Many people have been asking Foroyaa whether a public servant could be dismissed for refusing to go and work on a farm owned by high ranking state officials or their institutions.

Government Departments and Public enterprises are supposed to hire people to carry out different functions which are included in their budgets. Each person is paid in line with the post one is occupying in a given establishment. An employee of the state is not an indentured servant who could be made to work for any one under any circumstances without his or her will.

Public servants are given appointment letters which explain their terms of employment. This provides the basis for them to know their obligations or duties.

The Constitution makes it very clear under Section 20 that "No person shall be required to perform forced labour." Hence work in the farm of a public servant of a higher rank or a public enterprise is purely voluntary. Could any body be dismissed for refusing to participate in such work?

That would be unlawful and unconstitutional. In short, Section 169 (1) states that "No public servant shall be

a) victimized or discriminated against either directly or indirectly for having discharged his or her other duties faithfully and according to law;

b) be removed from office or reduced in rank or otherwise punished without just cause.

Hence it is clear that no public servant should be punished for not doing voluntary work. Those who wish to do voluntary work should do so and those who do not should take their stand.