Public Service Regulations 2000 (Statutory Instrument 1 of 2000)

Statutory Instrument 1 of 2000

Public Service Regulations 2000

SIs 1/2000, 58A/2001, 108/2001, 261/2001.

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY

PART II

APPOINTMENT, PERFORMANCE APPRAISALAND CAREER MOBILITY

3. General principles applicable to recruitment, advancement, promotion and grading of members.
4. Staff advisory committees.
5. Entrance examinations.
7. Probationary period.
8. Performance appraisal.
12. Promotion procedures.

PART III

RESIGNATION, TERMINATION OF EMPLOYMENT AND RETIREMENT

16. Termination of contract or temporary employment.
17. Pensionable age and retirement.
18. Retirement before reaching pensionable age.

PART IV

GRADING AND SALARIES

19. Grading structure.

PART V

ALLOWANCES

21. Travel expenses.
22. Official travel.
23. Transportation of dependants, personal goods or both.
24. Subsistence allowance.
25. Proved and unproved expenses.
26. Transfer expenses.
27. Acting allowance.
28. Responsibility allowance.
29. Provision for performance awards and other allowances.

PART VI

INDEMNIFICATION OF DRIVERS

30. Interpretation in Part VI.
31. Indemnification of drivers.
32. Costs of legal representation.
33. Limitations of indemnification.
34. Right to recover.

PART VII

LEAVE

35. Interpretation in Part VII.
36. Vacation leave.
37. Annual leave.
38. Sick leave.
39. Maternity leave.
40. Manpower development leave.
41. Special leave.

PART VIII

DISCIPLINARY PROCEDURE

42. Disciplinary authorities.
43. Disciplinary committees.
44. Procedure before and immediately following allegation of misconduct.
45. Hearings before disciplinary committee.
46. Determination of allegation of misconduct.
47. Member convicted of a criminal offence.
48. Imposition of suspension order.
49. Effect and cancellation of suspension order.
50. Imposition of penalty by disciplinary authority.
51. Appeals to Labour Relations Tribunal and reviews by Commission.
52. Appeals to Labour Relations Tribunal from decisions of Commission.

PART IX

GRIEVANCE PROCEDURE

53. Interpretation in Part IX.
54. Grievance procedure for members of grades other than senior grades.
55. Grievance procedure for members of senior grades.

PART X

MAINTENANCE OF SERVICES

56. Interpretation in Part X.
57. Appointment of designated member.
58. Suspension or variation of working rules.
59. Suspension or discharge of members.
60. Notification of suspension or discharge.
61. Representations by members and former members concerning prohibition, suspension or summary discharge.
62. Charges of misconduct against suspended or reinstated members.

PART X

GENERAL

63. Discharge of members on the grounds of detention, restriction, deportation, imprisonment and abscondment.
64. Suspension of salary of member who is imprisoned, detained, restricted or deported.
65. Departures from Parts VIII and IX in certain circumstances.
66. 67. Repeals.

SCHEDULES

First Schedule: Acts of misconduct.

Second Schedule: Promotion: principles and conditions.

Third Schedule: Eligibility for manpower development leave.

Fourth Schedule: Misconduct report. Fifth Schedule: [Repealed.] Sixth Schedule: Repeals.

IT is hereby notified that the Public Service Commission has, in terms of section 31 of the Public Service Act [Chapter 16:04], made the following regulations with the concurrence of the Minister of Public Service, Labour and Social Welfare:—

PARTI

PRELIMINARY

1. Title

These regulations may be cited as the Public Service Regulations, 2000.

2. Interpretation

In these regulations—

“appointing authority”, in relation to any appointment to the Public Service, means the Commission or a head of Ministry or department to whom it has delegated the power of appointment to any specified post;

“confirmed member” means a member who is confirmed in his appointment after a period of probation, or was an established officer in accordance with section 5 of the Public Service (General) Regulations, 1992, before the date of commencement of these regulations;

“delegated authority” means any authority to which the Commission has, in terms of these regulations, delegated any of its functions;

“department” means any division of a Ministry for which a head of department has been designated by the Commission;

“disciplinary authority” means a disciplinary authority referred to in section 42;

“disciplinary committee” means a disciplinary committee appointed in terms of section 43;

“establishment officer” means the member who is designated by the Commission as the establishment officer in a department;

“grade” means the position or grade which has been allocated to a post;

“head of department” means—

• the principal establishment officer; or
• the establishment officer in a department; or
• such other member as the Commission may designate as a head of department for the purpose of these regulations;

“head of office” means the person in charge of the office, branch or institution in which a member is employed, or such other person as may be designated by the Commission to be a head of office for the purpose of these regulations;

““junior grade” means any grade designated to be a junior grade by the commission in terms of section 19;

[Definition inserted by s.i. 58A of 2001]

“legal practitioner” means a person registered as such in terms of the Legal Practitioners Act [Chapter 27:07];

“medical practitioner” means a person registered as such in terms of the Medical, Dental and Allied Professions Act [Chapter 27:08];

“middle grade” means any grade designated to be a middle grade by the commission in terms of section 19;

[Definition inserted by s.i. 58A of 2001]

“misconduct” means any act or omission by a member which constitutes an act of misconduct specified in the First Schedule;

“pensionable emoluments” shall have the meaning assigned to that term by the pensions regulations;

“pensions regulations” means any regulations in force governing the terminal benefits of members;

“performance award” means any award of additional remuneration in cash or in kind to a member, including any bonus or increment , made in accordance with the Commission’s determination of the level of performance attained by that member;

[Definition inserted by s.i. 58A of 2001]

“principal administrative officer” means a member designated as such by the Commission;

“principal establishment officer” means a member designated as such by the Commission;

“probation” means the period of employment before a member is confirmed in his appointment;

“senior grade” means a grade of or above the level of a deputy secretary to a Ministry or an equivalent level;

“staff advisory committee” means a committee appointed in terms of subsection (1) of section 4;

“teacher” means a member who is serving in the Ministry responsible for primary, secondary, tertiary or vocational education.

PART II

APPOINTMENT, PERFORMANCE APPRAISALAND CAREER MOBILITY

3. General principles applicable to recruitment, advancement, promotion and grading of members

(1) In order to promote efficiency and effectiveness in the provision of services to the public, the appointing authority shall, subject to subsection (2), recruit, advance, promote or grade those members who, in relation to the post in question, are the most suitable as regards—

• knowledge about the task to be performed and ability to perform it; and
• relevant experience; and
• the requisite qualifications and qualities; and
• where applicable, potential for training and development.

(2) The recruitment, advancement, promotion or grading of members shall be on the basis of merit.

4. Staff advisory committees

• Every head of Ministry and head of department shall appoint a staff advisory committee to advise the head on all matters affecting appointment, transfer, promotion, and training in the Ministry or department concerned.

[Subsection amended by s.i. 58A of 2001]

• The Commission may, from time to time, issue notices or circulars governing the composition and procedure of staff advisory committees.

5. Entrance examinations

• The Commission may, with a view to ensuring that persons recruited as members meet the requirements of their posts, set Public Service entrance examinations for any administrative, professional, clerical and technical post.
• The Commission may set pre-confirmation promotion examinations for any administrative, professional, clerical or technical post or grade:

Provided that success in a pre-confirmation or promotion examination shall not on its own entitle a member to confirmation or promotion, as the case may be.

• The Commission may issue notices or circulars governing the content and conduct of entrance examinations.

6. Appointment

(1) Appointment as a member may be on—

• indefinite and pensionable conditions of service;
• temporary terms to fill a casual vacancy or supernumerary post; (c) contract for a specified period of service.
• The Commission may, from time to time, issue notices or circulars governing appointments to any post or grade, including notices or circulars specifying qualifications with respect to knowledge, ability, professional attainment, aptitude and potential.
• Every appointment shall be made by the Commission, except to the extent that the Commission has, in respect of specified posts, delegated its power of appointment to a head of Ministry or head of department.
• The procedure governing appointments to the Public Service shall be guided by the following principles—
• candidates shall be timeously informed of any vacancy and the conditions of service attaching to it, and be given a reasonable time within which to apply; and
• eligible candidates shall be considered equally on merit by fair competition under procedures which safeguard against individual bias; and
• the selection criteria and techniques to be applied shall be reliable, valid and relevant to the post concerned.
• Before making an offer of appointment the appointing authority shall complete to its satisfaction all the checks necessary to confirm that the candidate is eligible for appointment.
• No appointment shall be made, whether temporary or otherwise, for which no provision has been made in the Estimates of Expenditure for the current financial year.
• Every notice or advertisement inviting applications for appointment to a vacancy in the Public Service shall set out as clearly and concisely as possible the job description and job specification applicable to the vacancy.
• A candidate shall not be appointed to the Public Service—

(a) unless he has been examined by a medical practitioner and certified, to the satisfaction of the Secretary for Health, to be free from any mental or physical deficiency or infirmity likely to interfere with the efficient performance of his duties or render necessary his retirement before pensionable age:

Provided that, a candidate having a mental or physical deficiency or infirmity which is not likely to interfere with the efficient performance of his duties but which may render necessary his retirement before reaching pensionable age, may be appointed or promoted to such posts in the Public Service and subject to such conditions as the Commission may determine; (b) unless he has attained the age of eighteen years:

Provided that a candidate below that age may be appointed as an apprentice or cadet;