Joy for civil servants as government settles litigations out of court
Civil servants with pending court cases against the government may soon be celebrating hefty payouts after President Duma Gideon Boko ordered state lawyers to stop fighting losing cases and start paying up.
In a major policy shift, the new regime is ditching the old government’s the stiff-necked approach of dragging out hopeless court battles.
In a recent High Level Business Engagement Forum, President Duma Gideon Boko instructed government legal teams to avoid litigating against citizens when the state is clearly in the wrong.
Boko instead prescribed out of court settlements instead of arguing cases on technicalities.
Government has over the years experienced rising numbers of court cases especially at the Directorate of Public Service Management (DPSM) with a number of civil servants challenging unfair appointments and irregular hiring practices.
In the past some Permanent Secretaries have been implicated in some questionable appointments including the appointment of officers with criminal records, or officers without the required qualifications.
Favouritism and nepotism by the appointing authorities have been the cause of most litigation against the state.
This lack of due process and favouritism has led to a number of lawsuits against the DPSM, Ombudsman and entities like the Directorate of Intelligence and Security Services (DIS).
In a recent case, disgruntled DIS officers are suing government over a number of things including unlawful suspension, arrest and detention.
Boko’s order for out of court settlement seems to have already taken effect.
The Ministry of Local Government has recently opted for an out-of-court settlement in a matter filed by Leslie Shimane Dodzi-Botsie.
Botsie had wanted the court to review and set aside the appointments of 15 Deputy Council Secretaries and Deputy Town Clerks made between March and August 2024, arguing they were illegal and in violation of the Public Service Act.
The Permanent Secretary in the Ministry of Local Government, and the DPSM Director were cited as second and third respondents accordingly.
The applicant and government have since reached an out of court settlement, and the employer will appoint Botsie to the position of Deputy Council Secretary/Deputy Town Clerk.
The employer will place or post the applicant within three months after issuance of court order, and government will cover all legal costs.
