KS Government Violates Law: No Tender, Yet Acting Director of Sarajevo Canton Health Insurance Fund's Term Extended?

SARAJEVO, (Patria) - The Government of Sarajevo Canton dismissed the Director of the Sarajevo Canton Health Insurance Fund (ZZO KS) Sakib Katana (SBB) before the end of his term on September 16, 2021, and appointed Samira Hajdarević (NiP) as acting director.

As the three-month period of temporary appointment as acting director was expiring, the KS Government, at its session on December 2, passed a Decision amending the Decision, changing the wording from "for a period of maximum (3) three months or until the final appointment procedure is completed" to "for a period of (3) three months or until the tender procedure and final appointment are completed".

In translation, Hajdarević can spend much longer than three months as acting director, and a tender for the director of ZZO KS has not yet been announced.

Article 4 of the Law on Ministerial, Governmental, and Other Appointments of the Federation of Bosnia and Herzegovina, which the KS Government referred to in the new decision, states:

“Nominations/appointments for a shorter period are nominations or appointments for a maximum of three months that cannot be repeated”.

In this way, the KS Government violated the provision it referred to. However, there are no sanctions for this violation of the law. This is not the only example, but the practice of the authorities making such appointments is worrying.

Although the KS Government also referred to Article 25 of the Statute of ZZO KS in its Decision, it was not respected either, as the tender for the director was not announced within 30 days.

“In case of dismissal of the director before the end of the term for which he was appointed, the Government of Sarajevo Canton shall appoint an acting director and at the same time make a decision to announce a tender for the appointment of a new director within 30 days from the date of appointment of the acting director”, it is specified in the Statute of ZZO KS.

One of the possible reasons for such actions by the KS Government is the court proceedings initiated by the dismissed director Katana, and it is very possible that the court will rule as in the case of the director of the Cantonal Administration for Inspection Affairs, Fahir Halilović, whom the KS Government reinstated as director.