There has never been a scarcity of controversy and litigation around the Scarce Skills Allowance Policy that was introduced by former President Ian Khama in 2008. In an ironic twist from a recent Court of Appeal case, a three-judge panel couldn’t get on the same page with Duke Masilo, Khama’s former senior private secretary (himself a lawyer), on the legal interpretation of this policy.
The Policy was officialised via a presidential directive that went into effect on the very day that Khama became president – April 1, 2008. Its aim was to attract and retain a defined cadre of scarce professionals (among them lawyers, judges and other legal professionals) who found the public service pay unattractive. In the progress of time, the policy was revised for purposes of trimming beneficiary groups. A May 2010 directive from the Directorate of Public Service Management (DPSM) terminated the allowance for officers paid at E2 level who didn’t hold technical positions. It was followed by an April 2011 savingram issued by the Permanent Secretary to the President (PSP) that stated that in order to be eligible for this allowance, an officer must not only possess relevant qualifications but must also be performing duties of a scarce-skill occupation. In the particular case of legal professionals, one of the qualifications recognised for this category was a Bachelor of Law degree.
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