It was great witnessing the flurry of appointments in the last two weeks to top Government C.E.O. positions, which ushered in some of the country’s high achievers, as new bureaucrats to lead the public service forward. 

But the Cabinet’s appointment of Papalii John Taimalelagi to his old position this week – as the C.E.O. of the Ministry of Justice and Courts Administration – came from the left field and raises a lot of questions about the integrity of the Public Service Commission’s recruitment process.

An article (Papalii back as Justice boss) in the Thursday 22 December 2022 edition of the Samoa Observer reported on the controversial appointment by the Cabinet.

The Cabinet’s appointment was confirmed by a statement issued on Wednesday night by the Government Press Secretariat, which gave a glowing appraisal of Papalii’s education and experience.

“Papāli’i has extensive experience and knowledge of the work of the Ministry of Justice and Courts Administration, having worked there for over 10 years, starting at the ACEO level and then being appointed C.E.O. from 2016 to 2019,” reads the statement. 

“He also worked in the court system in the New Zealand Ministry of Justice.

“He graduated with a Bachelor of Arts degree from the University of the South Pacific in 2003. 

“He also passed a certificate of Samoan customary mediation from Otago University and is now a 4th year law student pursuing a Bachelor of Law (LLB) at Auckland University of Technology.”

But hang on wasn’t Papalii sacked as the C.E.O. of the Ministry in May 2019 following an investigation into allegations of misconduct which included sexual harassment? The story of his sacking made headlines and was covered extensively by both the local and international media. 

In fact the irony behind his appointment this week as the C.E.O. of the Ministry is that it was the findings and recommendations of a P.S.C. investigation in 2019 which led to his termination from the public service.

So if the P.S.C. did an investigation over three years ago into the misconduct allegations against Papalii, what happened to the file from that inquiry and did the commission revisit and review those misconduct charges as part of their process?

Announcing appointments like this, that appear to gloss over the new appointee’s P.S.C. track record, makes a mockery of the Government’s recruitment process and also puts the spotlight on the commission itself. 

In retrospect, it also singles out the current Government’s track record in addressing incidents of workplace harassment, now that Papalii has been given the greenlight to return to his former position at the Ministry of Justice and Courts Administration. 

Did the Cabinet factor in the safety of the female employees who lodged the complaint against their former boss who is now returning? Did they also consider the work environment these women now have to work in?

The Cabinet might have argued the case against Papalii never went to Court but the facts remain that he admitted to the P.S.C. charges – as to why the former Administration never referred the matter to the Police for possible criminal charges remains a mystery.  

Lets not also forget the missing files from the LTC Courts that were taken away from Court premises which Papalii played a part in. It is important to remember some of the findings from the investigation of the P.S.C. and its view on that matter.

“The Lands and Titles Act 1981 does not provide /allow for the removal of files out of the Court premises. It is also clear from the findings that the files request and the request by the Minister did not relate to any official matter," the investigation report noted. 

“In determining the penalty for this charge, the Commission of the view the C.E.O. failed to discharge his duty carefully and diligently, when he allowed the release of files outside of the court premises who the Minister had a conflict with, without following its own Ministry’s procedure of access to records.”

Perhaps the Cabinet should also not neglect its duty to carefully screen top Government officials and their conduct and maintain the integrity of the most crucial pillar in our democracy, the judiciary. 

Last month didn’t hundreds of Government Ministry public servants gather in front of the Government Building to mark 16 Days of Activism to end violence against women and girls in Samoa (which also includes creating a safe working environment free from harassment)?

It is not fair for Samoa’s development partners and donors to continue to funnel millions of dollars in aid funding into programmes – which promote respect for gender and violence and harassment-free homes and workplaces – and the Government of the day goes ahead and recruits a former bureaucrat who was the subject of a P.S.C. investigation that later led to his termination.

The statement that was issued by the Press Secretariat on Wednesday night to advise of Papalii’s three-year appointment was only 126-words long. Why couldn’t the Press Secretariat issue a longer statement, which would have detailed the position that the P.S.C. had taken following its 2019 investigation and if its findings from that investigation three years ago were ever brought to the attention of the Cabinet last week?

Who were the other applicants on the shortlist who were interviewed for the top job and how did Papalii get the nod ahead of the other candidates – if indeed there were other candidates?

At the end of the day, any recruitment into Samoa’s public service by the P.S.C. should be impartial and done without fear or favour, and any man or woman keen on joining the public service should be motivated by their desire to serve the people. 

Political affiliation should not be a prerequisite when applying for a job with Samoa’s public service. Anyone with strong political affiliations to any political party should not be considered for top public service positions. 

Nonetheless the appointment of Papalii to the C.E.O. position at the Ministry of Justice and Courts Administration – overlooking the P.S.C. charges from 2019 that led to his sacking during the term of the former Administration – is a backward step for the current Government.

It is always the people’s wish that the best man or woman, who would pass a fit-and-proper-person test, is recruited to head the Ministry that is administratively responsible for the dispensation of justice in this country.

Based on all the information we have on hand, including that 126-word statement that was issued the previous night, Papalii falls short as a fit and proper person and his appointment should be immediately overturned by the Cabinet.