Recommendation not implemented: Irregular composition of Selection Board

Recommendation not implemented: Irregular composition of Selection Board

Published November 26, 2025

The Case

The Commissioner for Health investigated a complaint regarding the selection and appointment of a high ranking official within the Ministry for Health and Active Ageing.

The complainant alleged that the Selection Board was not properly constituted according to the requirements as described in the Manual on Industrial Relations and the Selection and Appointment Process. Furthermore the marking system for qualifications and experience was allegedly inconsistent and unfair.

Facts and Findings

The investigation confirmed that one member of the Selection Board was serving in an acting capacity even though another person confirmed at the same grade  was available. Another member, who was required to be a senior public officer external to the Ministry for Health and Active Ageing, was instead a senior public officer employed  within the same Ministry.
The Commissioner held that these irregularities breached the composition requirements of the Manual on Industrial Relations and the Selection and Appointment Process.
Regarding the assessment process, the Commissioner noted that the marking structure did not sufficiently distinguish between an academic qualification (a PhD) and publications in medical journals.  Master’s degrees are treated inconsistently, and short training certificates are being overvalued compared to higher-MQF level qualifications.

Conclusions and Recommendations

The Commissioner concluded that 

• the Selection Board was not properly constituted, rendering the process invalid.  
• He recommended that the selection framework be reviewed to ensure academic fairness, consistency, and adherence to the established rules for future appointments.

Outcome

The Public Service Commission (PSC) disagreed with the Commissioner’s findings, maintaining that the Board was properly formed and that the criteria were applied consistently.  The PSC later amended the official regulations governing the composition rules of the Selection Board, but these changes were made after the contested selection process.

The PSC agreed to refer the matter regarding the marking structure to the People and Standards Division and the Ministry for Health for their consideration.

As no action was taken on the Commissioner’s first recommendation regarding the irregular constitution of the Selection Board, the case was referred to the Prime Minister on 14 July 2025, and subsequently tabled before Parliament on 7 October 2025 in terms of Article 22(4) of the Ombudsman Act.