National Security Advisor Office Offends The Constitution – PSC
The Public Service Commission (PSC) strongly disagrees with the suggestion to establish the position of the National Security Advisor (NSA) in legislation, contending that it would violate the Constitution.
The commission argued that such a provision would encroach upon the President’s discretion to appoint advisors as required and in response to various challenges facing the government.
“Legislating the position of the National Security Advisor will tie the hands of the subsequent administration as they will be bound to appoint the legislated advisors which may not be necessary,” stated PSC Lead Counsel Jackline Monari.
Since the National Security Advisor’s role primarily revolves around addressing security issues impacting the nation, the PSC believes that establishing this position could lead to a proliferation of other advisors seeking constitutional positions.
“The President should have a freewill to determine the advisors he requires. Legislating this position will open a pandora’s box for other advisors to amend various laws to establish offices,” PSC argued.
Moreover, the PSC highlighted that the National Security Advisor cannot serve as the secretary of the National Security Advisory Council as it would violate the Constitution. Instead, the PSC advocated for the enforcement of Article 240 of the Constitution, which grants the National Security Advisory Council the authority to appoint its secretary from among its members.
The Commission also contested legislative amendments aimed at transferring custody of the Public Seal from the Office of the Attorney General to the Office of the Head of Public Service.
PSC Legal Advisor Jackline Monami argued that the Public Seal, being a national symbol, should not be transferred to the Office of the Head of Public Service, who operates under the discretion of the President.
A Public Seal is a special emblem affixed to significant documents to indicate their authenticity and official status.
“This in turn takes away the approval that is required from the Attorney General before the series are fixed on important government documents for the authentication,” said Monami.
This occurred during the public engagement phase of the National Government Administration Laws (Amendment) Bill, 2023, presently under review by the National Assembly Justice and Legal Affairs Committee (JLAC).
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National Security Advisor Office Offends The Constitution – PSC
