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"content": "â(b) the need to ensure that the public services are able to attract and retain the skills required to execute their functions; (c) the need to recognize productivity and performanceâ Finally, and equally very important; â(d) transparency and fairnessâ Those are the four principles which the Constitution sets and must be able to guide the Commission in performing its functions under Article 230 (4). So that in executing its powers and functions the Commission should be guided by those principles. It follows, therefore, any attempt by the Commission to exercise its powers and functions under sub-article (4), without taking into account the principles set under sub-article (5), is in breach of the Constitution. Hon. Deputy Speaker, it is also important to realize that the same Constitution under Article 230, an Act of Parliament was again passed by this House. That is the SRC Act which is the principal legislation that is supposed to guide the Commission again, in their day-to-day running of the affairs of the Commission. So, we need to distinguish two issues here. One, the Constitution provides for the general principles to the Commission and then the Act of Parliament goes to set various procedures on how to run their day-to-day affairs of the Commission. Hon. Deputy Speaker, Section 12 (1) of the SRC provides as follows --- This is critical for hon. Members to know because we need to draw the distinction between provision of the Constitution and that of the Act. The Commission is not just allowed to utilize the principles under the Constitution, they are required again to be guided and directed by the provisions of Section 12(1) and (2) of the SRC Act. âIn addition to the principles set under Article 230(5) of the Constitution, the Commission shall also be guided---â I invite the House again to recognize the usage of the word âshallâ for the second time. It goes on to say âshall be guided by the principle of equal remuneration to persons for work of equal value. Without prejudice to subsection (1) the Commission shall take"
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