption is seen in a number of transactions within the civil service, including bribery and cronyism in developing national policy, embezzlement in implementing public programs, bribery in issuing permits and licenses, and collecting "rents" while conducting public service.

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: Public Service Commission Regulations. Section 146 of the Constitution also mandates the establishment of the Office of the Ombudsman to investigate and recommend appropriate actions to redress actions omitted or taken by public officials.

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: Public Service Regulations bar public officers with criminal records from being re-employed in the public service.

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown.

Peer Review Comments: The civil service is run as if it is the private property of the people employed by politicians to run it. The Sierra Leonean culture of corruption has supported a distinctive and enduring pattern of relations between the civil service and society, which contains the seeds of enduring problems in political and developmental policy. Within a general "conspiracy of make-believe," civil service authorities think they are the "untouchables" with whom parliamentary and presidential authorities feign compliance, while Sierra Leonean society at large continues its tradition of passive and apathetic submission to the caprices of public officials. The discernible ease with which the civil servants coordinate their official responsibilities with their private obligations -- negotiating guiltlessly a course between their own interests; the claims of spouses, children, and kin; and the public office -- is simply amazing.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

Peer Review Comments: Patronage and patron-client relationships are an integral part of both political and economic life in Sierra Leone. The new president, Ernest Koroma, has promised to initiate a new order. It remains to be seen whether he will succeed or not, as many of his supporters are expecting that the election victory will bring them personal benefits.

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

Peer Review Comments: According to the public orders, yes, civil servants have clear job descriptions. However, in practice, civil servants hardly do any work. The bureaucracies in the various government departments suffer from low capacity, often don't deliver effective services, and are frequently staffed with poorly remunerated, poorly motivated public servants who run the civil service as if it is their private property.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: Annual Estimate lists posts and vacancies in government departments.

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: There were delays in the payment of salaries to some local government employees and teachers, but these are not considered part of the national civil service per se.

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

Peer Review Comments: While I don't have comprehensive knowledge of the civil service, I know that teachers at polytechnics were paid up to three months late during the last year.

Peer Review Comments: This may be the case for civil servants in Freetown and a few of the other main cities, such as Bo, but not necessarily for local civil servants elsewhere in the country. For many, irregular payment of their salaries still occurs.

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: Interview with Baba Fortune, Deputy Secretary, Ministry of Education, Freetown, Sierra Leone

Peer Review Comments: Even those convicted by the Anti-Corruption Commission return to their jobs -- for example, Pujeh.

Peer Review Comments: In practice, this is true to some extent. But as stated in one of my essays on corruption published in the World Press Review, there is the Anti-Corruption Commission's inability to aggressively pursue culpable government actors, and there are also the covert actions by the office of the president and vice president to protect party heavyweights in the civil service from prosecution for crimes of corruption. As such, the country's national program against corruption has no teeth, and is selective at best.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: The is no legislation that specifically deals with conflicts of interest. See Sonnia-Magba Bu-Buakei Jabbi and Salia Kpaka (2007), 'Reconstruction Public Integrity System Survey,' National Accountability Group, Freetown P45

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: There are no such laws.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: Anti-corruption Act Section 8

Peer Review Comments: By law, yes, there are regulations governing gifts and hospitality offered to civil servants. However, there is a failure to strictly enforce the regulations governing gifts and hospitality. In spite of the scope of official rules and legislation, in reality the risk of discovery and punishment of corrupt civil servants is very low. Of course, cabinet ministers are eager to point out that corruption is an evil and that no one stands above the law. In the previous administration of Tejan Kabbah, several high-profile scandals involving ministers and high officials led to temporary arrests, transfers, and suspensions. Even "small fish," such as customs officers and clerks with reputations for extorting huge sums of money from people importing cars and other items into the country, were left to thrive. However, oversight of these institutions by a notoriously understaffed Auditor General's Office is circumstantial at best. Enforcement of public orders and statutory regulations is not universal but rather restricted to a few politically motivated cases.

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: There are no such regulations.

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

Peer Review Comments: In spite of the scope of official rules and legislation, in reality the risk of discovery and punishment of corrupt civil servants is very low. Of course, cabinet ministers are eager to point out that corruption is an evil and that no one stands above the law. In the previous administration of Tejan Kabbah, several high-profile scandals involving ministers and high officials led to temporary arrests, transfers, and suspensions. Even "small fish," such as customs officers and clerks with reputations for extorting huge sums of money from people importing cars and other items into the country, were left to thrive. However, oversight of these institutions by a notoriously understaffed Auditor General's Office is circumstantial at best. Enforcement of public orders and statutory regulations is not universal but rather restricted to a few politically motivated cases.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: Laws and practices relating to disclosure are slowly emerging. The Local Government Act of 2004 requires local council members to declare assets; the new President of the Republic has said that he will declare his assets. Officers at the National Procurement Authority are required to fill out an asset declaration form.

References: There are no such laws.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: There are no such laws.

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: There are no such laws.

References: Baba Fortune, Deputy Secretary, Ministry of Education, October11, 2007, Freetown