SERVICE COMMISSIONS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement

   2.   Interpretation

   3.   Values and principles of public service

   4.   Values and principles of human resource management in public service

PART II
THE SERVICE COMMISSIONS

THE JUDICIAL SERVICE COMMISSION

   5.   Composition of Judicial Service Commission

   6.   Functions of Judicial Service Commission

THE CIVIL SERVICE COMMISSION

   7.   Composition of Civil Service Commission

   8.   Functions of Civil Service Commission

THE TEACHING SERVICE COMMISSION

   9.   Composition of Teaching Service Commission

   10.   Functions of Teaching Service Commission

THE ZAMBIA CORRECTIONAL SERVICE COMMISSION

   11.   Composition of Zambia Correctional Service Commission

   12.   Functions of Zambia Correctional Service Commission

THE ZAMBIA POLICE SERVICE COMMISSION

   13.   Composition of Zambia Police Service Commission

   14.   Functions of Zambia Police Service Commission

THE LOCAL GOVERNMENT SERVICE COMMISSION

   15.   Composition of Local Government Service Commission

   16.   Functions of Local Government Service Commission

PART III
PROVISIONS APPLICABLE TO ALL SERVICE COMMISSIONS

   17.   Exercise of powers by Commission

   18.   Eligibility for appointment as member of Commission

   19.   Tenure of office of members

   20.   Secretary and other staff

   21.   Oath on appointment

   22.   Vacancies

   23.   Proceedings of Commission

   24.   Committees of Commission

   25.   Remuneration and allowances for members

   26.   Disclosure of interest

   27.   Prohibition of publication or disclosure of information to unauthorised persons

   28.   Report of Commission privileged

   29.   Immunity of members and staff

   30.   Expenses of Commission

PART IV
HUMAN RESOURCE MANAGEMENT

   31.   Appointment of officers to offices in public service

   32.   Responsible officer

   33.   Establishment of human resource management committees

   34.   Functions of committee

   35.   Subcommittees of human resource management committee

   36.   Records

   37.   Reports

   38.   Secretariat

PART V
GENERAL PROVISIONS

   39.   Prohibition of wilful provision of false or misleading information

   40.   Prohibition of influencing Commission

   41.   Regulations

   42.   Repeal of Cap. 259 and Part X of Cap. 281

   43.   Transitional provisions

 

AN ACT

to provide for a principled and value based decentralised human resource management system for the public service; provide for the composition, additional functions, operations and financial management of the Judicial Service Commission, Civil Service Commission, Teaching Service Commission, Zambia Correctional Service Commission, Zambia Police Service Commission and Local Government Service Commission pursuant to the Constitution; provide for the establishment of human resource management committees in Government institutions; repeal and replace the Service Commissions Act, 1991; repeal Part X of the Local Government Act, 1991; and provide for matters connected with, or incidental to, the foregoing.

[On Notice]

Act 10 of 2016.

PART I
PRELIMINARY PROVISIONS

1.   Short title and commencement

   (1) This Act may be cited as the Service Commissions Act.

   (2) This Act shall come into operation on such date as the Minister may appoint by statutory instrument.

2.   Interpretation

In this Act, unless the context otherwise requires—

“appropriate Commission” in relation to—

   (a)   an office, means the Service Commission which, under this Act, is charged with responsibility in respect of that office; and

   (b)   a Government institution, means the Service Commission which, under this Act, is charged with responsibility for the offices in that Government institution;

“associate” means—

   (a)   a person who is a nominee or an employee of a member;

   (b)   a conjugal partner or former spouse of a member;

   (c)   a firm of which a member, or the member’s nominee, is a partner or a person in charge or in control of its business or affairs;

   (d)   a company in which a member or the member’s nominee, is a director or is in charge or in control of its business or affairs, or in which a member, alone or together with the member’s nominee, holds a controlling interest or shares amounting to more than 30 percent of the total share capital; or

   (e)   the trustee of a trust, where—

      (i)   the trust has been created by a member; or

      (ii)   the total value of the assets contributed by a member before or after the creation of the trust, amounts at any time, to not less than 20 percent of the total value of the assets of the trust;

“Chief Administrator" has the meaning assigned to it in the Judicature Administration Act;

“Civil Service” means the Civil Service established by the Constitution;

“Civil Service Commission” means the Civil Service Commission established by the Constitution;

“Commission” means, as the case may require, the Judicial Service Commission, Civil Service Commission, Teaching Service Commission, Zambia Correctional Service Commission, Zambia Police Service Commission or Local Government Service Commission;

“committee” means a human resource management committee established under section 33;

“councillor” has the meaning assigned to it in the Constitution;

“Emoluments Commission” means the Emoluments Commission established by the Constitution;

“employee” includes a person holding or acting in an office, and “employed”, “employer” and other cognate terms shall be construed accordingly;

“Government institution” includes a Government Ministry, department, agency or institution, a statutory body, commission and a local authority;

“Judicial Service” means the Judicial Service established by the Constitution;

“Judicial Service Commission” means the Judicial Service Commission established by the Constitution;

“local authority” has the meaning assigned to it in the Constitution;

“Local Government Service” means the Local Government Service established by the Constitution;

“Local Government Service Commission” means the Local Government Service Commission established by the Constitution;

“member” means a member of a Commission;

“oath” has the meaning assigned to it in the Constitution;

“public service” has the meaning assigned to it in the Constitution;

“relative” means—

   (a)   a member’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and

   (b)   a member’s spouse or the spouse of any of the persons mentioned in paragraph (a);

“relevant regulations” means the regulations made by an appropriate Commission under section 41;

“relevant responsible officer in relation to a committee” means the responsible officer of the Government institution of which the committee is part;

“repealed Act” means the Service Commissions Act;

“responsible officer” means an officer appointed as such pursuant to Part IV;

“Secretary to the Cabinet” means the person appointed as such under the Constitution;

“separation” means the termination of an employment relationship whether by retirement, resignation, retrenchment, redundancy or dismissal;

“Service Commissions” means the Judicial Service Commission, Civil Service Commission, Teaching Service Commission, Zambia Correctional Service Commission, Zambia Police Service Commission and Local Government Service Commission;

“Teaching Service” means the Teaching Service established by the Constitution;

“Teaching Service Commission” means the Teaching Service Commission established by the Constitution;

“Zambia Correctional Service” means the Zambia Correctional Service established by the Constitution;

“Zambia Correctional Service Commission” means the Zambia Correctional Service Commission established by the Constitution;

“Zambia Defence Force” has the meaning assigned to it in the Defence Act;

“Zambia Police Service” means the Zambia Police Service established by the Constitution; and

“Zambia Police Service Commission” means the Zambia Police Service Commission established by the Constitution.

3.   Values and principles of public service

The values and principles of the public service include—

   (a)   responsive, prompt, effective, impartial and equitable provision of services;

   (b)   efficient, effective and economic use of national resources;

   (c)   high standard of integrity and professional ethics;

   (d)   inclusiveness in the policy-making process;

   (e)   accountability for administrative acts;

   (f)   subject to paragraph (g), fair competition and merit as the basis of appointments and promotions; and

   (g)   affording adequate and equal opportunities for appointment, training and advancement at all levels of the public service of—

      (i)   both gender;

      (ii)   members of all ethnic groups; and

      (iii)   the youth and persons with disabilities.

4.   Values and principles of human resource management in public service

The values and principles of human resource management in the public service include—

   (a)   qualification, merit, competence, relevant experience and good conduct as the basis of appointment and promotion;

   (b)   competitive selection in filling vacancies;

   (c)   impartiality and fairness in the exercise of disciplinary action;

   (d)   equal opportunities for appointments, training and advancement of members of both gender and members of all ethnic groups; and

   (e)   consideration of the youth and persons with disabilities in the appointments to public service.

PART II
THE SERVICE COMMISSIONS

THE JUDICIAL SERVICE COMMISSION

5.   Composition of Judicial Service Commission

   (1) The Judicial Service Commission consists of—

   (a)   the Chairperson, appointed by the President and who is a person who holds or qualifies to hold high judicial office or has held high judicial office;

   (b)   a judge nominated by the Chief Justice;

   (c)   the Attorney-General, with the Solicitor-General as the alternate;

   (d)   the Permanent Secretary responsible for public service management;

   (e)   a magistrate nominated by the Chief Justice;

   (f)   a representative of the Law Association of Zambia nominated by that Association and appointed by the President;

   (g)   the Dean of a Law School of a public higher education institution, nominated by the Minister responsible for justice; and

   (h)   one member appointed by the President.

   (2) The Vice-Chairperson of the Commission shall be elected by the members from amongst themselves, except that the members referred to in paragraphs (b), (c) and (e) of sub-section (1) shall not be appointed or elected as Vice-Chairperson.

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