THE decision to suspend Edmond Sikua as Permanent Secretary of the Ministry of Police and National Security was made by the Public Service Commission, Secretary to Cabinet James Remobatu said yesterday.

Mr Remobatu made the clarification after Mr Sikua’s lawyer, Gabriel Suri, of Suri’s Legal Services, challenged the legality of his client’s suspension in court on Wednesday.

Gabriel Suri told the court the letter of suspension issued to his client did not come from the lawful source or authority.

He said section 41 (2) does not give the Secretary to Cabinet the powers to issue the suspension notice.

“There is no legal basis for the Secretary to Cabinet to issue the suspension letter as according to sections 128 and 116 of the Constitution,” Mr Suri said.

He added that any such letter of suspension must come from the Public Service Commission and not from any other government agencies.

Mr Suri said the court cannot rely on the suspension letter that prosecution tendered to the court.

But Mr Remobatu said Sections 128(1) of the Constitution made it clear that Permanent secretaries are appointed by the PSC.

“In the same vein, their termination or discipline is also determined by the PSC. That decision was sent to me to convey to Mr Sikua which I did in my letter to him,” Mr Remobatu said.

He confirmed the submission to suspend Mr Sikua came from the Office of the Prime Minister and Cabinet based on a submission by the RSIPF.

“Under section 37 of the Constitution, the Governor General assigns to the PMC certain responsibilities one of which is on Constitutional offices and affairs and responsibility for the Public Service Commission.

“The secretary to cabinet has been assigned by the Prime Minister to assist him in carrying out his duties as given by the GG to deal with PSC and Constitutional affairs. In that spirit, the suspension or discipline of Permanent Secretaries or their termination is also made by PSC with the concurrence of the PM,” Mr Remobatu said.

He said the Secretary to Cabinet in this case was merely carrying out the Prime Minister’s responsibilities in informing PSC of the charges laid against Mr Sikua on December 22, 2016, so the PSC could make a decision.

On the basis of the submission, the PSC suspended Mr Sikua from duty.

Mr Remobatu said the conveying of PSC decision to Mr Sikua “is a non-issue”.

“The administrative arrangement in place is that PSC decisions on public servants are usually conveyed through the Ministry of Public Service which then advises public servants concerned.

“For decision affecting permanent secretaries the arrangement is that the decisions are conveyed through the Secretary to Cabinet. Administratively, the Secretary to Cabinet is deemed the head of Permanent secretaries,” he said.

Mr Remobatu also made it clear that it was up to PSC to delegate who to convey its decision through.

“On Sikua’s case, the PSC decided to convey its decision to suspend Mr Sikua through Secretary to Cabinet as it was the Secretary to Cabinet that made the initial submission to PSC in the first place,” Mr Remobatu added.

The case is adjourned for February 23 for the prosecution to respond to Mr Suri’s arguments.