The Office of the Public Service Commission calls on the Vanuatu Government to Review Ombudsman Act

Removal of Immunity to ensure they are accountable to the lies…

PORT VILA, APRIL 10^th, 2025. The Office of the Public Service Commission through the office of the Acting Secretary- Mr. Stephane Bong wishes to express its deep concern over the ongoing and deliberate online provocation directed at the Public Service Commission over the recent Ombudsman Public Report publication on April 08^th, 2025.

The OPSC through the office of the Secretary wishes to confirm from our records that the consultation took place between the OPSC and the Acting Director General at that time with Director responsible for the position.

In light of the recent social media posts by OMB officer, it is alleged that the officer continues to pursue the investigation and publication of report in bad faith which contradicts the fundamental purpose of the Ombudsman institution, which is to promote transparency, accountability, integrity, good governance to all public institutions or government institutions in the Republic of Vanuatu.

“The OMB's priorities seem misguided, as it concentrates on minor matters while neglecting significant issues.”

On 08^th April 2025, the Ombudsman published a public report on the unlawful transfer of Mr.Badggio Malapa with the recommendation to terminate Commission Members of the Office of the Public Service Commission (PSC), inclusion Mr. Martin Mahe.

After reviewing the contents of the Ombudsman’s public report, the Public Service Commission has assessed the matter and formed its official position as follows:

The Ombudsman holds the view that the transfer of Mr. Badggio Malapa was not conducted in accordance with the provisions of the Public Service Act and the Public Service Staff Manual. However, it is important to note that, under Section 26(1) of the Public Service Act, the Public Service Commission is empowered to direct the transfer of any employee from one position to another, provided it fulfills its obligation to act as a Good Employer. Furthermore, the Commission retains its discretionary and constitutional authority under Article 60(4) of the Constitution, which ensures that it is not subject to the direction or control of any other person or body in the exercise of its functions.

The Ombudsman is incorrect in asserting that the Public Service Commission has breached Section 49 of the Public Service Act. The Commission confirms that consultation took place between PSC Officials and the Acting Director General of the MOET at that time and the Director regarding the position of Industry/BDS Coordinator prior to the transfer of Mr. Badggio. The Office of the Public Service Commission fulfilled its obligations and responsibilities as a Good Employer, ensuring fairness and adherence to its duties toward its employees.

The suggestion that the Members of the Commission, including the Chairman, should be terminated by the Head of State for alleged breaches of the Public Service Act and the Leadership Code reflects a misunderstanding of the Commission's role. The Commission is entrusted with carrying out its functions as a decision-making body through a fair and transparent process, and due consultation has been conducted in accordance with these principles. Furthermore, the report contains inaccuracies regarding the statements made by the Director General at the time, as his recollection of the relevant events is incorrect because he is not in the country at the time. It is crucial that the Ombudsman’s Office gathers more accurate information and substantiated evidence before submitting a report, as such reports significantly impact the reputation of the Commission members, who serve as leaders holding high public office

In light of the above, the Public Service Commission wishes to assure all the citizens of the Republic of Vanuatu that PSC is committed to ensuring that all its actions are lawful and in accordance with the highest standards of integrity by upholding Article 57(1) and Article 60 (4) of the Constitution that reads:

“Public servants owe their allegiance to Constitution and to the people of Vanuatu”.

“The Commission shall not be subject to the direction or control of any other person or body in the exercise of its functions”.

According to the Daily Post Issue No.7251 of Wednesday, April 09^th 2025, the PSC Chairman Mr. Martin Mahe has reiterated his stance that the report is baseless. The office of the Acting Secretary confirms this statement given that there is lack of credibility, citing evidence that Ombudsman investigators, interviewed the wrong individuals during their inquiry.

"The OPSC reconfirm that the consultation process as required under the provision of PS Act is been complied with, where there is consultation with the Acting DG and Director prior to Mr. Malapa's transfer," stated by Mr. Bong. "Now that the report has been made public, along with ongoing posts on Facebook, the Chairman and members of the Public Service Commission have the right to sue the Office of the Ombudsman for defamation.”

The Facebook post by OMB staff represents his individual interest and not of the Office of the Ombudsman and he is not entitled to immunity under the ombudsman act, therefore we will file a police complaint and lodge an official complaint against him once a new Ombudsman is officially appointed.

Such actions by one of the staff of the Office of the Ombudsman not only undermines the values we stand for but also jeopardize constructive dialogue and mutual respect between the two highly respective institutions.

With all the reforms currently undertaken, PSC strives to ensure that services provided to the Government and Vanuatu people is at the highest professional standard, and to conform to the Constitution, the Public Service Act, the guiding principles of the Public Service set out in section 4 of the Public Service Act (CAP 246).