IEC staff take electoral body to court

  • 24 January, 2019

Restless employees have taken the Independent Electoral Commission (IEC) to the Constitutional Court over the new organizational structure the commission intents to implement.

The 130 employees stationed in different districts include constituency electoral assistants, office assistants, drivers, store keepers, data captures and receptionist who are aggrieved by the proposed new structure and they are asking the constitutional court to ask to show cause if any why they (respondents) cannot be interdicted, prohibited and restrained from proceeding with the implementation of the new organizational structure formulated by the commission’s management task team or even appointing any person to the created positions envisaged in the new structure pending finalization of the case.


The employees also want the IEC to tell the court why they cannot be interdicted, prohibited and restrained from taking any steps in relation to the performance of any activity pursuant to the new organizational structure pending finalization of the case.
They also want the IEC to show cause why the court cannot issue an order directing the officials of the commission and anybody responsible for keeping the records of the new organizational structure and profiles of the management task team in issue to dispatch the documents incidental and connected with the new organizational structure to the court seven days after the service of the order.


With regard to the commission’s money, the employees want the IEC to show cause why the court cannot make an order directing the management of the commission to appoint an auditor to audit IEC for the monies allocated to it from 2013 to 2017/2018 financial year after parliament was dissolved on March 6, 2017.


They also want the IEC to tell the court why it cannot be declared that the positions contemplated in the new organizational structure are null and void and of no legal force to the extent of discriminating against the aggrieved employees contrary to Sections 18, 19 and 26 of the Constitution.


On the other hand, the employees want the commission to tell the court why it cannot order for the reviewing and setting aside of the decisions of the IEC to formulate the new organizational structure in issue without their consent, inputs and or participation as irregular and of no legal effect.


The aggrieved employees want the IEC to tell the court why it cannot declare the invalidity of the decision of the commission stalling the implementation of the structure executed by Dr. Griffith Zabala to the extent of taking away their benefits contrary to Section 17 (1) of the Constitution.


They further want the IEC to tell the court why it cannot be declared that they are entitled to the benefits and salaries commensurate to their appointments to positions authorized in the structure of Dr. Zabala.


Besides the IEC, other respondents in this case are the Ministry of Public Service, Ministry of Finance, Clerk of the National Assembly, Commissioner of Police and the Attorney General.


Their case is yet to be allocated a panel of Judges to hear it.

Lena

Arnold Schwarzenegger

“Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.” – Arnold Schwarzenegger