(g) the Director of State Lotteries and other officers and employees appointed in terms of sections 11 and 12 of the State Lotteries Act [Chapter 17:07]; or (h) any other person whose office or post is declared, by or in terms of this or any other Act, not to form part of the Public Service. [Paragraph amended by section 3 of Act 16 of 2001] 15 Responsibility for administration of Public Service and divisions thereof Subject to section eleven— (a) the number of offices, posts and grades in the Public Service or any Ministry, department or other division thereof shall be fixed by the Commission in consultation with the appropriate Minister and the head of his Ministry and with the concurrence of the Minister responsible for finance; (b) the appointment of members of the Public Service and their assignment or promotion to offices, posts and grades within the Public Service shall be effected by the Commission in consultation with the heads of Ministry concerned; (c) the transfer and secondment of members of the Public Service to an approved service, or of persons from an approved service to the Public Service, shall be effected by the Commission in consultation with the heads of Ministry concerned and with the concurrence of the Minister responsible for finance; (d) the transfer of members of the Public Service from one Ministry, department or other division of the Public Service to another such Ministry, department or division shall be effected by the Commission in consultation with the heads of Ministry concerned; (e) subject to subsection (3) of section 31D of the Constitution, the supervision of members of the Public Service employed in any Ministry, department or other division of the Public Service shall be the responsibility of the head of the Ministry concerned, subject to the general direction and control of the appropriate Minister. 16 Classification of members of Public Service Members of the Public Service shall be classified in such manner as may be prescribed in service regulations. 16A Removal of heads of Ministry from Public Service The power to discipline or suspend a head of Ministry, or to dismiss, discharge or otherwise remove a head of Ministry from the Public Service shall vest in the Commission with the concurrence of the President. [Section inserted by section 5 of Act 16 of 2001 and amended by section 46 of Act 17 of 2002] 17 Members of Public Service to be appointed and removed only in accordance with Act Except as may be provided in any other Act— (a) all appointments of members of the Public Service shall be made in accordance with this Act; and (b) no member of the Public Service shall be required to resign or retire, or be dismissed, discharged or otherwise removed from the Public Service, except in accordance with this Act 18 Appointments and promotions When considering candidates for appointment to or promotion within the Public Service, the Commission shall— (a) have regard to the merit principle, that is, the principle that preference should be given to the person who, in the Commission’s opinion, is the most efficient and suitable for appointment to the office, post or grade concerned; and (b) ensure that there is no discrimination on the ground of race, tribe, place of origin, political opinions, colour, creed, gender or physical disability. 19 Conditions of service of members of Public Service (1) Subject to the Constitution, this Act and the Labour Act [Chapter 28:01], the conditions of service applicable to members of the Public Service, including their remuneration, benefits, leave of absence, hours of work and discipline, shall be determined by the Commission in consultation with the Minister: Provided that, to the extent that such conditions may result in an increase in expenditure chargeable on the Consolidated Revenue Fund, the concurrence of the Minister responsible for finance shall be obtained. [Subsection amended by section 46 of Act 17 of 2002] (2) Conditions of service may be fixed in terms of subsection (1) by means of service regulations, notices, circulars or in such other manner as the Commission considers will best bring the conditions to the attention of members of the Public Service affected by them: Provided that, in the event of any conflict between service regulations and the contents of any such notice or circular, the service regulations shall prevail to the extent of the conflict. (3) Subject to section 109 of and Schedule 6 to the Constitution, the Commission may in terms of subsection (1) alter the conditions of service of existing members of the Public Service. (4) Conditions of service fixed in terms of subsection (1) may provide that, before a member of the Public Service is permitted to undergo a course of training or study, whether such course is undertaken within his Ministry or department or elsewhere, he shall enter into an agreement with the State whereby he undertakes that—