Q&A – 24 February 2014

Accountability of public officials

I have been working with some accountants in government offices who I know are causing huge losses to the government because of their negligence. They might not be stealing but their non-attention to detail, and hurry to go home, is a serious issue that needs to be addressed. Is there no law that has consequences for such behavior that is causing huge losses to the government?
GU, Dar

The Public Finance Act has specifically provided the following in section 10:

Where there occurs a loss of or deficiency in public money or other money that has been advanced to or was under the control of a public officer or where a loss or destruction of or damage to public property or other property occurs while the property was in the care of a public officer and the Minister is satisfied after due enquiry that the negligence or misconduct of the officer caused or contributed to such loss or deficiency,
then –
(a) the amount of such loss or deficiency; or
(b) the value of the property lost or destroyed; or
(c) the cost of replacing or repairing the damage to that property, as the case may be, shall be a debt due to the Government and may be recovered from the officer in accordance with the Public Officers (Recovery of Debts) Act, 1970.

Where the negligence or misconduct of a public officer was not the sole cause of any loss, deficiency damage or destruction resulting in an action under subsection (3), the amount recoverable from the officer may be restricted to so much only of the cost of, or the cost of replacing or repairing, the loss, deficiency, damage or destruction as the Minister considers, after due enquiry, to be just and equitable having regard to the contribution made by the officer to that loss, deficiency damage or destruction.

In this section a reference to a public officer includes a person who has been such a public officer.

You can see from the above that there is a specific law that allows for the government to recover losses occasioned to the government by such officers. Many accountants are not aware of this provision of the law.

Dressing in Government office

I work for a certain government office and my boss has told me to stop wearing short dresses. He probably likes me and that is the reason. He doesn’t look at his own wife who wears shorter dresses and sometimes tight jeans when she comes to visit him. Does he have a right to tell me what to wear and not say anything to his wife. Please advice if his thoughts on the length of my skirt and his eyes on my skirt are legal or is this a sexual offence.
KR, Dar

We have not come across any law that says a sexual offence is committed when a man, under normal circumstances, briefly looks at a woman especially in a public area. In fact if you are wearing a short skirt, it is likely that a man’s eyes will fall on it- if he continues looking at the skirt and not you, this might create an offence but this is not what your question states and hence we do not discuss it here. If looking at a woman in a short skirt is an offence, then most men would have been charged by now including the public prosecutor and police.

Your boss’ thoughts on the length of your skirt has the force of a government circular. The Public Service Recruitment Secular No. 3 of 2007 provides on how public service employees should dress at work. Some of the prohibited outfits include short and tight cloths, jeans, t-shirts, slippers and transparent cloths. Hence since you are working for the government, you are automatically disallowed to wear short skirts in your workplace. There is however no ban on you wearing a short skirt outside of work.

Your boss’ wife is not a government employee and is not bound, atleast in your work place, to the circular above. If you are thinking of changing from wearing a short skirt to wearing tight jeans, like your bosses wife, please be informed that that is also not allowed under the circular.

If you want to continue working in the government, we recommend you consider changing your wardrobe. Your lawyers can guide you further.

Boundary dispute in gas exploration

We have a dispute with a neighbouring block owner and he has threatened to refer the matter to the Commissioner of Energy and Petroleum affairs. Can this commissioner determine the dispute and if so is his decision appealable.
YP, Dar

The answer to your questions is yes to both. The Commissioner for Energy and Petroleum Affairs is allowed to determine such disputes. And yes, his decisions are appealable.

This is provided for under the Petroleum (Exploration and Production) Act of 1980 where it states the following:

The Commissioner may inquire into and decide all disputes between persons engaged in exploration or development operations, either among themselves or in relation to themselves and third parties (other than the Government) not so engaged, in connection with—a) the boundaries of any exploration area or development area; b) any act committed or omitted, or alleged to have been committed or omitted, in the course of, or ancillary to, exploration or development operations; c) the assessment and payment of compensation pursuant to this Act; or d) any other matter which may be prescribed.

Any person aggrieved by a decision, decree or order of the Commissioner made or given pursuant to this part may appeal to the High Court within the period of sixty days after the decision, decree, or order is given or made.