REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT

ON THE

IMPROPER APPOINTMENT OF
SENIOR PUBLIC WORKS DEPARTMENT STAFF

11 March 1999

99.04

--------------------------------------

PUBLIC REPORT
ON THE
IMPROPER APPOINTMENT OF
SENIOR PUBLIC WORKS DEPARTMENT STAFF

PREAMBLE

'For even thy brethren and the house of thy father have dealt treacherously with thee; believe them not, though they speak fair words with thee.'

Jeremiah 12 v 6

SUMMARY

The Ombudsman commenced an enquiry into the alleged improper appointment of three (3) Public Works Department senior foremen or subdivisioners who were not qualified for these posts. The people involved were Mr Willie Lop, appointed as the Senior Foreman for the Tanna PWD, Mr Noah Bihu for Santo PWD, and Mr Gratiano Ruru for Lakatoro PWD. Their temporary appointments were made by the then Prime Minister, Mr Maxime Carlot Korman.

The Public Service Commission (PSC) appointed Messrs Lop and Bihu on permanent basis. Neither of these people possess the minimum qualifications essential as stated in the job description of the post nor have they had any PWD work experience prior to their appointments. The PSC failed to consider this when they confirmed the appointment of Messrs Lop and Bihu on a permanent basis.

The temporary appointments of Messrs Lop, Bihu and Ruru, made by the then Prime Minister, Mr Korman, were for an indefinite period. This was contrary to Art.57(4) of the Constitution which says that temporary appointments can be made by the Prime Minister but only for a specific period. This means that the date the appointment takes place and ceases must be stated in the letter of appointment. Mr Korman also appointed Mr Lop on an acting basis which lasted for seventeen (17) months. This was contrary to cl. 4.6 of Part B of the Public Service Staff Manual which says that acting appointment cannot be made for a period of more than six months.

There was interference by politicians in the permanent appointment of Messrs Lop and Bihu when the former Minister of Transport and Public Works, Mr Amos Bangabiti, and his Second Political Secretaries in the Ministry, Messrs Irene Bongnaim and Theodore Solong told the Director of PWD to submit recommendations of permanent appointments for Messrs Lop and Bihu to the Public Service Department (PSD), as they were their political party supporters.

Messrs Lop, Bihu, and Ruru were not appointed on merit but rather on being strong supporters of the political party in power at that time, the Union of Moderates Party (UMP).

In Vanuatu at that time there were five (5) PWD foremen in the archipelago.

These appointments gave the control of public works, the distribution of fuel, use of all government trucks, machinery, and works to be done throughout the islands to politicians.

-------------------------------

TABLE OF CONTENTS

PREAMBLE
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3. RELEVANT LAWS AND REGULATIONS
4. OUTLINE OF EVENTS
5. RESPONSES TO THE PRELIMINARY REPORT
6. FINDINGS
7. RECOMMENDATIONS
9. INDEX OF APPENDICES

-----------------------------------------------

1.	JURISDICTION

1.1	The Constitution and the Ombudsman Act allow me to look into the actions of the government and other organisations in which the government has interests. This includes the conduct of the Public Works Department (PWD) and The Public Service Commission (PSC). I can also look into breaches of the Leadership Code.

2.	PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

2.1	The scope of this investigation is to establish the facts relating to the appointments of Messrs Willie Lop, Noah Bihu, and Gratiano Ruru into the PWD and to determine whether:

∑	the conduct of Mr Maxime Carlot Korman, then Prime Minister, in making these appointments on a temporary basis was proper;

∑	the conduct of Messrs William Mael, Daniel Ishmael, Johnny Tensly Lulu, Edwin Basil, and Amos Andeng as members of the PSC making such appointments was proper;

∑	the conduct of former Director/Acting Directors of PWD Messrs Benoit Saint-Omer, Debahapuwe Banda and Simeon Nixon in recommending the permanent appointment of Messrs Lop, Bihu, and Ruru was proper;

∑	the conduct of Messrs Theodore Solong and Irene Bongnaim, former Third Political Secretaries in the Ministry of Transport and Public Works in influencing the Directors of PWD to recommend permanent appointment was proper;

∑	Messrs Korman and Bangabiti breached the Leadership Code.

2.2	This Office collected information and documents by informal request, summons, letters, interviews and research.

3.	RELEVANT LAWS AND REGULATIONS

3.1	CONSTITUTION OF THE REPUBLIC OF VANUATU

CONDUCT OF LEADERS

66. (1)	Any person defined as a leader in Article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not to-

(a)	place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;

(b)	demean his office or position;

(c)	allow his integrity to be called into question; or

(d)	endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.

(2)	In particular, a leader shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by sub article (1).

DEFINITION OF A LEADER

67.	For the purposes of this Chapter, a leader means the President of the Republic, the Prime Minister and other Ministers, members of Parliament, and such public servants, officers of Government agencies and other officers as may be prescribed by law.

3.2	Appointment of public servants - jurisdiction of the PS Commission

Arts 60(1) & (4) of the Constitution provide:

(1) The Public Service Commission shall be responsible for the appointment and promotion of public servants, and the selection of those to undergo training courses in Vanuatu or Overseas. For such purposes it may organise competitive examinations.

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

S 3(1)(f) of the Public Service Act [CAP 129] provides:

(1)	The Commission shall in respect of the Public Service, be responsible for -

(f)	acting as the personnel authority for the Public Service.

S20(1) of the Public Service Act provides:

Except as provided in subsections (3) and (4) of this section, every person shall commit an offence who directly or indirectly solicits or endeavours to influence the Commission or any Commissioner or any officer to whom any of the powers or functions of the Commission have been delegated under section 9 of this Act, with respect to its or their decisions.

3.3	Temporary appointment of public servants (jurisdiction of the Prime Minister)

Art 57(4) of the Constitution provides

(4)	The Prime Minister or the chairman of a Local Government Council may, exceptionally, make provision for the recruitment of staff for a specified period to meet unforeseen needs.

(emphasis added)

Cl 1.4[f] of the Staff Manual defines 'temporary officer' or 'temporary appointment' as:

... an officer appointed by a Letter of Temporary Appointment, and recruited for a short- term appointment expected to come to an end in a few weeks or months because of the return of the substantive holder of the post or because of the completion of normal recruitment procedures.

(emphasis added)

3.4	Recruitment procedure

Clauses 3.11 to 3.19 in part B of Chapter 3 of the Staff Manual sets out the formal procedure for recruitment of staff for the Public Service that was applicable at the time of the appointments in this report. Without repeating these clauses in full what is to happen is as follows:

∑	there must be an existing or forthcoming vacancy (cl 3.11)

∑	PS Minister (PM) approves a vacancy for recruitment (cl 3.12)

∑	PS Dept director notifies PS Commission of the approved vacancy (cl 3.12) 

∑	PS Commission decides whether the recruitment is by competitive examination or otherwise (cl 3.12)

∑	PS Commission notifies Department of Labour and Employment of the vacancy and full details of it (cl 3.13)

∑	PS Commission advertises vacancy on radio and in press, overseas if necessary and circularises it within the Public Service (cl 3.13)

˘	Closing date for applications normally one month after advertisement (cl 3.16(b))
˘	PS Minister can waive local advertisement:
¨	if satisfied no local candidate available; or
¨	if local candidate trained at public expense for specialised post. (cl 3.13)

∑	The PS Commission is to make a background check of the applicants from authorities in each particular applicant’s province (cl 3.16(a))

∑	After the advertised closing date for their receipt the PS Commission sorts through the applications received and identifies those that are eligible (cl 3.16(b)); i.e. age, possesses required qualifications per Annex II, no criminal conviction

∑	The PS Commission gives all eligible applications to the relevant Head of Department for the vacancy concerned (cl 3.16(b))

∑	Departmental Head lists eligible candidates in order of preference according to experience, qualification and suitability for vacant position (cl 3.16(b))

∑	If more than one candidate PS Commission has option to hold competitive examination (but does not have to) (cl 3.16(b))

∑	PS Commission meets and selects successful candidate and reports decision to PS Dept. director (cl 3.17)

	˘	If applicable, PS Dept. director to seek any other approval as may be necessary; e.g. Chief Justice (cl 3.17)
	˘	Selection process also to be used to keep a list in order of merit of unsuccessful candidates for future vacancies (cl 3.5)

∑	PS Department director determines salary and conditions to be offered in accordance with policy directions of the PS Minister (cl 3.18)

∑	PS Department offers vacant position to successful candidate by Letter of Appointment, setting terms of engagement (cl 3.19)

3.5	Acting appointment

Cl 4.6 of Part B of Chapter 4 of the Staff Manual provides:

When the Minister responsible for the Public Service considers that it is necessary that a post should continue to be filled at a time when no officer of corresponding substantive rank is available for posting thereto, some other officer, may be appointed by the Minister to act in the post and to assume either fully or in part the duties and responsibilities thereof. Acting appointment shall not normally be made for a period of less than 30 consecutive days or for more than 6 months.

4.	OUTLINE OF EVENTS

4.1	The minimum qualifications essential to the post of the Senior Foreman or Subdivisioner in the PWD are:

Education:	Engineering diploma;
Languages:	English and/or French, and Bislama
Specialised training:	Technical, supervisory, administration and/or management training and certificate;
Work experience:	Wide experience of one area of PWD's technical responsibilities.

A copy of this job description is annexed as A.

Mr Willie Lop

4.2	Mr Lop's education and work experience background.

Education:	Lenakel Primary School
Solomon Islands
Work:	Employed by the National Cash Register (NCR) for 9 years.
Foreman for the Port Vila Municipality 1990 - 1992.

4.3	Mr Lop was appointed on a temporary basis on 20.03.92 as an Assistant PWD Foreman on Tanna by former Prime Minister Mr Korman on a public service salary scale P.13 for an indefinite period. A copy of the appointment letter is annexed as B.

4.4	On 21.07.92 Mr Korman appointed Mr Lop on an acting basis as the Senior Foreman in the Tanna PWD, to last until 29.03.93. This acting appointment took place even though Mr Lop was still not a permanent public service staff member. 'Senior Foreman' is also called 'Subdivisioner'.

4.5	On 29.10.92 the Second Political Secretary of the Ministry of Transport and Public Works, Mr Irene Bongnaim, recommended to Mr Banda, the Acting Director of PWD, to proceed quickly to make arrangements for Mr Lop to be appointed on a permanent basis because Mr Bongnaim said that he was extremely satisfied with the work performance of Mr Lop. 

4.6	On 31.12.92 the acting Director of PWD, Mr Banda, made a recommendation to the Director of PSC that Mr Lop permanently occupy the post of Senior PWD Foreman on Tanna, following Mr Lop's outstanding performance.

4.7	On 3.03.93 Mr Lop was informed by the Public Service Department (PSD) that the Prime Minister had approved his appointment on an acting basis as the Senior Foreman in the Tanna PWD. His acting appointment was backdated to take effect on 21.07.92, for an indefinite period.

4.8	On 31.05.93 the Deputy Director of PSD, Mr André Lesines, told Director of PWD that the PSC had deferred his recommendation for the permanent appointment of Mr Lop.

4.9	On 20.09.93 Mr Lop wrote to the PWD Director, Mr Saint-Omer, applying for a permanent post in the PWD as the Senior Foreman in the Tanna PWD. He said that he had occupied this post since 20 July 1992 and also that Mr Banda, Acting PWD Director, had already recommended him for the post.

4.10	On 23.09.93 the Third Political Secretary in the Ministry of Transport and Public Works, Mr Theodore Solong, wrote to the Director of PWD to say that Messrs Lop and Noah Bihu were appointed on a temporary basis by the Prime Minister but he understood that the Director of PSD was still waiting for recommendations from the PWD Director for their permanent appointments. He told the PWD Director that if these permanent appointments were not made, it would mean that Messrs Lop's and Bihu's appointments made previously by the Prime Minister, were not recognised by the PSD.

4.11	On 21.10.93 a vacancy notice was issued by the PSD on the vacant post of one foreman on the salary scale P.10 in the Tanna PWD.

4.12	On 4.11.93 the Director of PWD, Mr Benoit Saint-Omer, informed the PSD Director that following the advertisement of the vacant post of the Tanna PWD foreman, he was approving Mr Lop for the post and hoped that the PSD would proceed to appoint Mr Lop without further delay. A copy of the letter is annexed as C.

4.13	On 4.01.94 the Minister of Transport and Public Works, Mr Amos Bangabiti, requested the PSD Director to arrange for the confirmation of the appointment of Mr Lop and also other PWD staff. He said:

'In view of their undertaken duties and responsibilities as successful, I would like to see your confirmation of their appointments.'

4.14	On 7.01.94 the Deputy Director of PSD Mr Lesines informed Mr Lop that the PSC had offered him the permanent post of a foreman in the PWD on Tanna on PS Salary scale P.13. This appointment took effect from 28 December 1993 and was subject to his acceptance of the offer of appointment. Mr Lop’s permanent appointment took effect twenty one (21) months after the date of his temporary appointment (20 March 1992), and seventeen (17) months from the date he was appointed on an acting basis (21 July 1992). A copy of the letter is annexed as D

4.15	On 20.01.94 Mr Lop informed Mr Lesines, Deputy Director of PSD, that he accepted this offer of a permanent post in the PSD.

4.16	There is no record of Mr Lop's curriculum vitae in any of his personal files. It now appears that Mr Lop's educational and work experience were never considered before his appointment.

4.17	On 30.09.98 the PSC terminated the appointment of Mr Lop due to redundancy created under the Comprehensive Reform Program.

Mr Noah Bihu

4.18	Mr Bihu listed his educational and work experience background as:

Education:	Ecole Primaire - Vilakalaka 1959 - 1963
College de Santo 1964 - 1967
Ecole de Millice Française 1968 - 1969
Work:	Worked in the former French Administration
Ballande Shipping 1987 - 1989 (on retirement).

4.19	On 1.11.92 Mr Bihu was appointed on a temporary basis as the Regional Manager (North) of the PWD by the then Prime Minister Mr Maxime Carlot Korman on Public Service salary scale P.14 for an indefinite period. A copy of the appointment letter is annexed as E.

4.20	On 23.09.93 the Third Political Secretary in the Ministry of Transport and Public Works, Mr Theodore Solong, requested the PWD Director to submit recommendations for the permanent appointments of Messrs Bihu and Lop. (see also 4.10)

4.21	On 21.10.93 the PSD issued a vacancy notice for the vacant post of one foreman on salary scale P.10 in the Santo PWD.

4.22	On 27.10.93 Mr Bihu submitted an application to the Director of PWD for the vacant post of the PWD foreman in Santo. He said that he applied because he is from the northern part of Vanuatu. He attached a completed Application For Employment form in which he listed his educational and employment background.

4.23	On 4.11.93 the PWD Director, Mr Saint-Omer, informed the PSD Director that following the advertisement for the Santo PWD foreman vacancy, he was approving Mr Bihu for the post and hoped that the PSD would proceed to appoint Mr Bihu without further delay.

4.24	On 7.07.94 (after 20 months as a temporary officer) the PSD Director informed Mr Bihu that the PSC offered Mr Bihu a permanent appointment as PWD Foreman in Santo on public service salary scale P.13. This appointment was backdated to 29.12.92. A copy of the appointment letter is annexed as F.

4.25	On 3.07.97 Mr Bihu appeared before the Public Service Disciplinary Board on a charge of misuse of government properties and was dismissed form the public service. Mr Bihu appealed this decision to the PSC but the PSC confirmed the decision of the Disciplinary Board on 21 October 1997.

Mr Gratiano Ruru

4.26	Mr Ruru listed his educational and work experience as:

Education:	Primary School, Atchin
		High School, Montmartre, New Caledonie
Work:		Taught in a College in Noumea for 19 years.
	Workshop Clerk and later Field Supervisor at the Metenesel Cocoa Project for 3 years.

4.27	Mr Ruru was appointed on a temporary basis on 10.12.93 as the PWD Senior Foreman for Malekula by the former Prime Minister Mr Maxime Carlot Korman for an indefinite period on the public service salary scale P.14. A copy of the appointment letter is annexed as G.

4.28	On 14.12.93 the Minister of Transport and Public Works, Mr Amos Bangabiti, and the Acting PWD Director, Mr Simeon Nixon, sent a letter which both signed, to the PSD Deputy Director Mr Lesines proposing that Mr Ruru be appointed on a temporary basis as the Senior Foreman for the Lakatoro PWD on salary scale P.10.1. They made this proposal because of the work load in the Lakatoro PWD due to the VPSA strike. They did not realise that Mr Korman had already appointed Mr Ruru on 10.12.93 which clearly indicates that Mr Korman made this appointment on his own initiative without prior consultation with the minister responsible for PWD and the PWD Director.

4.29	Mr Ruru was never appointed on a permanent basis up to his retirement from the public service on 24 December 1997. His temporary appointment lasted for over four (4) years!

People involved in appointments BASED ON POLITICS

4.30	From the information made available to this office, the following people were involved in these appointments:

Mr Maxime Carlot Korman	Prime Minister, a member of the executive of the UMP.
Mr Amos Bangabiti		Minister of Transport and UMP Member of Parliament
Mr Irene Bongnaim		Second Political Secretary to the Ministry of Transport 			and Regional UMP President for Port Vila
Mr Theodore Solong		Second Political Secretary to the Ministry of Transport 			and UMP President for Luganville.
Mr Dabahapuwe Banda	Acting Director of Public Works
Benoît Saint- Omer		Director of Public Works
Simeon Nixon		Acting Director of Public Works
Mr William Mael		Chairman of the PSC
Mr Amos Andeng		Member of the PSC
Mr Edwin Basil		Member of the PSC
Mr Daniel Ishmael		Member of the PSC
Mr Johnny Tensly Lulu	Member of the PSC

5.	RESPONSES TO THE PRELIMINARY REPORT

5.1	The preliminary report in this matter was issued on 4 December 1998 ensure that the person or body complained about had an opportunity to reply to the complaints and preliminary findings made against them. 

5.2	The preliminary report was issued to the following people:

Hon. Maxime Carlot Korman			* Mr Benoît Saint-Omer
Hon. Irene Bongnaim				* Mr Simeon Nixon
Mr Amos Bangabiti				* Mr Mael William
Mr Theodore Solong 				* Mr Amos Andeng
Mr Debahapuwe Banda			* Mr Daniel Ishmaël
Mr Edwin Basil					* Mr Noah Bihu
Mr Johnny Tensly Lulu
Mr Willie Lop
Mr Gratiano Ruru

Replies to the Preliminary Report were received from those marked with an asterix.

Reply of Mr Daniel Ishmael

5.3	In his reply Mr Ishmael stated that during the reign of the UMP Korman led Government, the majority of the members of the Public Service Commission, like in other Government departments, were strong supporters of UMP. They had a priority to serve the interest of the party and to implement the decisions of the Prime Minister. The appointments of these 3 people followed the majority rule which was the normal procedure of voting of the PSC.

Reply of Benoît Saint- Omer

5.4	In his reply Mr Saint- Omer stated that at that time it was very difficult for a Director not to follow a Prime Minister’s decision. He also stressed that these appointments were made by the Prime Minister's office without technical consultation with the Public Works Department. He went on saying that these appointments were certainly deteriorating the efficiency of the PWD. 

Mr Saint- Omer’s reply is appendix 'H'

Reply of Simeon J. Nixon

5.5	Mr Nixon replied at the time of the appointment of Gratiano Ruru he was only acting Director of Public Works because the Director Mr Saint- Omer was on leave and his Deputy was on strike. He stressed that one of the reasons behind the appointment of Gratiano Ruru was the VPSA strike in 1993. He stressed that the appointment of Mr Ruru was made by the Prime Minister's Office prior to the department's recommendation. He added that his recommendation for Mr Ruru was based on the strike situation and the urgent need of a sub-divisioner at Lakatoro. The appointment was supposed to be terminated when the strike ended which was not the case. 

Mr Nixon’s reply is appendix 'I'

Reply of William Mael

5.6	Mr Mael came to the Office of the Ombudsman to give his comments on the Preliminary Report.

According to Mr Mael the posts were advertised and the appointments followed the proper procedures. The temporary appointments were made for six (6) months. After that period they were appointed permanently by the PSC with the advice of the Director of Public Works Department, Benoît Saint- Omer.

Reply of Amos Andeng

5.7	In his reply Mr Andeng stated that according to him there was nothing wrong with these appointments.

Reply of Noah Bihu

5.8	In his reply Mr Bihu stated that he agrees with the Ombudsman that his appointment was based on his political affiliation.

Mr Noha Bihu’s letter is appendix 'J'

6.	FINDINGS

Finding No. 1:	The conduct of Mr Korman in making these three temporary appointments was based on improper motives and irrelevant grounds, and therefore unjust and discriminatory.

6.1	Messrs Lop, Bihu and Ruru are supporters of the UMP so Mr Korman appointed them on the basis of political party supporters rather than on merit. It appears that Mr Korman did not check the educational and work experience backgrounds before he appointed these people because if Mr Korman had done so, not one of these people came close to the minimum qualification for the posts they were appointed to.

6.2	Other serving PWD staff could have been appointed on an acting basis but Mr Korman ignored them all, their PWD work experience and qualifications, and appointed instead his political party's supporters who had no technical skills and PWD work experience. When Mr Korman appointed Mr Ruru, the Minister (Mr Bangabiti) responsible for PWD and the PWD Director did not even know about it because four (4) days after Mr Ruru was appointed, they were asking the PSD to appoint Mr Ruru on an acting basis.

6.3	Mr Korman knew that Mr Lop was still on a temporary and not a permanent appointment when he appointed him as the acting Tanna PWD Foreman. This acting appointment lasted for seventeen (17) months when the Public Service Staff Manual (refer 3.8) provides that acting appointments can not normally be made for a period of more than six (6) months.

Finding No. 2:	This conduct of Mr Korman was contrary to Article 57(4) of the Constitution

6.4	Mr Korman appointed Messrs Lop, Bihu, and Ruru on temporary basis without giving a specific period, meaning the exact dates appointments took effect and ceased, to comply with the requirement of the Constitution (refer 3.5). These 'temporary' appointments continued to exist for a periods of twenty (20) months to four (4) years.

Finding No. 3:	The conduct of Messrs Amos Bangabiti (Minister), Irene Bongnaim and Theodore Solong (political secretaries) in pushing the permanent appointments of Messrs Lop and Bihu, were based on improper motives.

6.5	Messrs Bangabiti, Bongnaim and Solong influenced the PWD Director to submit recommendations to the PSD so that Messrs Lop and Bihu could be appointed on a permanent basis. This showed a direct influence by politicians on the PWD Director for the purpose that their political close friends (Messrs Lop and Bihu) were appointed because they were UMP supporters, rather than on merit. 

Finding No. 4	The conduct of Messrs Bangabiti, Bongnaim and Solong was contrary to the Constitution and the Public Service Act.

6.6	By influencing the Director of PWD as mentioned in 6.5 above, they also influenced the PSC. That conduct is contrary to Article 60 (4) of the Constitution.

6.7	Messrs Bangabiti, Bongnaim and Solong breached section 20(1) of the Public Service Act which says that no person can directly or indirectly solicit or endeavour to influence the Commission with respect to any decision the PSC may make.

Finding No. 5:	The conduct of the members of the Public Service Commission Messrs William Mael, Amos Andeng, Edwin Basil, Daniel Ishmael, and Johnny Tensley Lulu in permanently appointing Messrs Lop and Bihu was blatantly unreasonable and unjust (based on improper considerations).

6.8	The work experience and educational backgrounds of Messrs Lop and Bihu were not properly considered by Messrs Mael, Andeng, Basil, Ishmael, and Lulu against the qualifications required for the post as stated in the Job Description of the PWD Senior Foreman/Subdivisioner. If they had done so they would have found out that Messrs Lop and Bihu did not qualify for the posts therefore they could not have confirmed their appointments on a permanent basis in the first place.

6.9	It appears that these members of the PSC were influenced by politicians to appoint these people on a permanent basis, not on merit but rather on the direction of politicians or on a political affiliation basis. 

Finding No. 6	Messrs Korman and Bangabiti breached the Leadership Code, Article 66(1) (a) and (c).

6.10	Mr Korman, in his active role in these illegal temporary appointments, allowed his integrity to be called into question. He compromised the fair exercise of his duties by appointing on political affiliation, not merit. He also acted in a situation of conflict where his own party was made to benefit by controlling public works in the islands. He also jeopardised the development in the islands by appointing non-qualified people for these positions only on the basis of their usefulness to himself and the party.

6.11	Mr Bangabiti, as Minister responsible for PWD, directly influenced the PWD Director to recommend the permanent appointments of Messrs Lop and Bihu because they are their political party supporters. By doing so, he similarly allowed his integrity to be called into question and compromised the fair exercise of his duties. As a UMP Minister, he also had a conflict of interest in influencing the appointments of UMP supporters as public servants.

7.	RECOMMENDATIONS

RECOMMENDATION: 	BASED ON THEIR BREACHES OF THE LEADERSHIP CODE AND MALADMINISTRATION, MESSRS KORMAN AND BANGABITI SHOULD NOT BE APPOINTED TO ANY MINISTERIAL OR OTHER LEADERSHIP POSITION IN THE GOVERNMENT OF VANUATU.

Dated the 11th day of March 1999.

Marie-Noëlle FERRIEUX PATTERSON
OMBUDSMAN OF THE REPUBLIC OF VANUATU

9.	INDEX OF APPENDICES

A 	Job Description for the PWD Foreman/Subdivisioner.

B 	A copy of Mr Lop's letter of temporary appointment.

C 	A copy of a letter from the Mr Saint-Omer recommending the permanent appointment of Messrs Lop and Bihu

D.	A copy of the PSD letter to Mr Lop on his permanent appoint.

E 	A copy of Mr Bihu's letter of temporary appointment.

F	A copy of the PSD letter to Mr Bihu on his permanent appointment.

G.	A copy of Mr Ruru's letter of temporary appointment.

H.	Mr Benoît Saint- Omer’s reply to the preliminary report.

I.	Mr Simon Nixon’s reply to the preliminary report.

J.	Mr Noah Bihu’s reply to the preliminary report.

---------------------------------------------------------