Recent presidential decrees to appoint standing officials to new posts--while keeping the advantages of their previous assignments--has sparked reactions among legal experts who call such acts "beyond the law."
A presidential decree issued on Sunday indicates that Zia-Ul-Haq Amarkhil, a member of the Afghanistan Cricket Board’s high council, was appointed as a presidential adviser on public and political affairs and as governor of Nangarhar, but will keep his current job as a cricket board official.
Based on another decree, a current member of a government high council, Amanullah Fasihi, was appointed as President Ghani’s adviser on cultural and human resources affairs while keeping his previous salary and authority.
“Based on the law, no one has the right to be in two positions simultaneously or take salary from two positions simultaneously from the government,” said Wahid Farzaee, a legal affairs expert.
The Government’s Media Information Center (GMIC) confirmed the two appointments mentioned in this report.
“All appointments are done based on the law, the principle of need and for moving government affairs forward,” head of GMIC, Latif Mahmoud, said.
Monitoring organizations said such appointments will affect governance and efforts against corruption in public offices.
“Recent experiences in the Ministries of Finance and Commerce show that the appointment of one person in two or multiple high positions of the government has a negative impact on effectiveness, transparency and accountability,” said Ziafatullah Saeedi, a member of Integrity Watch Afghanistan.