Public Service Commission’s Role in Appointing the Secretary to Cabinet and
Permanent Secretaries of Ministries
Under the Constitution the power to appoint persons to hold the office of Secretary
to the Cabinet or Secretary of a Ministry vests in the President after consultation with
the PSC. Although this consultation is a must, the President can disregard the
Commission’s recommendations. All that happens if he or she does disregard a
recommendation, is that the Senate must be advised. The Constitution is silent about
what the Senate is expected to do in this situation, so there is nothing the Senate
actually can do, even if it did not agree with the President.
Again, this effectively leaves the matter entirely in the hands of the President. The
President can, in effect, appoint whoever he likes, even if the PSC has recommended
otherwise. Heads of ministries may be removed by the PSC, but only with the
concurrence of the President.
Political Activities by Public Servants
There is no prohibition in the Public Service Act against public servants being
members of political parties. At one time, such a provision did exist. There are,
however, some restrictions on political activities by public servants. A member of the
public service may, with the permission of the PSC, seek election to a local authority.
Such permission must be accompanied by a declaration that the person in question
has ceased to be a public servant from that date. The person may be reinstated if he
fails to secure nomination or election. A public servant may stand for election to
Parliament, but is deemed to have resigned on the date he is nominated. If he
withdraws his candidacy or is not elected, he may apply for re-appointment to the
Public Service. The PSC is not obliged to reappoint.
What is the Position in Other Countries?
Appointment of Public Service Commissions in other countries
Kenya: In Kenya, the members of the PSC are appointed by the President with the
approval of the National Assembly.
Uganda: The Ugandan Constitution has a similar provision.
South Africa: The South African Constitution provides for the appointment of certain
of the commissioners by the President, with the approval of the National Assembly.
The commissioners must be (a) nominated by a committee of the National Assembly
that is proportionally composed of members of all parties represented in the
Assembly and (b) approved by the Assembly by a resolution adopted with a
supporting vote of a majority of its members. The other commissioners must be
nominated by the premiers of the several provinces, following a similar procedure.
Namibia: The Namibian Constitution provides for the reverse situation: the President
nominates members of the PSC and the National Assembly appoints them.
Political activity by public servants in other countries
The position in Zimbabwe is not far different from that in the United Kingdom. There,
civil servants are legally barred from standing for election as Members of Parliament
or any other political office. Also, under regulations first adopted in 1954 and revised
in 1984, members of the Senior Civil Service (the top management grades) are barred
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