Friday, November 26, 2021

Do Public Servants Have Rights?


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In new Gambia the courts and office of Ombudsman are empowered to protect the rights of public servants. According to section 169 (2) of the Constitution a public servant is defined as a person holding an office in a public service, a person in the service of a local government authority, and a person in the service of a Public Enterprise.”

Those working for these institutions are given protection against discrimination by section 169(1) of the Constitution which reads:

“No public servant shall be –

(a)    victimised or discriminated against either directly or indirectly for having discharged his or

her duties faithfully and according to law;

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(b)    be removed from office or reduced in rank or otherwise punished without just cause.”

Hence any public servant who is subjected to any form of discrimination has the right to go to court or Office of the Ombudsman for redress.

The best practice is not to subject any public servant to discrimination warranting resort to the Office of the Ombudsman or the courts to seek for redress.

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