35 disputes and unfair labour practices. (2) This Act shall be construed in such manner as best ensures the attainment of its purpose referred to in subsection ( 1 ). (3) In the event of inconsistency between this Act and any other enactment then, unless the enactment concerned expressly excludes or modifies the provision of this Act sought to be applied- – (a) this Act shall prevail over the enactment concerned to the extent of the inconsistency; and (b) the enactment concerned shall be construed with such modifications, qualifications, adaptations and exceptions as may be necessary to bring it into conformity with this Act.". 40 45 5 New section substituted for section 3 of Cap. 28:01 Section 3 of the principal Act is repealed and the following is substituted – 4 “3 Application of Act (1) Subject to this section, this Act shall apply to all employers and all employees. (2) In regard to employees of the State, this Act shall, subject to subsection (3), apply only to – (a) members of the Public Service; and (b) such other employees of the State, other than members of a disciplined force, as the President may designate by statutory 5 instrument; 10 15 20 25 and shall bind the State in its capacity as employer of the persons referred to in paragraphs (a) and (b). (3) In the event of any dispute – (a) between any member of the Public Service and the Public Service Commission involving misconduct or suspected misconduct on the part of the member, Part XII shall not apply to such a dispute except for section ninety-seven, and, for the purposes of such dispute, the references in paragraphs (c) and (e) of subsection (1) of that section of an employment code shall be construed as being references to the appropriate service regulations prescribing the discipline of members of the Public Service made in terms of the Public Service Act [Chapter 16:04]: (b) between any member of the Public Service or trade union, organisation, association or federation representing members of the Public Service and the Public Service Commission, not being a dispute referred to in paragraph (a)-(i) no person other than an employment council registered for the Public Service or a designated agent of that 30 35 40 employment council shall have jurisdiction in the matter; and (ii) Part XII shall not apply to such dispute except for section ninety-seven, and then only upon completion of the procedures provided for the settlement of disputes or grievances by the appropriate service regulations made in terms of the Public Service Act [Chapter 16:04} or in terms of any collective bargaining agreement negotiated by the employment council registered for the Public Service. (4) For the avoidance of doubt, nothing in this Act shall be construed as affecting the exclusive responsibility of the Public Service Commission under the Constitution and the Public Service Act [Chapter 16:04] for the creation or abolition of posts or grades in the Public Service, the appointment of persons to such posts or grades and the discipline of mem-