CHAPTER 259 - SERVICE COMMISSIONS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Judicial Service Commission Regulations
Public Service Commission (Delegation) Directions
Police and Prison Service Commission (Delegation) Directions
Public Service Commission Regulations
Teaching Service Commission Regulations
Police and Prison Service Commission Regulations
Service Commissions Act (Commencement) Order
Service Commissions (Civil Service Commission) Regulations
Service Commissions (Zambia Police Service Commission) Regulations
Service Commissions (Teaching Service Commission) Regulations
Service Commissions (Local Government Service Commission) Regulations
Service Commission (Zambia Correctional Service Commission) Regulations
JUDICIAL SERVICE COMMISSION REGULATIONS
[Section 15]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
2. Interpretation and application
PART II
GENERAL
6. Decisions by circulation of papers
10. Matters to be considered by Commission
11. Consultation and selection boards
12. Obligation to conform with regulations under the Constitution
PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINOLOGY OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
17. Vacancies to be filled after course of study
18. Recruitment outside Zambia
21. Retirement on attaining pensionable age
24. Renewal of agreements and admission to the permanent and pensionable establishment
PART IV
DISCIPLINE
26. Procedure following criminal conviction or absence from duty without leave or detention
27. Report of institution of criminal proceedings
28. Proceedings after acquittal on criminal charges
29. Procedure when criminal offence may have been committed
30. Decision in disciplinary proceedings to be communicated to officer concerned
31. Misconduct justifying dismissal
32. Misconduct not justifying dismissal
33A. Retirement on abolition of office to effect greater efficiency or economy
33B. Retirement on medical grounds
33C. Retirement in national interest
34. Procedure on criminal conviction
35. The withholding and restoration of increments
36. Punishments which the Commission may impose
37. Report of unsatisfactory conduct of officer serving on agreement
37A. Removal of judicial officer for incompetence or negligence
PART V
MISCELLANEOUS
39. Production of relevant documents, etc.
41. Cases not otherwise provided for
GN 490 of 1964,
GN 497 of 1964,
SI 192 of 1965,
SI 186 of 1967,
SI 72 of 1980,
SI 4 of 1988.
PART I
PRELIMINARY
These Regulations may be cited as the Judicial Service Commission Regulations.
2. Interpretation and application
(1) In these Regulations, unless the context otherwise requires—
"Chairman" means the Chairman of the Commission;
"Commission" means the Judicial Service Commission established under the Constitution;
"judicial office" means any office in relation to which these Regulations apply;
"judicial officer" means the holder of any judicial office;
"member" means any member of the Commission, including the Chairman;
"responsible officer" means the Registrar of the High Court or such other officer as the Chief Justice may, in any particular case, appoint;
"secretary" means the secretary to the Commission appointed under regulation 3.
(2) These Regulations shall apply in relation to any of the following offices:
(a) the office of Master or Deputy Master or Assistant Master of the Supreme Court;
(b) the office of Registrar or Deputy Registrar or Assistant Registrar of the High Court;
(c) the office of Senior Resident Magistrate, Resident Magistrate or Magistrate;
(d) the office of Local Courts Adviser, local courts officer, presiding justice or local court justice; or
(e) such other offices of presiding justice or member of any court of law or connected with any court of law as may be prescribed by or under an Act of Parliament.
(3) In this regulation, references to the office of Magistrate do not include references to any administrative office the holders of which are, under the provisions of the Subordinate Courts Act, entitled by virtue of that office to hold a subordinate court, and references to a court of law do not include references to a court-martial or to the Industrial Relations Court.
[Am by SI 72 of 1980.]
PART II
GENERAL
The Commission shall appoint a secretary to the Commission, who shall not be a member of the Commission, and such other staff as it may from time to time consider necessary.
Every meeting of the Commission shall be presided over by the Chairman or in the absence of the Chairman by a member elected in that behalf by the members attending the meeting.
A record shall be kept of the members present and of the business transacted at every meeting of the Commission.
6. Decisions by circulation of papers
Decisions may be made by the Commission without a meeting by circulation of the relevant papers among the members and the expression of their views in writing, but any member shall be entitled to require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission.
Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission.
The Chairman or the member presiding and two members shall constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers.
[Am by SI 72 of 1980.]
No member of the Commission, nor the secretary nor any member of the staff of the Commission nor any other person, shall publish or disclose to any person otherwise than in the exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties.
10. Matters to be considered by Commission
In exercising its powers in connection with the appointment, promotion or transfer of judicial officers, the Commission shall have regard to the maintenance of the high standard of integrity and efficiency necessary in the judicial service and—
(a) shall give due consideration to officers serving in the judicial service or the public service and to residents of Zambia:
(b) shall, in the case of officers serving in the judicial service, take into account qualifications, experience, merit as well as seniority; and;
(c) where a post cannot be filled either—
(i) by the appointment or promotion of a suitable person already serving in the judicial service or the public service; or
(ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission;
[Am by SI 72 of 1980.]
11. Consultation and selection boards
In exercising its powers in connection with the appointment or transfer of an officer serving in the judicial service or the public service, the Commission may—
(a) consult with any other person or persons; and
(b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission.
[Am by SI 72 of 1980.]
12. Obligation to conform with regulations under the Constitution
The Commission shall not exercise its powers in connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than by way of dismissal, of any judicial officer in the judicial service except in accordance with the provisions of these Regulations or such other regulations as may be made from time to time by virtue of the provisions of the Constitution.
[Am by SI 72 of 1980.]
In carrying out its duties the provisions of the Constitution or Service Commissions Act and these Regulations, the Commission shall not take into account any representations made to it otherwise than in accordance with the Constitution or Service Commissions Act or with these Regulations:
Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service.
PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
The Commission, in its discretion shall determine the form of advertisements issued in accordance with the provisions of paragraph (c) of regulation 10 and the manner in which such advertisements are published. The qualifications specified in such advertisements shall be those approved by the Commission.
The Commission shall determine the procedure to be followed in dealing with applications for appointment to any judicial office including the proceedings of any selection board appointed by the Chairman to interview candidates. The Commission shall determine the forms to be used in connection with the discharge of its functions.
When a vacancy occurs or it is known that a vacancy will occur in any judicial office the responsible officer will report the fact to the Commission and—
(a) if the responsible officer recommends that the vacancy should be filled by the appointment or promotion of a serving judicial officer he will so inform the Commission;
(b) if the responsible officer is unable to recommend the promotion of a serving officer to fill a vacancy he shall inform the Commission of the names of the judicial officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post;
(c) if the responsible officer recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it;
(d) if the responsible officer is unable to recommend that the vacancy should be filled immediately he will so inform the Commission and state his reasons therefor.
17. Vacancies to be filled after course of study
Where a vacancy is to be filled on the successful completion of a course of study or training designed to qualify a candidate for appointment to the judicial service the Commission may make such arrangements as it considers appropriate.
18. Recruitment outside Zambia
If the responsible officer is informed that the Commission has decided that a particular vacancy should be filled by recruitment from outside Zambia, he shall prepare an indent on the appropriate form and submit it to the Permanent Secretary (Establishment) who will be responsible for verifying the particulars contained therein.
[Am by SI 186 of 1967.]
No appointment to the judicial service may be made before the Commission has determined the suitability of the candidate concerned. The secretary will inform the Permanent Secretary of appointments authorised by the Commission and the Permanent Secretary (Establishment) will advise the secretary of the initial rate of salary to be paid to the officers appointed.
[Am by SI 186 of 1967.]
(1) Where a judicial officer holds a probationary appointment, three months before the expiration of the period of such probationary appointment, the responsible officer shall consider—
(a) whether such officer should on such expiration be confirmed in a pensionable post;
(b) whether a further period of probationary service is necessary to determine whether such officer should be so confirmed; or
(c) whether such officer should not remain in the service.
(2) If after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that a judicial officer in a probationary appointment should be confirmed in a pensionable appointment the responsible officer, as soon as may be before the expiration of the period of probationary appointment, shall forward a recommendation that the officer be confirmed to the Commission.
(3) If after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of a judicial officer in a probationary appointment has not been in all respects satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend—
(a) an extension of the officer"s probationary service to show whether he can overcome the defects noted; or
(b) that the officer"s probationary appointment should be terminated.
(4) The responsible officer shall, when giving to a judicial officer the information mentioned in sub-regulation (3), ask the officer if he has any representations to make, within a period to be appointed by the responsible officer, on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report on the officer, together with a copy of the letter to the officer and of the latter"s representations, if any, his comments thereon and a recommendation whether the period of probationary service should be extended or that the officer should not remain in the service, to the Commission.
(5) Where a judicial officer holds a probationary appointment and the responsible officer at any time during the period of such probationary appointment is of the opinion that such appointment should be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in a pensionable office, the procedure prescribed in sub-regulations (3) and (4) shall be followed.
(6) An offence or offences against discipline committed by an officer to whom this regulation applies, or the conviction of such an officer on a criminal charge, shall be dealt with in accordance with Part IV.
[Am by SI 186 of 1967.]
21. Retirement on attaining pensionable age
(1) The responsible officer shall, not later than six months before a judicial officer serving in his Ministry attains pensionable age, notify such judicial officer and the Commission of his impending date of retirement.
[Am by SI 4 of 1988.]
(1) Not later than two months before a judicial officer is due to pass a promotion bar, a promotion bar certificate, in the approved form, will be forwarded by the responsible officer to the Commission.
(2) If the responsible officer does not recommend that the officer should pass the promotion bar he shall so inform the officer, indicating the reasons therefor, and ask the judicial officer if he has any representations to make within a period to be appointed by the responsible officer. At the expiration of such period, the responsible officer shall forward a copy of his letter to the officer and the latter"s representations, if any, and his comments thereon, together with the promotion bar certificate to the Commission.
[Am by SI 186 of 1967.]
If upon consideration of a recommendation made by the responsible officer under the provisions of regulation 21 or 22 that a judicial officer should be confirmed in a pensionable post or permitted to pass a promotion bar, as the case may be, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report.
24. Renewal of agreements and admission to the permanent and pensionable establishment
(1) Where a judicial officer is serving on agreement for a specified period of service and the responsible officer desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer"s first day of resident service or three months before the judicial officer"s last day of duty, whichever is the earlier, the responsible officer will invite the Judicial officer in writing either, if the judicial officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the judicial officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service. If the judicial officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer will forward to the Commission the officer"s application together with his recommendation.
(2) Where a judicial officer is serving on agreement for a specified period of service and the responsible officer does not wish to retain his services for a further period of service, then the responsible officer will so inform the judicial officer in writing not later than five months before the officer"s last day of duty and ask the judicial officer if he has any representations to make within a period to be appointed by the responsible officer. If the judicial officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action will be necessary. If the judicial officer does make any representations, the responsible officer will forward a full statement of reasons for recommending that the judicial officer should not be engaged for further service together with a copy of his letter to the judicial officer and the latter"s representations, and his comments thereon, to the Commission.
[Am by SI 186 of 1967; 72 of 1980.]
PART IV
DISCIPLINE
(1) If proceedings for dismissal are being taken or are about to be taken or if criminal proceedings are being instituted against a judicial officer the responsible officer may, if he considers that the public interest requires that the judicial officer should cease to exercise the powers and functions of his office, suspend the judicial officer from the exercise of those powers and functions.
(2) A judicial officer who is suspended shall receive such salary, not being less than half his salary, as the responsible officer shall think fit.
(3) Where disciplinary or criminal proceedings have been taken or instituted against a judicial officer under suspension and such judicial officer is not dismissed or, as the case may be, convicted as a result of such proceedings, the whole of any salary withheld under the provisions of sub-regulation (2) shall be restored to him upon the termination of such proceedings. If the judicial officer is not dismissed or convicted but is subjected to some lesser punishment, he may be refunded such proportion of the emoluments withheld as the result of his suspension as the Commission shall think fit.
(4) A judicial officer who is under suspension may not leave Zambia without the permission of the responsible officer.
(5) In this regulation—
"criminal proceedings" include investigations into malpractices and embezzlement of public funds;
"salary" means basic salary and, in the case of a judicial officer in receipt of overseas addition to salary or inducement pay, such overseas addition to salary or inducement pay as the case may be.
26. Procedure following criminal conviction or absence from duty without leave or detention
(1) Where, as a result of criminal proceedings, a judicial officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall direct that the salary of such judicial officer be withheld as from the date of his conviction pending the determination of such disciplinary proceedings.
(2) Where disciplinary proceedings instituted against a judicial officer convicted of a criminal offence do not result in his dismissal he shall be paid such proportion of his salary withheld under sub-regulation (1) as the Commission may direct.
(3) Where a judicial officer absents himself from duty without leave for more than ten days or where he is detained under the Preservation of Public Security Act, he shall be suspended from duty forthwith by the responsible officer who shall direct that the salary of such judicial officer be withheld as from the date of his suspension from duty pending the determination of disciplinary proceedings.
(4) Subject to the provisions of this regulation, the suspension of a judicial officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such judicial officer:
Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such judicial officer.
[Am by SI 72 of 1980.]
27. Report of institution of criminal proceedings
If criminal proceedings of a nature likely to warrant disciplinary proceedings are instituted against a judicial officer in any court, the responsible officer shall forthwith report the facts together with a statement as to whether the judicial officer has or has not been suspended from the exercise of his powers and functions to the Commission and the Permanent Secretary (Establishment). No proceedings for the dismissal of such a judicial officer upon any grounds involved in a criminal charge shall be taken until the conclusion of the criminal proceedings and the determination of any appeal therefrom.
[Am by SI 72 of 1980.]
28. Proceedings after acquittal on criminal charges
A judicial officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished on any charge upon which he has been acquitted, but noting in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, unless the charges raise substantially the same issue as those on which he has been acquitted.
29. Procedure when criminal offence may have been committed
If it comes to the notice of the responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by a judicial officer, the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against the judicial officer. If criminal proceedings are not being instituted, the responsible officer shall consider whether disciplinary action should be taken under the provisions of this Part. If the responsible officer considers that disciplinary action should be taken against the judicial officer the procedure prescribed in regulation 31, 32 or 35, as may be appropriate, shall be followed.
[Am by SI 192 of 1965; 72 of 1980.]
30. Decision in disciplinary proceedings to be communicated to officer concerned
Where proceedings have been completed against a judicial officer under the provisions of this Part, such judicial officer shall be informed—
(a) of the decision but not of the reasons therefor, on each charge which has been preferred against him; and
(b) of the penalty (if any) or other punishment to be imposed.
[Am by SI 72 of 1980.]
31. Misconduct not justifying dismissal
(1) When the responsible officer considers it necessary to institute disciplinary proceedings against any judicial officer on the grounds of misconduct which, if proved, would, in the opinion of the responsible officer, justify dismissal from the judicial service, he shall after such preliminary investigation as he considers necessary and after consulting the Director of Public Prosecutions as to the terms of the charge or charges, forward to the judicial a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and call upon such judicial officer to state in writing before a day to be specified by the responsible officer any grounds on which he relies to exculpate himself.
(2) The responsible officer shall forward his report, the statement of the charge or charges, the reply, if any, of the accused judicial officer and his own comments thereon to the Commission.
(3) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that proceedings for the dismissal of the judicial officer should be continued, it shall inquire into the matter.
(4) The Commission shall inform the accused judicial officer that on a specified day the charges made against him will be investigated and that he will be allowed or, if the Commission so determines, will be required to appear before it to defend himself.
(5) If witnesses are examined by the Commission the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.
(6) The Commission may, in its discretion, permit the prosecuting party or the accused judicial officer to be represented by a public officer or a legal practitioner:
Provided that where the Commission permits the prosecuting party to be so represented it shall permit the accused judicial officer to be represented in a similar manner.
(7) If during the course of the inquiry grounds for the framing of additional charges are disclosed, the Commission shall so inform the responsible officer who shall follow the same procedure as was adopted in framing the original charge or charges.
(8) The Commission shall decide whether the charge or charges preferred have been proved against the accused judicial officer beyond a reasonable doubt. If so, the Commission shall convict him and may impose one or more of the prescribed punishments (including retirement from the service under regulation 33) upon the judicial officer.
(9) The Commission, having inquired into the matter, shall prepare a report thereon with the record of the charges preferred, the evidence led, the defence and other matters relevant to the inquiry. The report of the Commission shall contain the point or points for determination, the decision thereon, the reasons for such decision and, in the case of conviction, shall specify the charges proved and the punishment imposed.
[Am by SI 192 of 1965; 186 of 1967; 72 of 1980.]
32. Misconduct not justifying dismissal
(1) Whenever the responsible officer considers it necessary to institute proceedings against judicial officer but is of the opinion that the misconduct alleged, if proved, would not be serious enough to warrant dismissal under the provisions of regulation 31 but would be sufficiently serious to warrant a more severe punishment than the withholding of increment under the provisions of regulation 35 he shall, after such preliminary investigation and such consultation with the Director of Public Prosecutions as he may consider necessary, forward to the judicial officer a statement of the charge or charges against him and he shall call upon him to state in writing before a day to be specified by the responsible officer any grounds on which he relies to exculpate himself.
(2) The responsible officer shall forward his report, the statement of the charge or charges, the reply, if any, of the accused judicial officer and his own comments thereon to the Commission.
(3) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused judicial officer relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it may forthwith determine the punishment, if any (other than dismissal), which should be imposed on such judicial officer.
(4) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused judicial officer relies to exculpate himself, the Commission is of the opinion that the matter should be further investigated, the Commission shall inquire into the matter.
(5) The inquiry shall be conducted in accordance with the provisions of sub-regulations (4) to (9) inclusive of regulation 31.
(6) The Commission shall determine the punishment, if any (other than dismissal), to be imposed on the judicial officer:
Provided that, where the procedure prescribed in sub-regulation (5) has been followed the Commission shall determine whether the judicial officer be dismissed or subjected to some lesser disciplinary punishment or retired from the judicial service.
[Am by SI 192 of 1965; 186 of 1967; 72 of 1980.]
(1) Notwithstanding the provisions of these Regulations, if the responsible officer considers that a judicial officer should be retired at an earlier age than the age specified by pension laws relating to his particular service on the grounds of—
(a) failure to perform his duties;
(b) incompetent performance of his duties;
(c) any other disciplinary offence;
he shall inform such judicial officer and allow him an opportunity, within a reasonable period to be determined by the responsible officer, of showing cause why he should not be retired from the judicial service.
(2) If, on the expiration of the period allowed to the judicial officer to show cause why he should not be retired from the judicial service, the responsible officer, after considering the statement of the judicial officer, if any, and having regard to all the circumstances of the case, is of the opinion, that such judicial officer should be retired in the public interest and receive his retirement benefits, he shall forward his findings and the statements of the judicial officer to the Commission for a determination.
(3) If, upon consideration of the report made by the responsible officer in pursuance of sub- regulation (2), the Commission is of the opinion that the facts disclosed warrant the dismissal of the judicial officer or the imposition of some lesser penalty than dismissal, the Commission shall determine whether the judicial officer be dismissed or subjected to some lesser disciplinary punishment or retired from the judicial service, without any of the proceedings prescribed in regulation 31 or 32 being instituted.
[Am by SI 72 of 1980; 4 of 1988.]
33A. Retirement on abolition of office to effect greater efficiency or economy
The Commission may on the recommendation of the responsible officer, retire an officer in the judicial service on the abolition of his office to effect greater efficiency or economy in the Ministry or Province to which he belongs.
[Am by SI 4 of 1988.]
33B. Retirement on medical grounds
On the recommendation of the responsible officer, the Commission may retire an officer in the judicial service on sufficient medical evidence that the officer is incapable by reason of some infirmity of body or mind of discharging the duties of his office and that such an infirmity is likely to be of long standing.
[Am by SI 4 of 1988.]
33C. Retirement in national interest
(1) The Commission may retire an officer in the judicial service in the national interest.
(2) Retirement in the national interest shall be limited to cases where an officer has to relinquish his appointment at the instance of the Government either to take up another appointment outside the judicial service or for other reasons of Government policy.
[Am by SI 4 of 1988.]
34. Procedure on criminal conviction
If a judicial officer is adjudged guilty in any court of a criminal charge likely to warrant disciplinary proceedings, the responsible officer shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Commission. The Commission shall determine whether the officer be dismissed or subjected to some lesser disciplinary punishment on account of the conviction for the offence of which he has been adjudged guilty, without any of the proceedings prescribed on regulation 21, 32 or 33 being instituted.
[Am by SI 186 of 1967.]
35. The withholding and restoration of increments
(1) Whenever the responsible officer is unable to certify on the increment warrant of a judicial officer that the judicial officer has discharged his duties with efficiency, diligence and fidelity he shall, not less than one month before the increment is due, forward a report on the reasons that prevent his so certifying to the Commission.
(2) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that no further investigation is necessary it may forthwith determine that the increment be withheld.
(3) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that the matter should be further investigated or that it appears that a punishment more severe than the withholding of the increment may be more appropriate, it shall direct that the procedure prescribed in regulation 31 or 32 shall be followed.
(4) When the increment of a judicial officer has been withheld and the responsible officer is of the opinion that the judicial officer should be permitted to resume incremental progress with effect from the due date, he shall forward a report to the Commission for decision.
(5) If, upon consideration of the report of the responsible officer, the Commission is not satisfied that the increment should be so restored it shall so direct.
[Am by SI 186 of 1967.]
36. Punishments which the Commission may impose
The Commission may impose one or more of the following punishments upon any judicial officer as a result of proceedings under the provisions of this Part, that is to say—
(a) dismissal or retirement in the public interest under regulation 33;
(b) reduction in salary;
(c) deferment of increment;
(d) stoppage of increment;
(e) withholding of increment;
(f) fine, subject to the amount not exceeding five days"™ pay in one month or seven days"™ pay in two consecutive months;
(g) severe reprimand;
(h) reprimand;
(j) the payment of the cost, or part of the cost, of any loss or damage caused by default or negligence.
[Am by SI 186 of 1967; 4 of 1988.]
37. Report of unsatisfactory conduct of officer serving on agreement
If the responsible officer considers that the conduct of a judicial officer who is serving on contract or agreement (including an agreement for temporary service) is unsatisfactory, he shall report the matter to the Commission which shall determine the action (if any) to be taken regarding the judicial officer in respect of whom the report has been made. But nothing in this regulation shall affect the right to terminate any contract or agreement in accordance with a term or condition contained therein.
[Am by SI 186 of 1967.]
37A. Removal of judicial officer for incompetence or negligence
If the responsible officer is of the opinion that a judicial officer has been repeatedly so reckless or negligent in the performance of his duties or is manifestly so incompetent that his further continuance as a judicial officer would be inimical to the public interest, the responsible officer shall request in writing the immediate supervising officer of the judicial officer and also such one of the judges as has had occasion to sit in appeal or revision over the judgments passed or orders made by the judicial officer, to make a report on the work and competence of the judicial officer, and the responsible officer shall submit such reports together with his comment thereon to the Commission, whereupon the Commission may, notwithstanding anything to the contrary contained in these Regulations, direct that the judicial officer shall without any further proceedings be removed from his post or make such other order as it thinks proper in the circumstances of the case.
[Am by SI 72 of 1980.]
Where under the provisions of these Regulations—
(a) it is necessary either—
(i) to serve any notice, charge or other document upon a judicial officer; or
(ii) to communicate any information to any judicial officer by reason of such judicial officer having absented himself from duty; and
(b) it is not possible to effect such service upon or communicate such information to such judicial officer personally;
it shall be sufficient if such notice, charge or other document or a letter containing such information, be served upon such judicial officer by his post to his last known address.
PART V
MISCELLANEOUS
39. Production of relevant documents, etc.
Any person who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission; and the Commission may require the production of any further documents or information relevant to the matter under consideration.
All correspondence for the Commission from the responsible officer and other persons shall be addressed to the secretary unless otherwise provided by these Regulations.
41. Cases not otherwise provided for
Any case not covered by these Regulations shall be reported to the Commission and the Commission shall determine the procedure to be adopted.
PUBLIC SERVICE COMMISSION (DELEGATION) DIRECTIONS
Arrangement of Paragraphs
Paragraph
PART I
PRELIMINARY
PART II
GENERAL
PART III
APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, PROMOTION AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
PART IV
DISCIPLINE
DIVISION II OR III OFFICERS
7. Suspension of officer or disciplinary proceedings determination of criminal proceedings
8. Proceedings after acquittal on criminal charges
9. Procedure when criminal offence may have been committed
11. Procedure on criminal conviction
12. Decision in disciplinary proceedings to be communicated to officer concerned
PART V
PUBLIC OFFICER IN DIVISION II OR III
[Directions by the Public Service Commission]
SI 4 of 1981,
SI 70 of 1984,
SI 125 of 1998.
PART I
PRELIMINARY
These Directions may be cited as the Public Service Commission (Delegation) Directions.
In these Directions, unless the context otherwise requires—
"Commission", "Head of Department", "salary" and "secretary" shall have the meaning assigned thereto by regulation 2 of the Regulations;
"the Regulations" means the Public Service Commission Regulations;
"responsible officer" shall have the meaning assigned thereto by regulation 2 of the Regulations and shall include the District Executive Secretary as defined under section 2 of the Local Government Act;
"scheduled post" means any post carrying a salary in Division II or III in the Public Service;
"supervising officer" means the public officer under whose direct control a Division II or III officer is employed.
PART II
GENERAL
The exercise of the functions of the Commission under the Service Commission Act is hereby delegated in the manner specified in these Directions.
PART III
APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, PROMOTIONS AND TERMINATION OF APPOINTMENTS
OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
[Revoked by reg 2 of SI 125 of 1998.]
[Revoked by reg 2 of SI 125 of 1998.]
(1) A responsible officer may transfer or promote a scheduled officer to any vacant post in Division II or III and shall inform the Permanent Secretary (Establishment Division) of such transfer or promotion and of the effective date thereof:
Provided that in any such case the responsible officer shall take into account qualifications, experience and merit as well as seniority.
(2) The Commission may give such orders as it may deem fit if it is of the opinion that the transfer or promotion authorised in accordance with sub-paragraph (1) of this direction would be—
(a) detrimental to the discipline of the service of which the officer is a member;
(b) contrary to public interest.
PART IV
DISCIPLINE
DIVISION II OR III OFFICERS
7. Suspension of officer or disciplinary proceedings pending determination of criminal proceedings
The provisions of regulations 32, 33 and 34 shall apply to the suspension of a Division II or III officer or disciplinary proceedings pending determination of criminal proceedings including withholding of salary following criminal conviction.
8. Proceedings after acquittal on criminal charges
The provisions of regulation 36 shall apply to proceedings taken against a Division II or III officer who has been acquitted of a criminal charge.
9. Procedure when criminal offence may have been committed
If it comes to the notice of a responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by a Division II or III officer, the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against the officer. If criminal proceedings are not being instituted, the responsible officer shall consider whether disciplinary action should be taken under the provisions of this Part. If the responsible officer considers that disciplinary action should be taken against the officer, the procedure in direction 10 shall be followed.
(1) When a responsible officer considers it necessary to institute disciplinary proceedings against a Division II or III officer and is of the opinion that the misconduct alleged, if proved, would be sufficiently serious to warrant a more serious punishment than a reprimand or the withholding of the officer"s increment, he shall inform the officer in writing of the allegations against him and shall call upon him to state, in writing, within a period to be appointed by the responsible officer, any grounds on which he relies to exculpate himself.
(2) Upon consideration of the accused officer"s exculpatory statement, and after such further investigation as he may consider necessary, the responsible officer may, subject to the provisions of paragraph (1)(b) of direction 15, forthwith determine the punishment, if any, which should be imposed on such accused officer.
(3) If, upon consideration of the accused officer"s exculpatory statement, the responsible officer is of the opinion that a punishment more severe than is within his powers to impose is warranted, he shall forward to the Permanent Secretary (Establishment Division) his report, a copy of the letter to the accused officer informing him of the allegations against him, the reply, if any, of the accused officer, and his own comments thereon.
(4) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused officer relies to exculpate himself, the Permanent Secretary (Establishment Division) is of the opinion that no further investigation is necessary, he may forthwith determine the punishment, if any, to be imposed on the accused officer.
(5) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused officer relies to exculpate himself, the Permanent Secretary (Establishment Division) is of the opinion that the matter should be further investigated, he may determine the form of such further investigation and, on the conclusion to his satisfaction of such further investigation, he may determine the punishment, if any, to be imposed on the accused officer.
11. Procedure on criminal conviction
(1) If a Division II or III officer is adjudged guilty in any court of a criminal charge likely to warrant disciplinary proceedings against him, the responsible officer may impose any punishment (within his powers to impose) after consideration of the charge and of the judgment (and of the record of the court if available) without the procedure prescribed in direction 10 being followed.
(2) If, upon consideration of the charge and of the judgment, the responsible officer is of the opinion that a punishment more severe than is within his powers to impose is warranted, he shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Permanent Secretary (Establishment Division) who may determine the punishment, if any, to be imposed on the accused officer without the procedure prescribed in direction 10 being followed.
12. Decision in disciplinary proceedings to be communicated to officer concerned
Where proceedings have been taken against a Division II or III officer under the provisions of this Part, such officer shall be informed—
(a) of the decision, but not of the reasons therefor, on each of the allegations made against him; and
(b) of the penalty (if any) or other punishment to be imposed; and
(c) if the officer is to be dismissed or discharged or reduced in rank or seniority, of his right to appeal to the Commission against the imposition of that punishment within twenty-one days of the notification to him of the punishment imposed.
(1) Every appeal under the provisions of paragraph (c) of direction 12 shall be submitted by the appellant to the responsible officer who shall forward it with his own comments thereon as soon as practicable to the Permanent Secretary (Establishment Division), who shall in turn refer the matter to the Secretary for a decision by the Commission.
(2) A responsible officer or Head of Department or supervising officer who, without reasonable cause neglects or fails to submit an appeal in accordance with sub-paragraph (1) shall be guilty of misconduct warranting a severe punishment (including dismissal).
[Rep by SI 70 of 1984.]
(1) The power to impose punishment is vested in the public officers named and to the extent herein specified—
(a) the Permanent Secretary (Establishment Division) may impose any such punishment on any scheduled officer:
Provided that the Permanent Secretary (Establishment Division) shall consult the Secretary to the Cabinet before exercising the powers to dismiss or discharge an officer who holds a pensionable appointment in Division II or III in the public service;
(b) the responsible officer may impose any such punishment on any Division II or III officer other than dismissal or discharge of an officer who has been confirmed in his appointment;
(c) the Head of Department may, subject to review and confirmation by the appropriate responsible officer, impose any punishment on any Division II or III officer other than dismissal or discharge or reduction in rank or seniority;
(d) the supervising officer may impose a reprimand on any Division III officer.
(2) The responsible officer shall report to the Permanent Secretary (Establishment Division) the imposition of any punishment on a Division II or III officer under the provisions of sub- paragraphs (b), (c) and (d) of paragraph (1).
PART V
PUBLIC OFFICERS IN DIVISION II OR III
(1) The provisions of this Part shall apply only in respect of public officers holding a post in Division II or III of the public service.
(2) Except as provided in this Part, the Regulations shall continue to apply to and in respect of a public officer holding a post in Division II or III of the public service.
[Am by SI 70 of 1984.]
In this Part, unless the context otherwise requires—
"Head of Department" shall have the meaning assigned thereto by regulation 2 of the Regulations;
"specified officer" means a public officer holding a specified post;
"specified post" means a post in Division II or III of the public service.
[Am by SI 70 of 1984.]
[Revoked by reg 2 of SI 125 of 1998.]
[Revoked by reg 2 of SI 125 of 1998.]
(1) A responsible officer may, after taking into consideration relevant factors such as qualifications, experience, merit, seniority, etc., promote a specified officer to any specified post, and shall inform the Commission, through the Permanent Secretary (Establishment Division), of such promotion and of the effective date thereof.
(2) A responsible officer may, after taking into consideration the circumstances of the case, transfer a specified officer, and shall inform the Commission, through the Permanent Secretary (Establishment Division), of such transfer and of the effective date thereof:
Provided that in considering any transfer the exigencies of the service shall prevail over any considerations relating to the individual interests of the officer.
(3) The Commission may, on its own or upon representation made to it, give such directions as it thinks fit if it is satisfied that a promotion under sub-paragraph (1) or a transfer under sub-paragraph (2) is or is likely to be—
(a) detrimental to the discipline in the service; or
(b) contrary to public interest.
[Am by SI 70 of 1984.]
POLICE AND PRISON SERVICE COMMISSION (DELEGATION) DIRECTIONS
Arrangement of Paragraphs
Paragraph
PART I
PRELIMINARY
PART II
GENERAL
PART III
APPOINTMENTS AND PROMOTIONS
[Directions made with the consent of the President]
SI 79 of 1988.
PART I
PRELIMINARY
These Directions, may be cited as the Police and Prison Service Commission (Delegation) Directions.
In these Directions, unless the context otherwise requires—
"Commission", "Force", "Inspector-General", "Officer", "Responsible Officer", "Secretary", shall have the meaning assigned thereto by regulation 2 of the Regulations;
"the Regulations" means the Police and Prison Service Commission Regulations.
PART II
GENERAL
The exercise of functions of the Commission under the Constitution is hereby delegated in the manner specified in these Directions.
PART III
APPOINTMENTS AND PROMOTIONS
(1) The Inspector-General of Police or the Commissioner of Prisons, as the case may be, shall appoint any person on probation to any post of, and below the rank of Chief Inspector in case of the Inspector-General, an Assistant Superintendent in case of the Commissioner of Prisons, and shall inform the responsible officer and secretary accordingly.
(2) The Inspector-General of police or the Commissioner of Prisons, as the case may be, may make a temporary appointment for a period not exceeding six months to a post which is vacant at the levels of, and below, the rank of Chief Inspector in case of the Inspector-General, and Assistant Superintendent in case of the Commissioner of Prisons, and shall inform the responsible officer and the secretary accordingly.
(1) A responsible officer, the Inspector-General or the Commissioner of Prisons, as the case may be, may transfer or promote any serving officer to any post of and below, the rank of Chief Inspector in case of the Inspector-General, and Assistant Superintendent in case of the Commissioner of Prisons:
Provided that in any case of appointment and promotion the responsible officer, Inspector- General or Commissioner of Prisons, as the case may be, shall take into account relevant qualifications, competence, experience and merit as well as good conduct.
(2) A responsible officer, the Inspector-General or the Commissioner of Prisons, as the case may be, may transfer, in cases of emergency or extreme urgency, any officer of and below the rank of Deputy Commissioner in case of the Inspector General and Assistant Commissioner of Prisons in case of the Commissioner of Prisons, provided that he immediately informs the secretary of the urgent nature of each such transfer.
PUBLIC SERVICE COMMISSION REGULATIONS
[Section 15]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
PART II
GENERAL
7. Decisions by circulation of papers
10. Privilege for reports, etc.
13. Matters to be considered by Commission
14. Consultation and selection boards
15. Obligation to conform with Regulations
16. Obligation to hear responsible officer
PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
22. Vacancies to be filled after examination or course of study
23. Recruitment outside Zambia
26. Retirement on attaining pensionable age
30. Renewal of agreements and admission to permanent and pensionable establishment
PART IV
DISCIPLINE
31. Procedure when criminal offence may have been committed
32. Suspension of public officer
33. Suspension of disciplinary proceedings pending final determination of criminal proceedings
34. Procedure following criminal conviction or absence from duty without leave or detention
35. Procedure after conviction of officers whose basic salary is not less than GS 7
36. Proceedings after acquittal on criminal charge
37. Institution and form of disciplinary proceedings
38. Formal disciplinary proceedings
39. Summary disciplinary proceedings
39A. Procedure after conviction of officers whose basic salary is less than GS 7
40. Punishments which may be imposed by Commission, responsible officer or disciplinary authority
42. Appeals against punishment imposed by disciplinary authority or responsible officer
43. Retirement in Public interest
43A. Retirement on abolition of office to effect greater efficiency in the economy
43B. Retirement on medical grounds
43C. Retirement in national interest
44. Application of Part IV to officers serving on contract
PART V
MISCELLANEOUS
46. Production of relevant documents, etc.
48. Cases not otherwise provided for
SI 319 of 1965,
SI 256 of 1966,
SI 200 of 1968,
SI 307 of 1968,
SI 394 of 1969,
SI 227 of 1970,
SI 70 of 1971,
SI 250 of 1973,
SI 4 of 1981,
SI 70 of 1984,
SI 86 of 1984,
SI 91 of 1987.
PART I
PRELIMINARY
These Regulations may be cited as the Public Service Commission Regulations.
In these Regulations, unless the context otherwise requires—
"basic salary" means the salary payable to an officer exclusive of any inducement allowance, personal allowance or other allowance or any direct payments made under assistance schemes;
"Chairman" means the Chairman of the Commission or any other person appointed to act as Chairman of the Commission under the provisions of the Service Commissions Act.
"Commission" means the Public Service Commission established by the Constitution and the Service Commissions Act;
"disciplinary authority" means, in relation to a public officer, the responsible officer or Head of Department or the supervising officer.
"District Executive Secretary" shall have the meaning ascribed thereto in section 2 of the Local Government Act;
"Head of Department" means the public officer in charge of a Department of a Ministry or other Department of Government;
"member" means any member of the Commission, and includes the Chairman and any person appointed to act as a member under the provisions of the Service Commissions Act;
"responsible officer", in relation to a public officer, means one of the following, as appropriate—
(a) the Permanent Secretary of the Ministry in or under which he is serving;
(b) in the case of an officer serving under a Permanent Secretary for the Province, that Permanent Secretary for the Province;
(c) in the case of an officer serving in a District Council—
(i) if he is the District Executive Secretary, the Permanent Secretary of the Province in which he is serving;
(ii) in any other case, the District Executive Secretary under whom he is serving;
(c) in the case of an officer serving in or under a Ministry or Department set out in the first column of the First Schedule, the person holding the office set out opposite thereto in the second column thereof; or
(d) in the case of an officer to whom none of the preceding paragraphs applies, the Permanent Secretary (Establishment);
"salary" means basic salary;
"secretary" means the secretary to the Commission;
"supervising officer" means a public officer who is nominated by the Commission to be a supervising officer for the purposes of these Regulations.
[Am by SI 200 of 1968; 394 of 1969; 227 of 1970; 250 of 1973; 86 of 1982.]
These Regulations shall not apply in relation to any of the following offices—
(a) the office of any Judge of the Supreme Court or High Court.
(b) the office of the Attorney-General;
(c) except for the purpose of making appointments thereto or to Act therein the office of the Director of Public Prosecutions or Auditor-General;
(d) any judicial offices;
(e) the office of—
(i) Permanent Secretary;
(ii) Inspector-General of Police;
(f) any office in the Zambia Police Force below the rank of Assistant Superintendent;
(g) any office in the Zambia Prison Service below the rank of Superintendent of Prisons;
(h) any office in the public service in respect of which the powers of the Commission have been delegated by directions in writing to any public officer.
[Am by SI 200 of 1968; 394 of 1969.]
PART II
GENERAL
The Commission shall appoint a secretary to the Commission, who shall not be a member of the Commission, and such other staff as it may from time to time consider necessary.
Every meeting of the Commission shall be presided over by the Chairman.
A record shall be kept of the members present and of the business transacted at every meeting of the Commission.
7. Decisions by circulation of papers
Decisions may be made by the Commission without a meeting by circulation of the relevant papers among the members and the expression of their views in writing, but any member shall be entitled to require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission.
Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission.
The Chairman and two members will constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers.
10. Privilege for reports, etc.
Any report, statement or other communication or record of any meeting, inquiry or proceedings which the Commission may make in exercise of its functions or any member may make in performance of his duties, and any application form, report or other communication dispatched to the Commission in connection with the exercise of its functions, and in the possession of the Commission, shall be privileged in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest.
Every member of the Commission shall have such protection and privilege, in case of any action or suit brought against him for any act done or attempted to be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a Judge in the exercise of his judicial office.
No member of the Commission, nor the secretary nor any member of the staff of the Commission nor any other person, shall publish or disclose to any person otherwise than in the exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties.
13. Matters to be considered by Commission
In exercising its powers in connection with the appointment, promotion or transfer of officers in the public service, the Commission shall have regard to the maintenance of the high standard of efficiency necessary in the public service and shall—
(a) give due consideration to qualified officers serving in the public service and to residents of Zambia;
(b) in the case of officers in the public service, take into account the relevant qualifications, competence, merit, experience as well as good conduct; and
(c) where a post cannot be filled either—
(i) by the appointment or promotion of a suitable person already in the public service; or
(ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission;
call for applications for the post by advertisement:
Provided that—
(i) for special reasons and within its discretion it may decide not to do so;
(ii) within its discretion it may restrict the application of such advertisement to persons who are already in the public service; and
(iii) where it is satisfied that no suitable candidates with the requisite qualifications are available in Zambia, it may decide that the post be filled by recruitment outside Zambia.
14. Consultation and selection boards
In exercising its powers in connection with the appointment, promotion or transfer of an officer in the public service, the Commission may—
(a) consult with any other person or persons; and
(b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission.
15. Obligation to conform with Regulations
The Commission shall not exercise its powers in connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than by way of dismissal, of any officer in the public service except in accordance with the provisions of these Regulations.
16. Obligation to hear responsible officer
The Commission, at the request of a responsible officer, shall hear the responsible officer personally in connection with any recommendation made by him to the Commission.
In carrying out its duties under the provisions of the Order and these Regulations, the Commission shall not take into account any representations made to it otherwise than in accordance with the Order or with these Regulations:
Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service.
(1) Every member shall, on appointment, take an oath in the form set out in the Second Schedule.
(2) The secretary and such other member or members of the staff of the Commission as the Chairman may require so to do, shall, on appointment, take an oath in the form set out in the Third Schedule.
(3) Where any person is required to take an oath under the provisions of this regulation and—
(a) he has no religious belief; or
(b) the taking of an oath is contrary to his religious belief;
he may make and subscribe a solemn affirmation in the form of the oath appointed, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God".
(4) Every oath or affirmation taken by a member shall be administered by a Judge and every oath or affirmation taken by the secretary or any other member of the staff of the Commission shall be administered by a Commissioner for Oaths.
PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
The Commission shall determine the form of advertisements issued in accordance with the provisions of paragraph (c) of regulation 13. The qualifications specified in such advertisements shall be those approved by the Permanent Secretary (Establishment Division), after consultation with the Commission, for the vacancy under consideration.
The Commission shall determine the procedure to be followed in dealing with applications for appointment to the public service, including the proceedings of any selection board appointed by the Chairman to interview candidates and shall determine the forms to be used in connection with the discharge of its functions.
(1) When a vacancy occurs, or it is known that a vacancy will occur in any public office in any Ministry, the responsible officer will report the fact to the Permanent Secretary (Establishment Division) and—
(a) if the responsible officer recommends that the vacancy should be filled by the appointment or promotion of an officer serving in that Ministry he will so inform the Permanent Secretary (Establishment Division);
(b) if the responsible officer is unable to recommend the promotion of a serving officer to fill a vacancy he will inform the Permanent Secretary (Establishment Division) of the names of the officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post;
(c) if the responsible officer recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it;
(d) if the responsible officer is unable to recommend that the vacancy should be filled immediately he will so inform the Permanent Secretary (Establishment Division) and state his reasons therefor.
(2) The Permanent Secretary (Establishment Division) will verify the details of the vacancy and will forward the responsible officer"s recommendations, with his own comments thereon, to the Secretary.
22. Vacancies to be filled after examination or course of study
Where a vacancy is to be filled—
(a) according to the results of examinations which are conducted by or supervised by the Commission; or
(b) on the successful completion of a course of study or training designed to qualify a candidate for appointment to the public service;
the Commission may make such arrangements in respect of the filling of such vacancies as it considers appropriate.
23. Recruitment outside Zambia
If a responsible officer is informed that the Commission has decided that a particular vacancy should be filled by recruitment from outside Zambia, he shall prepare an indent on the appropriate form and submit it to the Permanent Secretary (Establishment Division) who will be responsible for verifying the particulars contained therein.
No appointment to the public service may be made before the Commission has determined the suitability of the candidate concerned. The Permanent Secretary (Establishment Division) will inform responsible officers of appointments authorised in their Ministries by the Commission and of the initial rate of salary approved by him.
(1) Where a public officer holds a probationary appointment, three months before the expiration of the period of such probationary appointment the responsible officer shall consider—
(a) whether such officer should, on such expiration, be confirmed in a pensionable post;
(b) whether a further period of probationary service is necessary to determine whether such officer should be so confirmed; or
(c) whether such officer should not remain in the public service.
(2) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that a public officer in a probationary appointment should be confirmed in a pensionable appointment and if that public officer has passed such examinations as may be required as a condition for confirmation in his appointment, the responsible officer, as soon as may be before the expiration of the period of probationary appointment, shall forward a recommendation that the officer be confirmed to the Permanent Secretary (Establishment Division) who will refer it, with his comments, to the Secretary.
(3) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work and conduct of a public officer in a probationary appointment have been of a standard to justify confirmation in a pensionable office, but the officer has not completed the examinations required for his appointment, the responsible officer, as soon as may be before the expiration of that public officer"s probationary appointment, shall forward a report together with his recommendations as to the period of further probationary service which the officer should be granted in order to pass the required examination to the Permanent Secretary (Establishment Division) who will refer it, with his comments, to the Secretary.
(4) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of a public officer in a probationary appointment has not been in all respects satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend—
(a) an extension of the officer"s probationary service to show whether he can overcome the defects noted; or
(b) that the officer"s probationary appointment should be terminated.
(5) The responsible officer shall, when giving to a public officer the information mentioned in sub-regulation (4), ask the officer whether he wishes to make, within a period to be appointed by the responsible officer any representations on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report on the officer, together with a copy of the letter to the officer and of the latter"s representations, if any, his comments thereon and a recommendation either that the period of probationary service should be extended or that the officer should not remain in the public service, to the Permanent Secretary (Establishment Division), who will refer them, with his comments, to the Secretary.
(6) Where a public officer holds a probationary appointment and the responsible officer at any time during the period of such probationary appointment is of the opinion that such appointment should be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in a pensionable office, the procedure prescribed in sub-regulations (4) and (5) shall be followed.
(7) An offence or offences against discipline committed by an officer to whom this regulation applies, or the conviction of such an officer on a criminal charge, shall be dealt with in accordance with Part IV.
26. Retirement on attaining pensionable age
(1) The responsible officer shall, not later than six months before a public officer serving in his Ministry attains pensionable age as defined in the Civil Service (Local Conditions) Pensions Act, notify such officer and the Permanent Secretary (Establishment Division) of his impending date of retirement.
(2) The Permanent Secretary (Establishment Division) will forward the responsible officer"s notice to the Secretary.
(1) If a responsible officer recommends that a public officer should act for a period of not less than thirty days in a post higher than that held substantively, or for a period of less than thirty days where it is required by law or regulation that the functions of the higher post may be exercised only by a person authorised by notification in the Gazette to exercise those functions, and that higher post is prescribed by the Government as a post carrying acting allowance, he will so inform the Permanent Secretary (Establishment Division).
(2) If any such recommendation involves the supersession of any more senior officers serving in the Ministry, detailed reasons for the supersession of each such officer will be forwarded with the recommendation.
(3) The Permanent Secretary (Establishment Division) will forward the responsible officer"s recommendation, with his comments, to the Secretary.
(4) In considering recommendations for acting appointments, the Commission shall apply the standards prescribed in regulation 13 except that consideration may also be given to the exigencies of the Service.
(1) Not later than two months before a public officer serving in Division III or IV of the public service is due to pass a promotion bar, a Promotion Bar Certificate, in the approved form, will be forwarded by the responsible officer to the Permanent Secretary (Establishment Division).
(2) If the responsible officer recommends in favour of the officer passing the promotion bar the Permanent Secretary (Establishment Division) will forward the certificate, with his comments, to the Secretary.
(3) If the responsible officer is unable to recommend that the officer should be permitted to pass the promotion bar only because the officer has not passed the language, departmental or other examinations required for his appointment, the Permanent Secretary (Establishment Division) will forward the certificate, with his comments, to the Secretary.
(4) If the responsible officer considers that the officer is not qualified to pass the promotion bar for reasons other than the officer"s failure to have passed the language, departmental or other examinations required for his appointment, he shall, prior to forwarding the certificate to the Permanent Secretary (Establishment Division), so inform the officer, indicating the reasons therefor, and ask the officer if he has any representations to make within a period to be appointed by the responsible officer. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a copy of his letter to the officer and the latter"s representations, if any, and his comments thereon, together with the Promotion Bar Certificate to the Permanent Secretary (Establishment Division) who will forward them, with his comments, to the Secretary.
If, upon consideration of a recommendation made by a responsible officer under the provisions of regulation 25 or 28 that an officer other than an officer serving in Division I or II of the public service should be confirmed in a pensionable post or permitted to pass a promotion bar, as the case may be, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report.
30. Renewal of agreements and admission to permanent and pensionable establishment
(1) Where a public officer is serving on agreement for a specified period of service and the responsible officer of the Ministry in which the officer is employed desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer"s first day of resident service or three months before the officer"s last day of duty, whichever is the earlier, the responsible officer will invite the officer in writing either, if the officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service. If the officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer will forward to the Permanent Secretary (Establishment Division) the officer"s application together with his recommendation and stating also whether the officer has passed his obligatory examinations, if any, the details of which must be given. The Permanent Secretary (Establishment Division) will forward the officer"s application and the responsible officer"s recommendations with his comments, to the Secretary.
(2) Where a public officer is serving on agreement for a specified period of service and the responsible officer of the Ministry in which the officer is employed does not wish to retain his services for a further period of service, then the responsible officer will so inform the officer in writing not later than five months before the officer"s last day of duty and ask the officer if he has any representations to make within a period to be appointed by the responsible officer. If the officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action will be necessary. If the officer does make representations, the responsible officer will forward a full statement of reasons for recommending that the officer should not be engaged for further service, together with a copy of his letter to the officer and the latter"s representations and his comments thereon, to the Permanent Secretary (Establishment Division) who will forward them, with his comments, to the Secretary.
PART IV
DISCIPLINE
31. Procedure when criminal offence may have been committed
(1) Whenever it comes to the notice of a disciplinary authority that a criminal offence likely to warrant disciplinary proceedings may have been committed by a public officer, it shall be the duty of the disciplinary authority to inform the responsible officer forthwith.
(2) Whenever it comes to the notice of a responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by a public officer, or whenever a responsible officer is so informed under sub-regulation (1), it shall be the duty of the responsible officer to consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against such public officer.
(3) Where, after consultation with the Director of Public Prosecutions, the responsible officer is informed that criminal proceedings are not being instituted as aforesaid, it shall be the duty of the responsible officer to decide whether disciplinary proceedings are to be instituted against the public officer and to give directions accordingly.
(4) Whenever criminal proceedings are instituted against a public officer, it shall be the duty of the responsible officer to submit a report forthwith to the Permanent Secretary (Establishment) setting out the facts of the case, together with a statement as to whether such public officer has been suspended under regulation 32.
[Am by SI 250 of 1973.]
32. Suspension of public officer
(1) A responsible officer shall suspend a public officer from the exercise of the powers and functions of his office if he is satisfied that the public interest so requires and—
(a) if criminal proceedings are instituted against such public officer; or
(b) if disciplinary proceedings for his dismissal are instituted or are about to be instituted against such public officer.
(2) Whenever the responsible officer suspends a public officer under this regulation, he shall notify such public officer in writing of the reasons therefor and shall deliver a copy of such notice to the secretary.
(3) A public officer who is suspended under sub-regulation (1) shall, during the period of his suspension, receive such proportion of his salary, not being less than half of his salary, as the responsible officer may direct.
(4) Where criminal proceedings or disciplinary proceedings have been instituted against a public officer under suspension and such public officer—
(a) is not convicted as a result of such criminal proceedings, if any; and
(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings;
the whole amount of his salary withheld under sub-regulation (3) shall, upon the expiry of the period of his suspension, be paid to him.
(5) Where criminal proceedings or disciplinary proceedings have been instituted against a public officer under suspension and such public officer—
(a) is or is not convicted as a result of such criminal proceedings, if any; and
(b) is subjected to any punishment under these Regulations, other than dismissal, as a result of such disciplinary proceedings;
he shall, upon the expiry of the period of his suspension, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct.
(6) Subject to the provisions of sub-regulation (3), the suspension of a public officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such public officer:
Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such public officer.
(7) A public officer who is suspended under this regulation shall not leave Zambia without the permission of the responsible officer during the period of his suspension.
(8) In this regulation—
"criminal proceedings" include investigations into malpractices and embezzlement of public funds:
"salary" includes any personal allowance, inducement allowance and direct payments made under assistance schemes.
[Am by SI 250 of 1973.]
33. Suspension of disciplinary proceedings pending final determination of criminal proceedings
Where criminal proceedings are instituted against a public officer, no disciplinary proceedings shall be instituted against such public officer upon any ground which is the subject of such criminal proceedings, or, if such disciplinary proceedings have been instituted, they shall be suspended, until the conclusion of such criminal proceedings and the determination of any appeal therefrom.
34. Procedure following criminal conviction or absence from duty without leave or detention
(1) Where, as a result of criminal proceedings, a public officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall direct that the salary of such public officer be withheld as from the date of his conviction pending the determination of such disciplinary proceedings.
(2) Where disciplinary proceedings instituted against a public officer convicted of a criminal offence do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (1) as the Commission may direct.
(3) Where a public officer absents himself from duty without leave for more than ten days or where he is detained under the Preservation of Public Security Regulations, he shall be suspended from duty forthwith by the responsible officer who shall direct that the salary of such public officer be withheld as from the date of his suspension from duty pending the determination of disciplinary proceedings.
(4) Subject to the provisions of this regulation, the suspension of a public officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such public officer:
Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such public officer.
[Am by SI 250 of 1973.]
35. Procedure after conviction of officers whose basic salary is not less than GS 7
(1) This regulation applies to a public officer whose basic salary is not less than the basic salary payable in respect of a public officer graded as GS 7.
(2) Where a public officer to whom this regulation applies is, as a result of criminal proceedings, convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to the provisions of regulation 33, be instituted and determined in accordance with this regulation.
(3) Upon the conviction, as aforesaid, of a public officer to whom this regulation applies, it shall be the duty of the responsible officer to obtain—
(a) a true copy of the charge; and
(b) a true copy of the judgment of the court by whom such public officer was convicted; and
(c) in the case of any appeal, a true copy of the judgment of any court by whom such appeal was determined; and
(d) a true record of the proceedings of every such court, if available.
(4) The responsible officer shall institute disciplinary proceedings against a public officer under this regulation by delivering to such public officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such public officer to submit to the responsible officer, within such period as the responsible officer shall specify, an exculpatory statement in writing of the grounds on which such public officer relies to exculpate himself.
(5) The responsible officer shall submit the documents obtained under sub-regulation (3) together with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (4), to the Permanent Secretary (Establishment) who shall peruse the same and submit them, together with his written comments, to the secretary.
(6) Notwithstanding the provisions of regulations 37, 38 and 39, the Commission may consider any disciplinary proceedings instituted against a public officer under this regulation upon perusal of the documents referred to in sub-regulation (5), and may, in like manner, determine whether such public officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted.
[Am by SI 250 of 1973.]
36. Proceedings after acquittal on criminal charge
A public officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished for any charges upon which he has been so acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter.
37. Institution and form of disciplinary proceedings
(1) Subject to the provisions of regulation 35, disciplinary proceedings against a public officer under these Regulations shall be instituted by the disciplinary authority:
Provided that the responsible officer may, in any case where he considers it necessary or desirable, assume and exercise the functions of the disciplinary authority in relation to such disciplinary proceedings and, without prejudice to the provisions of sub-regulation (3) of regulation 40, the provisions of these Regulations shall apply mutatis mutandis to such disciplinary proceedings as they apply to disciplinary proceedings instituted by a disciplinary authority.
(2) Subject to the provisions of regulation 35, disciplinary proceedings instituted against—
(a) a public officer who—
(i) is in receipt of a basic salary exceeding K5,199 per annum; or
(ii) has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant his dismissal or discharge or reduction in rank or reduction in salary;
shall be formal disciplinary proceedings;
(b) any other public officer who has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant punishment other than a punishment referred to in sub-paragraph (ii) of paragraph (a), shall be summary disciplinary proceedings.
(3) In this regulation-
"formal disciplinary proceedings" means disciplinary proceedings under regulation 38;
"summary disciplinary proceedings" means disciplinary proceedings under regulation 39.
[Am by SI 250 of 1973.]
38. Formal disciplinary proceedings
(1) Any disciplinary proceedings instituted against a public officer referred to in paragraph (a) of regulation 37 (2) shall be instituted and determined in accordance with this regulation.
(2) Whenever a disciplinary authority institutes disciplinary proceedings against a public officer (hereinafter called "the accused officer") under this regulation, he shall do so, after such consultation with the Director of Public Prosecutions as he considers necessary, by delivering to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused officer relies to exculpate himself.
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