32B. Restriction on right of privatised organisations to engage certain former employees of the State
33.Savings.
AN ACT to make further provision for the Public Service Commission and its functions; to provide
for the constitution and administration of the Public Service and the conditions of service of its members; and to provide for matters connected with or incidental to the foregoing.
[Date of commencement: 15th March, 1996.]
WHEREAS sections 73, 74 and 75 of the Constitution provide as follows:
“73. (1) There shall be a Public Service for the administration of the country.
(2) An Act of Parliament shall make provision for the organization, administration and discipline of the Pu blic Service, including the appointment of persons to posts or grades in the Public Service, their removal from
office or reduction in grade, their punishment for misconduct and the fixing of their conditions of service.
74. (1) There shall be a Public Service Commission which shall consist of a chairman and not less than two
and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
(2) The persons to be appointed under subsection (1) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and the chairman
and at least one other member shall be persons who have held a post or posts of a senior grade in the Public
Service for periods which in the aggregate am ount to at least five years.
75. The functions of the Public Service Commission shall be to tender such advice and do such other things
in relation to the Public Service as are provided for by this Constitution or by or under an Act of Parliament.”;
AND WHEREAS section 109 of the Constitution, in so far as it applies to the Public Service Commission,
provides as follows:
“109. (1) Save as is provided in this Constitution or an Act of Parliament, a Commission shall not, in the
exercise of its functions, be subject to the direction or control of any person or authority.
(2) An Act of Parliament may make provision for the powers and functions of a Commission and, without
prejudice to the generality of the foregoing, may make provision for the disqualifications, tenure of office and
remuneration of the members thereof, and may authorize the delegation of any power or function, other than the
power to make appointments to, or to make recommendations or tender advice in respect of, any office esta blished by this Constitution.
(4) Any decision of a Commission shall require the concurrence of a majority of all the me mbers thereof.
(5) The salary payable to a member of a Commission shall not be reduced during his tenure of office.
(6) No law shall—
(a) increase or permit an increase in—
(i) the fixed salary or salary scale applicable to any post, grade or rank in the Public Service.;
(ii) the bonuses or allowances payable to, or privileges or benefits that may be granted to, members
of [the Public Service];
(iii) the rate of pensions, gratuities or other benefits payable to or in respect of such members;
(iv) the rate of leave that may be granted to or accrued by such members; or
(v) the number or level of posts;
or
(b) provide for a general decrease or permit a general decrease in the hours of work to be performed by
such members;
unless the Minister for the time being responsible for finance, having regard to the financial implications,
whether direct or indirect, has agreed thereto.
(7) No law shall provide for or permit a reduction in the fixed salary or salary scale applicable to any member of the Public Service except when such member has been found guilty of misconduct or has consented to such
reduction.
(9) If there is any alteration in the posts or grades into which the Public Service is divided, the Commission
may, by order in the Gazette, specify some other rank, post or grade as being equivalent to that referred to in
section 105(3), and the reference shall thereafter be construed as including a reference to the post or grade for
the time being so specified.
(10) A person shall not be eligible for appointment as a member of a Commission if he is a member of Parliament or any local authority.
(11) In this section—
“Commission” means the Public Service Commission...”
AND WHEREAS it is desirable to make further provision for the Public Service and the Public Service Commission: