GOVERNMENT GAZETTE · GOVERNMENT GAZETTE (,. OFTHE REPUBL:ICOFNAMIBIA N$6.96 WINDHOEK - 7August1995...

GOVERNMENT GAZETTE(,. OF THE

REPUBL:IC OF NAMIBIAN$6.96 WINDHOEK - 7 August 1995 No. 1121

CONTENTS

Page

GOVERNMENT NOTICE

No. 135 Promulgation of Public Service Act, 1995 (Act I3 of 1995), of theParliament ... :......

Government Notice

OFFICE OF THE PRIME MINISTER

No. 135 1995

PROMULGATION OF ACTOF PARLIAMENT

The following Ac! which has been pa~sed by the Parliament and signed by the Pre-sident in terms of the Namibian Constitution is hereby published in terms of Article56 of that Constitution.

No. 13 of 1995: Public Service Act, 1995.

rUDLJL :SEKVJCt; ACT, 1995

ACTTo. provide for the<establishment,management and effi-ciency of the Public Service, the regulation of theemployment, conditions of service, discipline, retire-ment and discharge of staff members in the PublicService, and other incidental matters.

(Signed by the President on 24 July 1995)

ARRANGEMENT OF SECTIONS

INTRODUCTORY PROVISIONS

Section

1. Definitions.

PART I

ESTABLISHMENT AND MANAGEMENTOF PUHLIC'SERVICE

2. Establishment of Public Service.3. Offices, ministries and agencies of PijbliG Service.4. Composition of Public Service.5. Functions of Prime Minister.6. Power of Prime Minister to inquire into the efficient functioning ofoffices, ministri,es,and agencies and the efficiency of staff members.

7. Delegation of powers and assignment of duties of }>rime.Minister.8. Approval of matters by Prime Minister.9. Rejection or variation of Commission's recommendations or advice.10. Functions of Secretary to the Cabinet.11. Functions of permanent secretaries.12. Delegation of powers and assignment of duties of permanent secretaries.

'.

No. 1121 Government Gazette 7 August 1995PUBLIC SERVICE ACT; 199540

3Act No. 13, 1995

PART 11

PERSONNEL ADMINISTRATION

13. Remuneration of staff members and members of the services.14. Reduction of salary prohibited.15. Additional remuneration. .

16. Unauthorised or wrongly granted remuneration and other benefits.17. Staff members and members of the services to place their time at disposal

of Government.18. Conditions in regard to filling of posts.19. Appointment of permanent secretaries, Secretary to the Cabinet and

Secretary to the President.20. Appointments on special conditions.21. Appointments in acting capacities.22. Appointments, promotions and transfers on probation.23. Transfer and secondment of staff members.24. Retirement and discharge of staff members.

PART III

MISCONDUCT

25. Definition of misconduct.26. Misconduct and suspension of staff members.27. Misconduct and suspension of permanent secretaries.28. Misconduct of Secretary to the Cabinet and Secretary to the President.29. Manner in which notices may be given or certain documents maybe

served.

PART IV

GENERAL PROVISIONS

30. Political rights of staff members.31. Assignment of other functions to staff members.32. Labour relations.33. Limitation of legal proceedings.34. Regulations.35. Public Service Staff Rules.36. Application of Act.37. Transitional provisions!.38. Construction of certain references in other laws.39. Amendment of laws.40. Repeal of laws.41. Short title and commencement.

Act No. 13, 1995 YlJJSLlL :S"'K V IL'" ACI, I 'J1J5

SCHEDULE I

OFFICES AND PERMANENT SECRETARIES

SCHEDULE 2

MINISTRIES AND PERMANENT SECRETARIES

SCHEDULE 3

AGENCIES AND PERMANENT SECRETARIES

SCHEDULE 4

AMENDMENT OF LAWS

SCHEDULE 5

LAWS REPEALED

BE IT ENACTED by the Parliament of the Republic of Namibia, asfollows:-

Definitions.

INTRODUCTOR Y PROVISIONS (

1. (I) In this Act, unless the context otherwiseindicates -

"agency" means any agency mentioned in the first columnof Schedule 3;

"benefit" includes any allowance, award, bonus, COm-mission, fee, honorarium or reward;

No. 1121Act No. 13, 1995

Government Gazette 7 August 1995Pl1BLlC SERVICE ACT, 1995

5

"Commission" means the Puhlic Service Commissionestablished in terms of Article 112( I) of the NamibianConstitution;

"establishment" means the posts created for the normaland regular permanent requirements of any office,ministry or agency or any organisational componentthereof;

"grade" means the hierarchical levels on which posts arecreated;

"member of the services" means any member -

(a) of the Namibian Defence Force established in terms ofsection 5 of the Defence Act, 1957 (Act 44 of 1957),and includes any person appointed to or engaged inany auxiliary service or nursing service established interms of that Act;

(b) of the Namibian Police Force estaplished by section 2of the Police Act, 1990 (Act 19 of 1990); or

(c) of the Prison Service established under section 2(1) ofthe Prisons Act, 1959 (Act 8 of 1959);

"ministry" means any ministry mentioned in the firstcolumn of Schedule 2;

"office" means any office mentioned in the first column ofSchedule I; IJ

"organisational component", in relation to any office,ministry or agency, means any department, directorate,division, subdivision, section or subsection thereof andany other related designation;

"permanent secretary" means the permanent secretary ofany office, ministry or agency referred to in section 3(3);

"prescribed" means prescribed by or under this Act;

"Prime Minister" means the Prime Minister appointedunder Article 32(3)(i)(aa) of the Namibian Constitution;

6

Act No. 13, 1995

Establishment "r PublicService.

Government Gazette 7 August 1995

PUBLIC SERVICE ACT, 1995No. 1121

"rank" means any designation attached to a holder of apost on any grade on the establishment or to a personemployed additional to the establishment and shallnormally correspond with the designation of a post on acorresponding grade, and different ranks may be attachedto persons on the same grade;

"revenue", in relation to any person, means the revenuefund or an account thereof from which his or her remu-neration is derived;

"scale of salary" means a mininum and a maximum salary,with determined rates of progression in between, attachedto a post or a rank and includes a salary at a fixed rate;

"staff member" means any person employed in a post on oradditional to the establishment as contemplated in section4 and includes the Secretary to the Cabinet and theSecretary to the President;

"this Act" includes the Public Service Regulations and thePublic Service Staff Rules mentioned in section 35;

"Treasury" means the Treasury as defined in section l(l) ofthe State Finance Act, 1991 (Act 31 of 1991).

(2) A reference in this Act to a reduction in a salary orscale of salary shall, in so far as such reference relates to astaff member, be construed as including a reference to theapplication ofa salary which is lower in comparison with asalary 'which would have applied at any time prior to that

. reduction, or to a scale of salary which is lower than thescale previously applied as regards the minimum ormaximum, orhoth the minimum or maximum, of the scaleof salary or the rate of progression in the scale of salary. asthe case may be.

PART I

ESTABLISHMENT AND MANAGEMENTOF PUBLIC SERVICE

2. There shall be a Public Service for the Republic ofNamibia which shall be impartial and professional in itseffective and efficient service to the Government in policyformulation and evaluation and in the prompt execution

No. 1121Act No. 13, 1995

Offices. ministries andagencies of Public Service.


PUBLIC SERVICE ACT, 19957

of Government policy and directives so as to serve thepeople of the Republic of Namibia and promote theirwelfare and lawful interests.

3. (1) For the purposes of the administration of thePublic Service there are -

(a) offices;

(b) ministries; and

(c) agencies,

established in terms of the Namibian Constitution.

(2) The President -

(a) shall determine the functions of offices, ministriesand agencies;

(b) may assign any of such functions from an orga-nisational component. of any office, ministry oragency to an organisational component of anyother office, ministry or agency, or from anyoffice, ministry or agency to any other body, orfrom any other body to any office, ministry oragency.

(3) Each office, ministry and agency shall have apermanent secretary designat~d by the name mentioned -

(a) in the case of an office, in the second column ofSchedule 1;

(b) in the case of a ministry, in the second column ofSchedule 2;

(c) in the case of an agency, in the second column ofSchedule 3,

opposite the designation of the office or ministry or agencyconcerned mentioned in the first column of Schedule I or2or 3, respectively, and who shall be the administrative headof that office or ministry or agency.

8

Act No. 13, 1995



(4) The President may vary the designation of anyoffice or ministry or agency or of the permanent secretarythereof by amending Schedule 1 or 2 or 3, respectively, byproclamation in the Gazette or may by such proclamationinsert the designation of any office or ministry or agency,established in terms of the Namibian Constitution, and ofthe permanent secretary thereof or delete the designationof any such office or ministry or agency and of thepermanent secretary thereof.

Composition of PublicService.

4. The Public Service shall consist of all such personsas may be employed permanently or temporarily on afull-time or part-time basis or under a special contract orunder any contract of employment contemplated insection 34(1)(a) -

(a) in posts on the establishment;

(b) additional to the establishment.

Functions of PrimeMinister.

5. (I) The appointment. of any person to, or thepromotion, transfer or discharge of any staff member in orto or from, the Public Service shall be made by the PrimeMinister on the recommendation of the Commission inaccordance with the provisions of this Act.

(2) The Prime Minister shall direct the Public Serviceand his or her functions shall in particular include thefollowing:

(a) Subject to the provisions of section 3(1) and (2),the establishment, readjustment and reorgan-isation of organisational components of offices,ministries or agencies, the assignment of anyfunction of any office, ministry or agency fromone organisational component thereof to anotherorganisational component of the same office,ministry or agency and the making of recom-mendations to the President relating to theassignment of functions from an organisationalcomponent of any office, ministry or agency to anorganisational component of any other office,ministry or agency, or from any office, ministry oragency to any other body, or from any other bodyto any office, ministry or agency, or to theabolition of functions;

No. 1121Act No. 13, 1995

Government Gazette 7 August 1995PUBLIC SERVICE ACT, 1995

9

(b) the det~rmination of the number and the gradingof posts on the establishment;

(c) the determination of specified categories ofemployment in the Public Service and the desig-nations attached to posts and ra,nks on differentgr,adings on the establishment and the regradingand conversion of such posts and ranks;

(d) the farming out of work in the Public Service toprivate consultants, private persons and con-tractors in the private sector to perform suchwork for or on behalf of the Public Service;

(e) the determination of scales of salary attached toposts or ranks, including allowances of staffmembers;

(f) the determination of the age, educational,language and other qualifications, includingtraining and experience, to be possessed by aperson for the purposes of any appointment,promotion or transfer to or in the Public Service,where such qualifications are not prescribed by orunder this Act or any other law;

(g) the determination of conditions for the per-formance of overtime;

(h) the determination of levels of staffing of thePublic Service;

(i) the ensuring of personnel and career develop-ment;

U) the determination of conditions of service,including the establishment of a pension fund forthe benefit of si&ff members and their depend-ants;

(k) the provision of training, including the con-ducting of examinations or tests, in such subjects,including languages, as may be required for anyappointment, promotion or transfer to or in thePublic Service;

toAct No. 13,1995



(I) the co-ordinating of the performance of thefunctions of the Government by the PublicService;

(m) the keepingof records of staff members employedin posts on or additional to the establishment; and

(n) the promotion of efficiency in the administrationof offices, ministries and agencies by -

(i) improved procedures or methods;

(ii) improved supervision or control;

(iii) simplification of work or the elimination ofunnecessary work;

(iv) co-ordination .ofwork;

(v) limitation of the number of staff membersand the utilisation of the services of staffmembers to the best advantage of the PublicService;

(vi) procurement and effective utilisation oflabour-saving aids, devices, machinery andcomputers; .

(vii) proper control over the cost effective util-isation of facilities and properties of theState.

(3) Notwithstanding anything to the contrary con-tained in this Act, the Prime Minister shall perform thefunctions entrusted tohimor her in terms of subsection (2)on the recommendation of the Commission, except thosefunctions entrusted to him or her in terms of paragraphs(k), (I), (m) and (n) of that subsection.

(4) Except as otherwise provided in this Act, anyapproval other than an approval relating to a particularperson granted by the Prime Minister in terms of this Actshall, if it involves expenditure from revenue, not becarried out unless prior approval for such expenditure hasbeen obtained from the Treasury.

No. 1121Act No. 13, 1995

Power of Prime Ministerto inquire into the efficientfunctioning of offices.ministries and agenciesand the efficiency of staffmembers.



(5) The performance of any function referred to insubsection (I) shall not be to the detriment of any erstwhilestaff member and any approval by the Prime Ministerrelating to such staff member may only be granted withintwo years after the expiry of the employment of such staffmember.

6. (I) The Prime Minister may, after consultationwith the President or the Minister concerned, as the casemay be, inquire into -

(a) the efficient functioning of any office, ministry oragency;

(b) the efficiency of any staff member.

(2) For the purposes of performing his or her func-tions in terms of this Act or any other law, the PrimeMinister -

(a) shall have access to s~ch official documents;

(b) may obtain such information from any staffmember,

as he or she may deem relevant or may require.

(3) The Prime Minister may designate any staffmember to conduct an inquiry referred to in subsection(1), and the designated staff member may -

(a) summons, after he or she has notified the per-manent secretary concerned, any staff memberwho in the opinion of the designated staff membermay be able to give material informationconcerning the subject of any inquiry conductedby him or her, or who he or she suspects orbelieves has in his or her possession or custody orunder his or her control any book, document,writing, object or any other matter which has anybearing upon the subject ofthe inquiry, to appearbefore him or her at the time and place specified inthe summons, to be questioned or to produce thatbook, document, writing, object or any othermatter, and the designated staff member maykeep any book, document, writing, object or anyother matter so produced for the duration of themqmry;

12 Government Gazette 7 August 1995 No. 1121Act No. n, 1995 PUBLIC SERVICE ACT, 1995

(b) call and administer an oath to or accept anaffirmation from any staff member present at theinquiry who was or might have been summonsedunder paragraph (a), and may question such staffmember and require him or her to produce anybook, document, writing, object or any othermatter in his or her possession or custody orunder his or her control which the designated staffmember suspects or believes to have a bearingupon the subject of the inquiry.

(4) A summons of a staff member to appear beforethe designated staff member or to produce a book,document, writing, object or any other matter shall be inthe prescribed form, and shall be signed by the designatedstaff member and be served in any manner contemplated insection 29(b).

(5) Any staff member who, having been duly sum-monsed under subsection (3)(a), fails to attend an inquiry,or who, having been called under subsection (3)(b), refusesto be sworn or to affirm as a witness, or who without justcause fails to answer fully and satisfactorily to the best ofhis or her knowledge any question lawfully put to him orher or to produce any book, document, writing, object or

. any other matter in his or her possession or custody orunder his or her control whichi-he or she has been requiredto produce, shall be guilty of misconduct.

(6) Any staff member who, after having been swornor after having affirmed as a witness, gives a false answer toany question lawfully put to him or her by the designatedstaff member, or who makes a false statement on anymatter, knowing that answer or statement to be false, shallbe guilty of an offence and liable on conviction to thepenalty prescribed by law for the crime of perjury.

Delegation of powersand 7. (I) The Prime Minister may, subject to. suchassignmentof dutiesoff);;conditions as he or she ma y determine dele gate anyPnme MInister. ,

.

"JGpower, excluding the power to make regulations undersection 34, or assign any duty entrusted to him or her by orunder this Act to any staff member or staff members in anyoffice, ri1~istry or agency.

(2) (a) A delegation or assignment under subsection'(1) shall not divest the Prime Minister of any

!'

No. 1121Act No. 13, 1995

Approval of matters byPrime Minister.

Rejection or variation ofCommission's recom-mendations or advicc.

Funl...tioll~ of SCLTL'tary tothe Cahinct.


13

power delegated or duty assigned, and he or shemay at any time vary or set aside any decisionmade thereunder.

(b) If a decision so varied or set aside relates to anyperson, that person may, within 14 days after thevariation or setting aside of the decision, makewritten representations to the Prime Minister inconnection with such variation or setting aside.

8. (I) An approval granted by the Prime Minister interms of this Act shall be deemed -

(a) to have been granted on the date of the writtenapproval;

(b) if it relates to a particular person, to have beencarried out by the permanent secretary concernedon the date of such written approval.

(2) Where the Prime Minister has to determine a datefor the commencement of an approval referred to insubsection (l)(a), it shall be a date within three calendarmonths from the date referred to in that subsection.

(3) If an approval referred to in subsection (1)(a) hasnot been carried out or varied or withdrawn by the PrimeMinister within three calendar months from the datereferred to in that subsection, the permanent secretaryconcerned shall forthwith carry out such approval asgranted or varied.

9. After consultation with the Commission -

(a) the President may vary or reject any recom-mendation relating to the Public Service made bythe Commission in terms of this Act or any otherlaw;

(b) the Prime Minister may vary or reject any advicerelating to the Public Service given by theCommission in terms of this Act or any other law.

10. The Secretary to the Cabinet shall -

(a) be the head of the Public Service and shalLsubject to the control and directions of the Prime

Act No. 13, 1995

Functions or permanentsecretaries.


Minister, exercise the powers and perform theduties conferred or imposed upon him or her byor under this Act or any other law;

(b) assist the Prime Minister in providing thePresident with such support as the President mayreqUIre;

(c) provide supportive services to Cabinet commit-tees;

(d) co-ordinate permanent secretaries in the per-formance of their functions;

(e) be responsible to the Prime Minister for theefficiency and effectiveness of the Public Service;and

(f) ensure that technical and administrative supportis provided to the Commission to enable it toperform the functions entrusted to it by or underthis Act or any other law.

11. Notwithstanding any other powers conferred orduties imposed upon a permanent secretary by or underthis Act or any other law, he or she shall, subject to thecontrol and directions ofthe President, the Prime Ministeror the Minister concerned, as the case may be -

(a) advise the President, the Prime Minister or theMinister concerned, as the case may be, on policyformulation and the implementation thereof, andshall brief the President, the Prime Minister orthe Minister concerned, as the case may be, on allmajor issues affecting the functioning of his orher office, ministry or agency; and

(b) beaccountable for-

(i) the efficient management and administra-tion of his or her office, ministry or agency;

(ii) the proper functional training and utilisationof staff members in his or her office, ministryor agency;

(iii) the maintenance or discipline in his or heroffice. ministry or agency; and

No. 1121

Act No. D, 1995

Delegation l)! r(\\\l.'r~ anuassignment of dlitiL'~ ofpermanl..'nt sccn:tarics.

Remuneration or staffmembers and members ofthe services.



(iv) the proper use and care of all property underthe control of his or her office, ministry oragency.

12. (I) A permanent secretary may, subject to suchconditions as he or she may determine, delegate any poweror assign any duty entrusted to him or her by or under thisAct to any staff member or staff members in his or heroffice, ministry or agency, as the case may be.

(2) (a) A delegation or assignment under subsection(I) shall not divest the permanent secretaryconcerned of any power delegated or dutyassigned, and he or she may at any time vary or setaside any decision made thereunder.

(b) If a decision so varied or set aside relates to anyperson, that person may, within 14 days after thevariation or setting aside of the decision, makewritten representations to the permanent secre-tary concerned in connection with such variationor setting aside.

PART II

PERSONNEL ADMINISTRATION

13. (I) Subject to the provisions of section 5(3), staffmembers and members of the services shall be paid salariesand allowances in accordance with such scales of salaryand allowances, and shall be entitled to such conditions ofservice, as may be determined by the Prime Minister forposts and ranks on different gradings on the es-tablishment.

(2) With the approval ofthe Prime Minister, grantedon the recommendation of the Commission -

(a) staff members or members of the services may onappointment, promotion or transfer be paidsalaries at higher scales than the minimum of theappropriate scales of salary;

Act No. 13, 1995

Reduction of salary pro-hibited.

Additional remuneration.

Unauthoriseu or wronglygranted n:nllll1e1"ation andother hcncfih.


(b) staff members or members of the services may bespecially advanced within the scales of salaryapplicable to them; and

(c) any staff member or member of the services ofexceptional ability or possessing special quali-fications or who has rendered meritorious service,or, if it is in the interest of the Public Service, anystaff member or member of the services may -

(i) be specially advanced within the scale ofsalary applicable to him or her;

(ii) be paid a salary in accordance with a higherscale of salary than his or her current scale ofsalary; or

(iii) be granted any other fitting reward.

(3) No staff member or member of the services shallbe paid in respect of his or her employment any remu-neration, allowance, award, bonus or honorarium ofwhatever nature other than such remuneration, allowance,honorarium, award or bonus as may be determined by thePrime Minister on the recommendation of the Com-miSSIOn.

14. The salary or scale of salary of a staff membershall not be reduced without his or her consent except inaccordance with the provisions of Part II 1.

15. No staff member may claim as of right anyadditional remuneration in respect of any official duty orwork which is performed or is required by a competentauthority to be performed by him or her during normalworking hours in addition to his or her ordinary officialduties or work.

16. (I) (a) Where any remuneration or other benefitof whatever nature is received by any staffmember or member of the services -

(i) in connection with the performance of his orher work in the Public Service otherwisethan in accordance with the provisions ofthis Act; or

No. 1121Act No. 13, 1995



(ii) contrary to the provIsIOns of section17(l)(b),

that staff member or member of the services shallpay into revenue an amount equal to the amountof such remuneration or other benefit, or, where itdoes not consist of money, the value thereof asdetermined by the permanent secretary of theoffice, ministry or agency in which that staffmember or member of the services was employedat the time of receipt thereof or, in the case of anypermanent secretary, as determined by theSecretary to the Cabinet or, in the case of theSecretary to the Cabinet or the Secretary to thePresident, as determined by the Prime Minister,and ifthe amount is not so paid, it shall, subject tothe provisions of paragraphs (b) and (c), berecovered from that staff member or member ofthe services by way of legal proceedings or in suchother manner as the Treasury may approve andbe paid into revenue.

(b) Where the value of such remuneration or otherbenefit has been determined -

(i) by a permanent secretary, the staff memberor member of the services concerned mayappeal in writing against such determinationto the Secretary to the Cabinet;

(ii) by the Secretary to the Cabinet, the per-manent secretary concerned may appeal inwriting against such determination to thePrime Minister;

(iii) by the Prime Minister, the Secretary to theCabinet or the Secretary to the President, asthe case may be, may appeal in writingagainst such determination to the President,

within 14 days after such determination.

(c) The Prime Minister may, on the advice of theCommission, approve that the staff member ormember of the services concerned may retain thewhole or any part of such remuneration or otherbenefit.

Act No. 13, 1995

l'V. .14.1


(2) If an incorrect salary or scale of salary or anyother benefit on appointment, promotion or transfer, oran incorrect advancement of salary within the scale ofsalary applicable to his or her grading, or an incorrectsalary or scale of salary at the time of a general or specificrevision thereof, was awarded or granted to a staff memberor member of the services, or was awarded or granted atthe correct salary or scale of salary but at a time when or incircumstances under which it should not have beenawarded or granted to him or her, the permanent secretaryconcerned shall, notwithstanding the provisions of section14 and notwithstanding the fact that the staff member ormember of the services concerned was unaware that anerror had been made in the case where the correctionamounts to a reduction of his or her salary or scale ofsalary or other benefits, correct his or her salary or scale ofsalary or withdraw any other benefit with effect from thedate on which the incorrect salary or scale of salary orsalary advancement or other benefit commenced.

(3) If a staff member or member of the services has inrespect of his or her salary, including any portion of anyallowance or other remuneration, or any other benefitcalculated on his or her basic salary or scale of salary orawarded to him or her by reason of his or her basic sal-ary -

(a) been underpaid or not received any such otherbenefit due to him or her -

(i) an amount equal to the amount of theunderpayment shall be paid to him or her;

(ii) such other benefit shall be awarded to him orher as from a current date; or

(b) been overpaid or received any such other benefitnot due to him or her -

(i) an amount equal to the amount of the over-payment shall be recovered from him or herby deducting it from his or her salary in suchinstalments as the permanent secretary con-cerned may, after consultation with him orher and with the approval of the Treasury,determine ifhe or she is in the Public Service,or, if he or she. is not so in service, by

No. 1121

Act No. 13, 1995

Staff member, and mem-bers of the services toplace their time al disposalof Government.


19

deducting it from any moneys owing to himor her by the State or by way of legalproceedings or partly in the former mannerand partly in the latter manner;

(ii) such other benefit shall be discontinued orwithdrawn as from a current date, but thestaff member or member of the servicesconcerned has the right to be compensatedby the State for any patrimonial loss whichhe or she has suffered or will suffer as a resultof that discontinuation or withdrawal.

(4) With the approval of the Treasury the amount ofan overpayment to be recovered in terms of subsection(3)(b) may be remitted in whole or in part.

17. (1) Unless it is otherwise provided for in his orher conditions of service -

(a) every staff member or member of the servicesshall place the whole of his or her time at thedisposal of the Government; and

(b) no staff member or member of the services shallperform or engage himself or herself to performremunerative work at any time outside his or heremployment in the Public Service.

(2) Notwithstanding the provisions of subsection(I)(b), and on the advice of the Commission -

(a) the permanent secretary concerned may grantpermission to any staff member other than a staffmember mentioned in paragraphs (b) and (c) or toany member of the services;

(b) the Secretary to the Cabinet may grant per-mission to any permanent secretary;

(c) the Prime Minister may grant permission to theSecretary to the Cabinet or the Secretary to thePresident, as the case may be,

to perform or engage himself or herself to performremunerative work outside his or her employment in thePublic Service: Provided that, if such work is in any way

Act No. 13, ]995

Conditions in regard tofilling of posts.


related to the official duties or work of the staff member ormember of the services or will in any way hamper theperformance of his or her official duties or work, suchpermission shall be granted only by the Prime Minister inconsultation with the President or the Minister concerned,as the case may be.

(3) In this section "remunerative work" includes anyscheme of self-employment or any connection with anyprivate business operation, whether or not it is in any wayrelated to the official duties or work of a staff member ormember of the services.

18. (I) Subject to the provisions of sections 5(1), 20and 22, every appointment, promotion and transfer to orin the Public Service shall be effected on such contract ofemployment as may be approved by the Prime Minister onthe advice of the Commission.

(2) No person shall be appointed permanently as astaff member, whether on probation or not, unless suchperson IS-

(a) a Namibian citizen; and

(b) in all respects suitable for permanent appoint-ment in a post and is free from any disease orphysical or mental defect likely to materiallyinterfere with the proper performance of his orher duties.

(3) In the filling of any post in the Public Service orthe employment of any person additional to the establish-ment, only the qualifications, experience, level of training,relative merit, efficiency and suitability of the persons orstaff members being considered for appointment,promotion or transfer shall be taken into account.

(4) For the filling of any post or the employment ofany person additional to the establishment, the PrimeMinister shall, subject to the provisions of subsection (3),approve either -

(a) the promotion or transfer of a staff member; or

(b) if, by any such promotion or transfer, the postcannot be filled or such employment cannot be

No. 1121Act No. 13, 1995

!\pptlilltl1h:111 III pl.:rma-nent secrctaries. Secretaryto the Cahinet and Secre-tary to the President.



effected to the advantage of the Public Service,the appointment of any person who is not a staffmember.

(5) The Prime Minister may, on the recommendationof the Commission, but subject to the provisions of section14 and subsections (2) and (3) of this section, approve theemployment of any person or staff member -

(a) in any post on the establishment which is vacantor has been regraded or converted and which hasnot been permanently filled;

(b) additional to the establishment;

(c) in any post with a lower or higher salary or scaleof salary or grade than the salary or scale of salaryor grade attached to the post held by him or herand of which the incumbent is absent or ill;

(d) when such employment is necessary to providepersonnel for the performance of any class ofwork for which personnel is not ordinarily em-ployed on a permanent basis; or

(e) when such employment is for any other reasonnecessary to temporarily increase the personnel ofany office, ministry or agency.

(6) If it is necessary for achieving a balancedstructuring of the Public Service, any person or staffmember may, notwithstanding anything to the contrarycontained in this section, but subject to the provisions ofsection 5( I), be appointed or promoted to or in any post inthe Public Service.

19. The appointment of any person to, or thepromotion or transfer of any staff member in or to, thepost -

(a) of permanent secretary or of Secretary to thePresident shall, subject to the provisions ofsection 5( I), be made from a list of candidatessubmitted to the Prime Minister by the Secretaryto the Cabinet;

22

Act No. 13, 1995

Appointments on specialconditions.

Appointments in actingcapacities.



No. 1121

(b) of Secretary to the Cabinet shall, subject to theprovisions of Article 43( 1) of the NamibianConstitution, be made from a list of candidatessubmitted to the President by the Prime Minister.

20. Subject to the provisions of section 5(1), anyperson employed elsewhere than in the Public Service maybe appointed as a staff member on such special conditionsas may be approved by the Prime Minister on therecommendation of the Commission, having regard to theseniority of such person, his or her accumulated vacationor sick leave and his or her employment benefits andobligations: Provided that prior approval has beenobtained from the Treasury for the expenditure incurredby such appointment.

21. (1) (a) Any staff member may, if it is in theinterest of the Public Service, be appointed onsuch general conditions as may be determined bythe Prime Minister in an acting capacity to anyvacant post in any office, ministry or agency withretention of the rank, salary and scale of salaryapplicable to him or her.

(b) If a higher salary or scale of salary than the salaryor scale of salary applicable to the staff member isattached to the vacant post to which such actingappointment is made, such acting allowance asmay be determined by the Prime Minister interms of section 13(1) shall be paid to the staffmember: Provided that if the staff member hasbeen acting under the circumstances con-templated in subsection (4)(b) or (c) for a periodof at least three calendar months, the said actingallowance shall be paid to him or her with effectfrom the date on which he or she had beenappointed in an acting capacity.

(2) The period of an acting appointment contem-plated in subsection (1) shall not exceed six calendarmonths, whereafter such acting appointment may beextended for a period or successive periods not exceedingthree calendar months, but shall not exceed in theaggregate 12 calendar months.

(3) Notwithstanding the provisions of section 5(1),but subject to such general conditions as may be deter-mined by the Prime Minister in terms of subsection (I) of

No. 1121Act No. 13, 1995

Appointments. promo-tions and transfers onprobation.



this section, the appointment of any staff member in anacting capacity to a vacant post in the office, ministry oragency in which he or she is employed, may -

(a) in the case of any staff member other than a staffmember mentioned in paragraphs (b) and (c), beapproved by the permanent secretary concerned;

(b) in the case of any permanent secretary, beapproved by the Secretary to the Cabinet inconsultation with the Prime Minister;

(c) in the case of the Secretary to the Cabinet or theSecretary to the President, be approved by thePrime Minister in consultation with the Pre-sident.

(4) In this section "vacant post" means-

(a) a post which is not filled;

(b) a post of which the incumbent is on leave for aperiod of at least three calendar months; or

(c) a post of which the incumbent has been assignedother functions or has been seconded for a periodof at least three calendar months.

22. (I) Except where the Prime Minister, on therecommendation of the Commission, otherwise approves,the appointment, promotion or transfer of every person orstaff member shall be on probation.

(2) The period of probation contemplated in sub-section (I) shall not be less than 12 calendar months orthan such lesser period as may be approved by the PrimeMinister on the recommendation of the Commission:Provided that if a staff member serving on probation ispromoted in an exceptional case or transferred to anyother post, a lesser period of service on probation in thenew post may be approved by the Prime Minister on therecommendation of the Commission, which period,together with the period of probation served in the::previous post, shall amount to not less than 12 calendarmonths or than such first-mentioned lesser period:Provided further that the probationary period of a staffmember shall be extended by the number of days' leavetaken by him or her during the period of probation or anyextension thereof.

Act No. U, 1995

uovernment Liazette / August 11J1J5 No. 1121


(3) (a) If the permanent secretary of the office,ministry or agency in which a staff member isemployed on probation certifies that during theperiod of probation or extended period of pro-bation the staff member concerned has beendiligent and his or her conduct has been consis-tently satisfactory and that he or she is suitable forthe post held by him or her, the Prime Minister orthe staff member to whom the Prime Minister hasdelegated the power conferred upon him or herunder section 5(I), in so far as it relates toappointments, promotions or transfers, shall, ifthe staff member has complied with all theconditions for his or her appointment, promotionor transfer, confirm the appointment, promotionor transfer of the staff member.

(b) If the appointment, promotion or transfer onprobation is not confirmed as contemplated inparagraph (a), the permanent secretary con-cerned shall report the reasons for the non-confirmation to the Commission which may,subject to the provisions of subsection (5), makesuch recommendations to that permanent sec-retary in connection with the matter as it maydeem fit, including a recommendation, forapproval by the Prime Minister or the staffmember to whom the Prime Minister hasdelegated the power conferred upon him or herunder section 5(1), in so far as it relates toappointments, promotions or transfers, that theperiod of probation be extended.

(4) Notwithstanding anything to the contrarycontained in subsection (2) or in Part II I, but subject to theprovisions of section 5(1)and subsection (5) of this section,any staff member serving on probation may be dischargedfrom the Public Service, either during or at or after theexpiry of the period of probation -

(a) by giving him or her one month's notice; or

(b) ifhis or her conduct is unsatisfactory, without anyprior notice, but by paying him or her onemonth's salary in lieu of such notice.

No. 1121Act No. 13, 1995

Transfer and sCL:ondmcnlof staff mCIll hers.


25

(5) With the approval of the Prime Minister, grantedon the recommendation of the Commission, and not-withstanding anything to the contrary contained in sec-tion 14 or 24 or in subsection (3) or (4) ofthis section, anyperson who immediately prior to his or her -

(a) appointment on probation was not a staffmember, may, if his or her appointment onprobation is not confirmed, be transferred to anysuitable post on the establishment, either with anequivalent or a lower salary or scale of salary orgrade, or be employed additional to the estab-lishment, either with an equivalent or a lowersalary or scale of salary or grade and with anappropriate rank;

(b) promotion or transfer on probation was a staffmember, not being on probation, shall, if his orher promotion or transfer on probation is notconfirmed, revert to the post or employmentpreviously held by him or her, or to any other postor employment of an equivalent grade, and to thesalary and scale of salary he or she would haveattained in his or her previous post or em-ployment and the equivalent benefits applicableto such previous post or employment, or beemployed additional to the establishment on asuitable grade with an appropriate rank, salaryand scale of salary.

(6) For the purposes of the application of subsections(I) to (5), inclusive, to a staff member who holds the officeof permanent secretary or of Secretary to the Cabinet or ofSecretary to the President, any reference in those sub-sections to the permanent secretary shall be construed as areference to the Prime Minister.

23. (I) Any staff member may, subject to the pro-visions of section 5( I), when the interest of the PublicService so requires, be transferred, with or withoutretention of rank, from the post or employment held byhim or her to any other post or employment in the same orany other office, ministry or agency, whether or not such,other post or employment is of a lower or higher grade, orwhether such post or employment is in or outside theRepublic of Namibia: Provided that -

LO

Act No. 13, 1995

uuvt:rnmenl uazeue I August l~~) No. Il2l


(a) subject to the provisions of section 22(5), a staffmember shall not upon such transfer suffer anyreduction in his or her salary or scale of salarywithout his or her consent;

(b) a staff member who has been transferred to oremployed in any post of a lower or higher gradethan the grade applicable to him or her withoutany change in his or her salary and scale of salaryshall, as soon as a suitable vacancy occurs, betransferred to a post to which his or her salary,scale of salary and grade will be appropriate:Provided further that, if such transfer is on therequest of the staff member, his or her salary,scale of salary and grade shall only be retained ona personal to holder basis if approved by thePrime Minister on the recommendation of theCommission;

(c) subject to the provisions of section 21, a staffmember who has been transferred to or employedin a post of a higher grade than the post held byhim or her or which is regraded or converted to apost ora higher grade than the post held by him orher, shall not merely on account of such transferor employment be entitled to the higher salaryand scale of salary applicable to that post.

(2) (a) Notwithstanding the provisions of section5(I), any staff member may be transferred from thepost or employment held by him or her to anyother post or employment bearing the same de-signation in the same or any other office, minis-try or agency -

(i) in the case of any staff member other than astaff member mentioned in subparagraphs(ii) and (iii), by the permanent secretary orpermanent secretaries concerned;

(ii) in the case of any permanent secretary, by thePrime Minister after consultation with theMinister or Ministers concerned;

(iii) in the case of the Secretary to the Cabinet orthe Secretary to the President, by thePresident.

No. 1121Act No. 13, 1995



(b) For the purposes of paragraph (a) it shall bedeemed that permanent secretaries hold the samedesignation and that the Secretary to the Cabinetand the Secretary to the President hold the samedesignation.

(3) Any person outside the Public Service may withthe approval of the Prime Minister, granted on therecommendation of the Commission, be employed by anyoffice, ministry or agency, either for any particular serviceor for any period, on such conditions as may be approvedby the Prime Minister on the recommendation of theCommission: Provided that prior approval has beenobtained from the Treasury for the expenditure incurredby such employment.

(4) (a) Any staff member may with his or her consentand on the recommendation of the Commissionand on such conditions, in addition to thoseprescribed by or under any law, as may beapproved by the Prime Minister on the re-commendation of the Commission, be secondedby the Prime Minister, either for any particularservice or for any period, to the service of anyother office, ministry or agency or any govern-ment, board, institution or body established by orunder any law or any other body: Provided thatprior approval has been obtained from theTreasury for expenditure incurred by such second-ment.

(b) Any staff member shall while so seconded, remainsubject to the provisions of this Act, whether ornot the secondment is to a place of employmentoutside the Public Service.

(5) Any remuneration, allowance, award, bonus orhonorarium payable in respect of the services of any staffmember seconded under subsection (4) to a place ofemployment outside the Public Service shall, if notapproved by the Prime Minister on the recommendationof the Commission, be paid into revenue: Provided thatthe Prime Minister may, on the recommendation of theCommission, approve that the staff member may retainthe whole or any part of such remuneration, allowance,award, bonus or honorarium.

2~

Act No. 13,1995

Retirement and dischargeof staff members.

Government Gazette 7 August 1995 No. 1121PUBLIC SERVICE ACT, 1995

24. (1) Subject to the provisions of subsections (2)and (3), any staff member shall retire from the PublicService on attaining the age of 60 years and shall be soretired on reaching the said age.

(2) If it is in the interest of the Public Service to retainany staff member in employment in the post held by him orher or additional to the establishment beyond the age atwhich he or she shall in terms of subsection (I) be retired,he or she may with his or her consent and with the approvalof the Prime Minister, granted on the recommendation ofthe Commission, be so retained from time to time for anyfurther period expiring not later than the last day of themonth in which he or she attains the age of 67 years.

(3) (a) Notwithstanding any other reason for retire-ment contained in this Act, any staff member maywith the approval of the Prime Minister, grantedon the recommendation of the Commission, beretired from the Public Service on attaining theage of 55 years.

(b) Any staff member may with the approval of thePrime Minister, granted, subject to the provisionsof paragraph (c), on the request of the staffmember and on the recommendation of theCommission, retire from the Public Service onattaining the age of 55 years.

(c) An approval referred to in paragraph (b) shall notbe granted by the Prime Minister unless he or sheis satisfied that -

(i) sufficient reason exists for such retirement;and

(ii) the retirement will not be to the disadvantageof the Public Service.

(4) Subject to the provisions of section 5( I), any staffmember may be discharged from the Public Service -

(a) on account of continued ill-health;

(b) by reason of the abolition of the post held by himor her or of any reduction or reorganisation orreadjustment of any office, ministry or agency orany organisational component thereof;

No. 1121Act No. 13, 1995



(c) if, for reasons other than his or her own unfitnessor incapacity, his or her discharge will promoteefficiency or economy in the office, ministry oragency in which he or she is employed;

(d) on account of unfitness fof' his or her duties orincapacity to carry them out efficiently;

(e) on account of misconduct;

(f) on account of inefficiency;

(g) if, in the case of a staff member appointed onprobation, his or her appointment is notconfirmed;

(h) if the President or the Cabinet appoints him orher in terms of a provision of any other law to anyoffice to which the provisions of this Act do notapply.

(5) (a) Any staff member who, without permissionof the permanent secretary of the office, ministryor agency in which he or she is employed -(i) absents himself or herself from his or her

office or official duties for any periodexceeding 30 days; or

(ii) absents himself or herself from his or heroffice or official duties and assumes duty inany other employment,

shall be deemed to have been discharged from thePublic Service on account of misconduct witheffect from the date immediately succeeding his orher last day of attendance at his or her place ofemployment.

(b) The Prime Minister may, on the recommendationof the Commission, and notwithstandinganything to the contrary contained in any law,reinstate any staff member so deemed to havebeen discharged in the Public Service in the postor employment previously held by him or her, orin any other post or employment on such con-ditions as may be approved by the Prime Minister

Act No. 13, 1995

Definition of misconduct.

- --0--- -- --


on the recommendation of the Commission, butwith a salary or scale of salary or grade not higherthan the salary or scale of salary or gradepreviously applicable to him or her, and in such acase the period of his or her absence from his orher office or official duties shall be deemed tohave been absence on vacation leave without payor leave on such other conditions as may beapproved by the Prime Minister on the re-commendation of the Commission.

PART III

MISCONDUCT

25. (I) Any staff member shall be guilty of mis-conduct if he or she -

(a) contravenes or fails to comply with any provisionof this Act;

(b) performs or causes or permits to be performed, orconnives at, any act prejudicial to the adminis-tration, discipline or efficiency of any office,ministry or agency or any organisational com-ponent thereof;

(c) disobeys, disregards or makes wilful default incarrying out any lawful order given to him or herby any person authorised to do so, or by word orconduct shows insubordination;

(d) is negligent or indolent in the performance of hisor her duties;

(e) operates or undertakes, without the approval ofthe Prime Minister, any private agency or privatework in regard to any matter directly or indirectlyrelated to the performance of his or her officialfunctions or any matter directly or indirectlyrelated to the field of operations of the office,ministry or agency in which he or she is employedor fails to declare that any member of his or herhousehold operates or undertakes any suchprivate agency or private work;

No. 1121

Act No. 13, 1995


31

(f) uses his or her position in the Public Service orutilises any property of the State to promote orprejudice the interests of any political party;

(g) uses his or her position in the Public Service orutilises any property of the State to promote orprejudice the interests of any private business orprivate agency, except in the performance of hisor her official duties;

(h) conducts himself or herself in a disgraceful,improper or unbecoming manner causing em-barrassment to the Government or to the PublicService or, while on duty, is grossly discourteousto any person;

(i) uses intoxicating liquor excessively or usesstupefying drugs without a prescription of amedical practitioner resulting in his or herincapacity to perform his or her duties efficiently;

(j) uses or is under the influence of intoxicatingliquor or stupefying drugs during the prescribedofficial hours of attendance without a prescrip-tion of a medical practitioner;

(k) without first having obtained the permission ofthe permanent secretary concerned, disclosesotherwise than in the performance of his or herofficial duties any information gained by orconveyed to him or her by virtue of his or heremployment in the Public Service, or uses suchinformation for any purpose other than the per-formance of his or her official duties, whether ornot he or she discloses such information;

(I) accepts or demands in respect of the performanceof or the failure to perform his or her duties anycommission, fee or reward, pecuniary or other-wise, to which he or she is not entitled by virtue ofhis or her office, or fails to report forthwith to thepermanent secretary concerned the offer of anysuch commission, fee or reward;

Act No. 13, 1995

Misconduct and suspen-sion of staff members.


(m) misappropriates or improperly uses any propertyof the State without committing a criminaloffence;

(n) commits a criminal offence relating to theperformance of his or her official duties or to theadministration of any office, ministry or agency;

(0) absents himself or herself from his or her office orofficial duties without leave or valid cause;

(p) with a view to obtain any privilege or advantagein relation to his or her official position or his orher duties, or to cause prejudice or injury to theGovernment or any office, ministry or agency orany member of the Public Service, makes a falseor incorrect statement, knowing it to be false orincorrect;

(q) contravenes or fails to comply with any provisionrelating to his or her employment or conditions ofservice, or contravenes or fails to comply with anyprovision of a prescribed code of conduct.

(2) For the purposes of the application of subsection(1) to a staff member who holds the office -

(a) of permanent secretary, any reference in thatsubsection to the permanent secretary shall beconstrued as a reference to the Secretary to theCabinet;

(b) of Secretary to the Cabinet or of Secretary to thePresident, any reference in that subsection to thepermanent secretary shall be construed as areference to the Prime Minister.

26. (I) If a permanent secretary has reason to believethat any staff member in his or her office, ministry oragency is guilty of misconduct, he or she may charge thestaff member in writing under his or her hand withmisconduct.

(2) (a) The permanent secretary concerned may, onthe recommendation of the Commission, suspendany staff member at any time before or after he orshe is charged under this section, if the permanent

No. 1121Act No. 13, 1995


33

secretary has reason to believe that the staffmember is guilty of misconduct: Provided thatthe staff member shall be suspended only wherethe nature of the misconduct dictates that the staffmember be removed from his or her place of dutyor if the possibility exists that the staff membermay interfere or tamper with witnesses or evi-dence.

(b) Any staff member suspended in terms of para-graph (a) shall not be entitled to any remune-ration for the period of his or her suspension,except to such an extent as may be approved bythe Prime Minister on the recommendation of theCommission: Provided that the staff membermay, within seven days after his or hersuspension, appeal in writing to the PrimeMinister against his or her non-entitlement to anyremuneration or any part thereof.

(c) Any staff member who has been suspended shallforthwith be permitted by the permanent secre-tary concerned to reassume duty and shall be paidhis or her full remuneration for the period of hisor her suspension -

(i) if no charge is brought against him or herunder this section within 14 days after his orher suspension;

(ii) if he or she is found not guilty on the chargebrought against him or her;

(iii) if his or her appeal is allowed against thefinding that he or she is guilty on the chargebrought ag~inst him or her;

(iv) if he or she iscontemplated in(iii) or (iv).

dealt with in a mannersubsection (12)(a)(i), (ii),

(d) The suspension of any staff member may at anytime be abrogated -(i) by the permanent secretary who has sus-

pended the staff member under subsection(2)(a), if in his or her opinion all the reasonsfor the suspension have lapsed; or

Act No. 13, 1995 PUBLIC SERVICE ACT, 1995

(ii) "bythe Prime Minister -

(aa) if in his or her opinion no valid causeexists for the suspension; or

(bb) if the Commission has recommended tothe Prime Minister the abrogationthereof,

but the abrogation of the suspension shall notaffect any proceedings in connection with thecharge of misconduct.

(3) (a) The permanent secretary who has signed thecharge shall cause the charge to be served on thestaff member charged, together with any state-ment of particulars of the alleged misconduct.

(b) The charge shall contain or be accompanied by adirection calling upon the staff member chargedto transmit or deliver, within 14 days from thedate of the charge, to a person mentioned in thedirection a written admission or denial of thecharge and, if he or she so desires, a writtenexplanation of the misconduct with which he orshe is charged.

(4) If the staff member charged admits the charge orfails to comply with the direction referred to in subsection(3)(b), he or she shall be deemed to have been found guiltyin terms of this section of misconduct as charged -

(a) in the case of an admission of the cnarge, on thedate of admitting the charge and not to havenoted an appeal against the finding;

(b) in the case of a failure to comply with thedirection referred to in subsection (3)(b), on thedate ofthe expiry ofthe period mentioned in thatsubsection.

(5) If the staff member charged denies the charge, thepermanent secretary concerned shall,. within seven days'from the date of receipt of the written denial, establish adisciplinary committee consisting of -

No. 1121

Act No. 13, 1995


35

(a) a member of the management cadre of the office,ministry or agency in which the staff membercharged is employed, who shall be the chair-person; and

(b) the head of the organisational componentresponsible for personnel administration or his orher representative; and

(c) any other staff member who in the opinion of thepermanent secretary concerned possesses expert-ise of the subject on which the charge ofmisconduct is based, but who shall not be thehead of the organisational component in whichthe staff member charged is employed or thesupervisor of that staff member; and

(d) if the staff member charged so desires, a repre-sentative of a recognised trade union, who shallserve on the disciplinary committee merely as anobserver without partaking in any proceedingsthereof,

to inquire into the charge.

(6) The chairperson shall, in consultation with theother members of the disciplinary committee, fix the timeand place of the inquiry and shall give the staff membercharged reasonable notice in writing of the said time andplace: Provided that such inquiry shall be conductedwithin 21 days after the establishment of the disciplinarycommittee.

/

(7) The chairperson may authorise any staff member,except a person referred to in subsection (5)(d), to adduceevidence and arguments in support of the charge and tocross-examine any person who has given evidence inrebuttal of the charge.

(8) (a) At the inquiry the staff member charged shallhave the right to be present and to be heard, eitherpersonally or through a representative, to cross-examine any person called as a witness in supportof the charge, to examine any documentsproduced in evidence, to give evidence himself orherself and to call other persons as witnesses.

Act No. 13, 1995 PUBLIC SERVICE ACT, 1995

(b) The chairperson shall keep or cause to be kept byany staff member designated by him or her arecord of the proceedings at the inquiry and of allevidence given.

(c) The failure of the staff member charged to bepresent at the inquiry shall not invalidate theproceedings.

(9) The acquittal or the conviction of any staffmember by a court of law on a charge of any offence shallnot be a bar to proceedings against him or her in terms ofthis Act on a charge of misconduct, notwithstanding thefact that the facts set forth in the charge of misconductwould, if proved, constitute the offence set forth in thecharge on which he or she was so acquitted or convicted orany other offence on which he or she might have beenconvicted on his or her trial on the said first-mentionedcharge.

(10) If the misconduct with which a staff member ischarged, constitutes an offence of which he or she has beenconvicted by a court of law, a certified copy of the record ofhis or her trial and conviction by that court shall, upon theidentification of the staff member as the person referred toin the record, be conclusive proof -

(a) of the commission by him or her of that offence;

(b) to the disciplinary committee that he or she isguilty of misconduct on account of the com-mission of that offence,

unless the conviction has been set aside by a superior court.

(II) At the conclusion of the inquiry the disciplinarycommittee shall find whether the staff member charged isguilty or not guilty ofthe misconduct with which he or shehas been charged and shall inform him or her of thefinding.

(12) (a) If the disciplinary committee finds the staff,member charged guilty of the misconduct withwhich he or she has been charged, the chairpersonshall forthwith submit to the Commission and thepermanent secretary concerned a copy of the

No. 1121

Act No. 13, 1995


37

record of the proceedings at the inquiry, includingdocumentary evidence adduced at the inquiry,together with a written statement of the disci-plinary committee's finding and its reasonstherefor and its recommendation that-

(i) the stall member chLu'ged be cautioned orreprimanded: or

(ii) a fine not e.\ceeding N$2000 be imposedupon him or her: or

(iii) he or she be transferred to any other post orthat he or she be retained in employmentadditional to the establishment; or

(iv) his or her salary or scale of salary or rank bereduced or decreased, or both, to such anextent as may be recommended; or

(v) he or she be discharged or be called upon toresign from the Public Service.

(b) Except where the disciplinary committee makes arecommendation in terms of subparagraph (v) ofparagraph (a), it may make a recommendation interms of more than one of the other subpara-graphs of that paragraph.

(13) The permanent secretary concerned shall, at therequest of the staff member charged made within sevendays from the date on which he or she has been informed ofthe finding of the disciplinary committee, furnish that staffmember with a copy of the record, statement, reasons andrecommendation referred to in subsection (12).

(14) (a) The staffmember charged may, within 14days from the date of receipt by him or her of therecord, statement, reasons and recommendationreferred to in subsection (13), appeal in writing tothe Prime Minister against the finding of thedisciplinary committee stating fully the groundsof appeal.

(b) The appeal -

(i) shall be accompanied by the record, state-ment, reasons and recommendation referredto in subsection (13);

38

Act No. 13, 1995


No. 1121

(ii) may be accompanied by written represen-tations made by that staff member in supportof the appeal.

(c) Upon receipt of the appeal the Prime Ministershall cause a copy thereof to be transmitted to theCommission.

(IS) (a) After consideration of all the documentssubmitted to him or her, the Prime Minister may,subject to the provisions of paragraph (b) -

(i) allow the appeal in whole or in part and varyor set aside the finding;

(ii) dismiss the appeal and confirm the finding inwhole or in part;

(iii) refer any matter in connection with theinquiry to the permanent secretary con-cerned, who shall thereupon remit the saidmatter to the disciplinary committee anddirect it to report thereon or to hold a furtherinquiry and to make a finding and recom-mendation thereon; or

(iv) inform the permanent secretary concernedthat a staff member or staff members in thePrime Minister's office will inquire into thematter.

(b) Before arriving at a final decision on the appeal,the Prime Minister shall obtain the advice of theCommission.

(c) For the purposes of a remittal or an inquiryreferred to in paragraphs (a)(iii) and (a)(iv),respectively, the provisions of subsections (6), (7),(8), (II) and (12) shall apply mutatis mutandis.

(16) If the Prime Minister has arrived at a finaldecision on the appeal, he or she shall convey that decisionto the appellant and to the Commission and the permanentsecretary concerned.

(17) If thestaff member charged is deemed to havebeen found guilty or has been found guilty of misconductin terms of subsection (4) or ( II), respectively, and has not

No. 1121

Act Nil. n, 1995


39

appealed agaInst the finding within the period mentionedin subsection (14)(a), or has appealed against the findingand the appeal has been dismissed in whole or in partunder subsection (15) -

(a) the permanent secretary concerned may approvethe recommendation made by the disciplinarycommittee in terms of subsection (l2)(a)(i) or (ii),or, if the staff member charged is deemed to havebeen found guilty, take any action which he or shecould have taken if the disciplinary committeehad recommended it in terms of that subsection;

(b) the Prime Minister may, on the recommendationof the Commission, approve the recommendationmade by the disciplinary committee in terms ofsubsection (12)(a)(iii), (iv) or (v), or, if the staffmember charged is deemed to have been foundguilty, take any action, on the recommendation ofthe Commission, which he or she could havetaken if the disciplinary committee had re-commended it in terms of that subsection.

(18) If in terms of subsection (17)-

(a) a fine is imposed upon that staff member, thefinemay be recovered by deducting it from his or herremuneration in such instalments as the Treasurylhay determine;

(b) that staff member is transferred to any other postor retained in employment -additional to theestablishment, he or she shall assume duty in thatpost or employment with effect from a date fixedby the Prime Minister;

(c) the salary or scale of salary or rank of that staffmember is reduced or decreased, he or she' shallassume duty at the reduced salary or scale ofsalary or in a lower rank and an appropriategrade, or both at the reduced salary or scale ofsalary and in a lower rank and an appropriategrade, with effect from a date fixed by the PrimeMinister;

(d) that staff member is discharged from the PublicService, the discharge shall take effect on a datefixed by the Prime Minister;

40

Act No. 13, 1995



(e) that staff member who has been called upon toresign from the Public Service' with effect from adate fixed by the Prime Minister, fails so toresign, he or she shall be deemed to have beendischarged from the Public Service on account ofmisconduct with effect from that date.

(19) Any staff member who, while suspended undersubsection (2)(a) or while a charge brought against him orher under this section has not been finally dealt with inaccordance with the provisions of this section, resignsfrom the Public Service or assumes duty in otheremployment, shall be deemed to have been discharged onaccount of misconduct with effect from the date on whichhe or she resigned or assumed duty in other employment.

Misconduct and suspen-sion of permanent secre-taries.

27. (1) If the Secretary to the Cabinet has reason tobelieve that any permanent secretary is guilty of mis-conduct he or she may, in consultation with the PrimeMinister and the Minister of the permanent secretaryconcerned, charge the permanent secretary in writingunder his or her hand with misconduct.

(2) The Secretary to the Cabinet may, on the recom-mendation of the Commission, suspend any permanentsecretary at any time before or after he or she is chargedunder this section, if the Secretary to the Cabinet hasreason to believe that the permanent secretary is guilty ofmiscond uct.

(3) The provisions of subsection (2) of section 26 shallapply mutatis mutandis to a suspension contemplated insubsection (2) of this section, and for that purpose anyreference in the first-mentioned subsection to the per-manent secretary shall be construed as a reference to theSecretary to the Cabinet.

(4) The Secretary to the Cabinet, in consultation withthe Prime Minister and the Minister of the permanentsecretary concerned, shall establish a disciplinarycommittee, consisting of himself or herself, as chairperson,and any other two persons or staff members, to inquireinto the charge of misconduct.

(5) The provisions of subsections (3), (6) to (12),inclusive, (17), (18) and (19) of section 26 shall applymutatis mUTandis to an inquiry contemplated in sub-section (4) of this section, and for that purpose any

No. 1121Act No. 13, 1995

Misconduct of Secretaryto the Cabinet and Sec-retary to the President.



reference in subsections (3), (6), (7), (8), (9), (10), (11), (18)and (19) of the first-mentioned section to the permanentsecretary shall be construed as a reference to the Secretaryto the Cabinet and any reference in subsections (12) and(17) of the first-mentioned section to the permanentsecretary shall be construed as a reference to the PrimeMinister.

28. (1) If the Prime Minister has reason to believethat a staff member who holds the office of Secretary to theCabinet or of Secretary to the President is guilty ofmisconduct, he or she may, in consultation with thePresident, charge such staff member in writing under his orher hand with misconduct.

(2) The staff member charged shall have the right toadduce evidence to the Prime Minister in rebuttal of thecharge within such period as may be determined by thePrime Minister.

(3) (a) If the Prime Minister finds the staff membercharged guilty of the misconduct with which he orshe has been charged, the Prime Minister shallforthwith recommend to the President that -

(i) the staff member charged be cautioned orreprimanded; or

(ii) a fine not exceeding N$2 000 be imposedupon him or her; or

(iii) he or she be transferred to any other post orthat he or she be retained in employmentadditional to the establishment; or

(iv) his or her salary or scale of salary or rank bereduced or decreased to such an extent asmay be recommended; or

(v) he or she be discharged or be called upon toresign from the Public Service.

(b) Except where the Prime Minister makes a re-commendation in terms of subparagraph (v) ofparagraph (a), he or she may make a recom-mendation in terms of more than one of theother subparagraphs of that paragraph.

42

Act No. 13, 1995



No. 1121

(4) The President may, on the recommendation ofthe Commission, approve the recommendation made bythe Prime Minister in terms of subsection (3).

(5) ror the purposes of subsection (4), the provisionsof suhsection (18) of section 26 shall apply mutatis11111wndis.

Manner in which noticesmay he gi\'en or certaindocuments may be served.

29. Where it is for the purposes of this Part requiredthat -

(a) a person be advised or informed of any decisionor finding, he or she shall be advised or informedthereof in writing;

(b) a notice, statement or other document be given orfurnished or sent to or served upon any person orthat a decision, finding or any other matter beconveyed to any person in writing, the notice,statement, document or writing may be sent to theperson by registered post addressed to his or herlast known address or be delivered to him or herpersonally or be left at his or her last known placeof residence.

PART IV

GENERAL PROVISIONS

Political rights of staffmembers

30. (1) Subject to the provisions of section 25(1)(f)and subsection (2) of this section, a staff member may -

(a) be a member of a political party;

(b) attend, preside at or speak at a public politicalmeeting;

(c) draw up or publish any writing to promote theinterests of any political party;

(d) be an office-bearer of whatever designation of apolitical party:

Provided that no staff member shall, at any time while heor she is required to discharge his or her official duties in

No. 1121

Act Nu. 13, 1995


43

the Public Service, perform any act in the exercise of anypolitical right: Provided further that, to ensure the im-partiality of the Public Service, a staff member who holdsany post in the management cadre of the Public Servicemay not -

(i) preside at a public political meeting or draw up orpublish any writing or deliver a public speech ormake a public statement with the intention topromote or prejudice the interest of any politicalparty;

(ii) be an office-bearer of whatever designation of apolitical party.

(2) The Prime Minister may, on the recommendationof the Commission, by notice in the Gazette designate anycategory of posts not in the management cadre of thePublic Service, or any post of a particular nature fallingwithin such category, the holders of which shall, by virtueof the potential of such holders to influence policy formu-lation or of their fiduciary relationship with any personwho is in a position to influence policy formulation or ofany other reason relating to the object of ensuring theimpartiality of the Public Service, be subject to the limita-tions specified in subparagraphs (i) and (ii) of the secondproviso to subsection (I).

(3) (a) Notwithstanding anything to the contrarycontained in any law, but subject to the provi-sions of paragraph (b), a staff member eligible forcandidature as President or as a member of theNational Assembly referred to in Article 44 of theNamibianConstitution or of a regional council asdefined in section 1of the Regional Councils Act,1992 (Act 22 of 1992), may accept nomination ascandidate for election as President or as amember of the National Assembly or of a region-al council, as the case may be, but shall, if he orshe is elected as President or as any such member,be deemed to have resigned from the Public Ser-vice with effect from the date on which he or she isso elected.

44

Act No. 13, 1995



(b) A staff member referred to in paragraph (a) whohas been nominated as candidate for election asPresident or as a member of the National Assem-bly or of a regional council, as the case may be,shall be on vacation leave from the date of his orher nomination until the date on which suchelection takes place.

(c) A staff member who has been nominated as can-didate for election as a member of a local author-ity council as defined in section 1 of the LocalAuthorities Act, 1992(Act 23 of 1992), shall be onvacation leave from the date of his or her nomina-tion until the date on which such election takesplace and, notwithstanding anything to the con-trary contained in section 17, if he or she is electedas such member, the permission contemplated inthe said section shall be deemed to have beengranted.

(4) The provisions of subsections (1) and (2), in so faras they provide for a limitation on the fundamental rightscontemplated in Article 17(1) of the Namibian Constitu-tion to participate in peaceful political activities, areenacted upon the authority conferred by the said Article.

Assignment of otherfunctions to staff mem-bers.

31. (I) The permanent secretary of any office, min-istry or agency may with due regard to the exigencies of thePublic Service direct any staff member under his or hercontrol to perform, for such period as that permanentsecretary may determine, duties or work other than his orher ordinary duties or work or duties or work appropriateto the grade or designation of the post or rank held by himor her, and he or she shall comply with that direction.

(2) For the purposes of the application of subsection(1) to a staff member who holds the office -

(a) of permanent secretary, any reference in thatsubsection to the permanent secretary shall beconstrued as a reference to the Secretary to theCabinet;

(b) of Secretary to the Cabinet or of Secretary to thePresident, any reference in that subsection to thepermanent secretary shall be construed as areference to the Prime Minister.

No. 1121Act No. 13, 1995

Labour relations.

Limitation of legal pro-ceedings.

Regulations.



32. Where a matter is in terms of this Act to beapproved or recommended on by the Prime Minister orthe Commission, as the case may be, that matter shall notso be approved or recommended on unless it has been thesubject of the prescribed process of negotiation andcollective bargaining, except those matters relating to anyparticular person or staff member or those contemplatedin section 5(2)(a), (b), (c), (d), (f), (h), (k), (I), (m) and(n) and section 34 in so far as it relates to matters otherthan conditions of service.

33. (1) No legal proceedings of whatever nature shallbe brought in respect of anything done or omitted in termsof this Act unless such proceedings are brought within 12calendar months from the date on which the claimant hadknowledge or might reasonably have been expected tohave knowledge of that which is alleged to have been doneor omitted, whichever is the earlier date.

(2) No such legal proceedings shall be commencedbefore the expiry of 30 days after written notice ofintention to bring such proceedings, containing full par-ticulars as to that which is alleged to have been done oromitted, has been served on the defendant.

34. (I) The Prime Minister may, on the recom-mendation of the Commission, make regul~tions relatingto -

(a) the manner and conditions, including contracts ofemployment, for the appointment, promotionand transfer of staff members;

(b) the discipline, powers and duties, and hours ofattendance of staff members;

(c) conditions of service and entitlements, includingthe occupation of official quarters, of staffmembers and members of the services;

(d) the establishment and management of and con-trol over a medical aid scheme for the PublicService;

(e) the circumstances under which medical examina-tion shall be req uired for the purposes of this Act,and the form of medical reports and certificates soreq u ired;

46

Act No. 13, 1995

uovernn1t:nl uaJ'Xllt:


(1) the procedures to be observed in the process ofnegotiation and collective bargaining withrecognised trade unions;

(g) the procedures to be observed in investigating anddealing with grievances of staff members;

(h) the procedures to be observed in investigating anddealing with allegations of inefficiency of ormisconduct by staff members;

(i) a code of conduct with which staff members shallcomply;

(j) any matter which in terms of this Act is requiredor permitted to be prescribed;

(k) generally, any matter in respect of which thePrime Minister, on the recommendation of theCommission, considers it necessary or expedientto make regulations in order to achieve theobjects of this Act.

(2) Different regulations may be made in respect ofdifferent categories of staff members, or to suit thedifferent requirements of different offices, ministries oragencies or organisational components thereof, or ofdifferent kinds of employment in the Public Service.

(3) The regulations contemplated in subsection (I )(d)may also provide for membership of the medical aidscheme established thereunder for -

(a) any person appointed under section 3 of theWater Act, 1956 (Act 54 of 1956);

(b) members of the services;

(c) the surviving spouse of a person who was a staffmember or a member of the services or a personreferred to in paragraph (a) on the date of his orher death;

No. 1121

Act Nil. D, 1995

Public Service StaffRules.

Application of Act.

Transitional provisions.



(d) a person who was a staff member or a member ofthe services or a person referred to in paragraph(a) on the date immediately before the date onwhich he or she in terms of the Rules of theGovernment Institutions Pension Fund becameentitled to a pension;

(e) the surviving spouse of a person who was a personreferred to in paragraph (d) on the date of his orher death.

35. (I) Any-

(a) standing recommendation or advice of a generalnature made or given by the Commission; and

(b) directive by the Prime Minister to elucidate orsupplement any regulation,

and which is not contrary to this Act, may be included inrules called the Public Service Staff Rules.

(2) The provisions of section 34(2) shall applymutatis mutandis in respect of the Public Service StaffRules.

(3) The provisions of the Public Service Staff Rulesare binding upon any office, ministry or agency or any staffmember in so far as they apply to that office, ministry oragency or that staff member.

36. ThisuAct shall apply to or in respect of -

(a) all staff members, whether employed in or outsidethe Republic of Namibia; and

(b) all members of the services, but only to the extentprovided for in this Act.

37. (1) Anything done under the Public Service Act,1980 (Act 2 of 1980), and which could have been doneunder a provision ofthis Act, shall be deemed to have beendone under the corresponding provision of this Act.

(2) (a) The provisions of sections IO(A) and 14of thePublic Service Act, 1980, as they applied imme-diately before the commencement of this Act in

415

Act No. 13, 1995

Construction of certainreferences in other laws.

uovernment vazene I J-\.ul;;u:n 177..J l"lllV. J lL..l


relation to the term of office, extension of theterm of office and rights on retirement of a chiefexecutive officer, shall, in respect of an officerwho on the date immediately before the date ofcommencement of this Act occupied the office ofchief executive officer, continue to apply to suchofficer as if such officer has retained such officeand as if this Act had not come into operation:Provided that such officer shall be reclassified as astaff member and redesignated as a permanentsecretary in terms of this Act and that, at theexpiry of his or her term of office, such officershall be afforded the opportunity to elect whetherthe provisions of the said sections lO(A) and 14should further apply to him or her or whether theprovisions of this Act should be applicable to himor her.

(b) For the purposes of the application of paragraph(a) to a staff member who holds the office ofSecretary to the Cabinet or of Secretary to thePresident, it shall be deemed that any such staffmember occupied the office of chief executiveofficer.

(3) The provisions of section 24 of the RegionalCouncils Act, 1992 (Act 22 of 1992), as they appliedimmediately before the commencement of this Act, shallcontinue to apply as if this Act had not come intooperation.

38. Any reference in any other law -

(a) to a department shall be construed as a referenceto the corresponding office, ministry or agency, asthe case may be;

(b) to the head of a department or to a secretary of adepartment shall be construed as a reference tothe permanent secretary of the correspondingoffice, ministry or agency, as the case may be; and

(c) to the government service shall be construed as'areference to the Public Service.

Designation of Office Designation of PermanentSecretary

Office of the President Deputy Secretary to the PresidentOffice of the Prime Minister Deputy Secretary to the Cabinet

No. 1121Act No. 13,1995

Gov~rnment Gazette 7 August 1995PUBLIC SERVICE ACT, 1995

49

39. The laws mentioned in Schedule 4 are herebyamended to the extent indicated in the third columnthereof.

Amendment of la ~.

40. The laws mentioned in Schedult 5 are herebyrepealed to the extent indicated in the third columnthereof.

Repeal of law"

Short Ltlt and com-mencement.

41. This Act shall be called the Public Service Act,1995, and shall come into operation on a date to be fixedby the Prime Minister by notice in the Gazette.

SCHEDULE I

OFFICES AND PERMANENT SECRETARIES

SCHEDULE 2

MINISTRIES AND PERMANENT SECRETARIES

Designation of Ministry

Ministry of Agriculture, Waterand Rural Development

Ministry of Basic Education andCulture

Ministry of Defence

Ministry of Environment andTourism

Ministry of Finance

Ministry of Fisheries and Marine, Resources

Designation of PermanentSecretary

Permanent Secretary: Agriculture,Water and Rural Development

Permanent Secretary: Basic Educationand Culture

Permanent Secretary: Defence

Permanent Secretary: Environmentand Tourism

Permanent Secretary: Finance

Permanent Secretary: Fisheries andMarine ResourcesI

50 (,overnment Gazette

PUBLIC SERVICE ACT, 1995Act No. B. 11)1)5

Ministry of Foreign Affairs

Ministry of Health and SocialScryiccs

Ministry of Higher Fducation.Vocational Training. Science andTechnology

Ministry of Home Affairs

Ministry of Information andBroadcasting

Ministry of Justice

Ministry of Labour and HumanResources Development

Ministry of Lands, Resettlementand Rehabilitation

Ministry of Mines and Energy

Ministry of Prisons and Correc-tional Services

Ministry of Regional and LocalGovernment and Housing

Ministry of Trade and Industry

Ministry of Works, Transportand Communication

Ministry of Youth and Sport

7 August 1995 No. 1121

Permanent Secretary: Foreign Affairs

Permanent Secretary: Health andSocial Services

Permanent Secretary: Higher Edu-cation, Vocational Training, Scienceand Technology

Permanent Secretary: Home Affairs

Permanent Secretary: Informationand Broadcasting

Permanent Secretary: Justice

Permanent Secretary: Labour andHuman Resources Development

Permanent Secretary: Lands, Re-settlement and Rehabilitation

Permanent Secretary: Mines andEnergy

Permanent Secretary: Prisons andCorrectional Services

Permanent Secretary: Regional andLocal Government and Housing

Permanent Secretary: Trade andIndustry

Permanent Secretary: Works, Trans-port and Communication

Permanent Secretary: Youth andSport

Designation of Agency Designation of PermanentSecretary

Namibia Security Intelligence Director: Namibia Security Intelli-Agency gence Agency

National Planning Commission Permanent Secretary: NationalPlanning Commission

Office of the Attorney-General Permanent Secretary: Justice

Office of the Auditor-General Deputy Auditor-GeneralOffice of the Parliament Clerk: Parliament

No. 1121 Government Gazette 7 August 1995PUBUC SERVICE ACT, 1995

51Act NCI. B, 1995

SCH EDlJ LE J

!\GLNCILS !\ND PERMANENT SECRETARIES

SCHEDULE 4

AMENDMENT OF LAWS

No. and yearof law Short title Extent of amendment

Act 2 of 19,90 Public Service- Commission Act,

1990

1. The amendment of sec-tion I -

(a) by the deletion of thedefinitions of "emplo-yee", "officer" and"Government ServiceAct"; and

(b) by the insertion after thedefinition of "Commis-sion" of the followingdefinitions:

" 'Public Service Act'means the Public ServiceAct, 1994;

'staff member' means astaff member as definedin section 1(1) of thePublic Service Act,1994. ".

52

Act No. 13, 1995


No. 1121

2. The amendment of sec-tion 4 by the substitution insubparagraph (ii) of paragraph(b) of subsection (2) for theexpression "section 14(4)(a) ofthe Government Service Act" ofthe expression "section 24(3)(a)of the Public. Service Act".

3. The amendment of sec-tion 6 by the substitution inparagraph (b) of subsection (3)for the words "or the officer orofficers in the office of theCommission designated by theCommission" of the words "ort4e staff member or staff mem-bers designated".

4. The amendment of sec-tion 7 by the substitution forsubsection (6) of the followingsubsection:

"(6) Any person who holdsan inquiry in pursuance of adelegation under section 8(1)(a)or holds an inquiry in pursuanceof a designation [or an ap-pointment] under section 8(2) oftbi~ Act, [or section 15(1), 16(1)or 18(5) of the GovernmentSer:viceAct] ~ha.ll,for the purposeofthe inquiry, have all the powersconferred upon the Commissionby this section, and in theapplication of the provisions ofthis section to any such aninquiry, every reference therein tothe Commission shall be con-strued as including a reference tosuch person.".

5. The amendment of sec-tion 8 by the substitution for. subsections (1) and (2) of the, fo,ll,owing subsections:

"( 1) The Cqmmission may,. 'subject to the conditions de-'termined by it, delegate any

No. 1121Act No. 13,1995


53

power conferred upon it or anyfunction entrusted to it upder thisAct or the [Government ServiceAct] Public Service Act or anyother law, except the powersconferred upon it by this sub-section or section 6(3)(a) or 10(1)of this Act, or by section [6(2)(a),(g) or (i), 6(3)(b), 14(4), 5(a) to (e),both inclusive, or (6), J5, 16, 17,18(4) or (10) to (14), both in-clusive, 19 or 27 of the Govern-ment Service Act] 17(2), 18(1) or26(l5)(b) Qf the Public Ser-vice Act. under a general orspecial delegation to -

(a) one or more of its mem-b~rs; or

(b) [an officer] a staffmember or [officers]staff members.

(2) The Commission maydesignate one or more of itsmemb~rs or [an officer or offi-cers] may request that a staffmember .or staff members be pro-vided to conduct an inquiry intoany matter in respect of which interms of this Act or the [Govern-ment Service Act] Public ServiceAct or any other law it may makearecommendation or give [a di-rection] advice, and it may at anytime withdraw or amend such de-signation or request ".

6. The deletion of section 9.

7. The amendment of sec-tion I0 by the substitution in sub-section (I) for the date "31 De-cember" of the date "31 March".

8. The amendment of thePuplic Service Commission Act,1990 -

(a) by the substitution forthe expressions "emplo-yee" and "officer" wher-

Act No. 13, 1995



No. 112154

ever they occur of theexpression "staff mem-ber"; and

(b) by the substitution forthe expression "Govern-ment Service Act" wher-ever it occurs of the ex-pression "Public ServiceAct ".

Act 3 I of 1991 State FinanceAct, 1991

I. The amendment of sec-tion I -

(a) by the insertion in sub-section (I) after the defi-nition of "accountingofficer" of the followingdefinition:

" 'agency' means anagency as defined in sec-tion I(I) of the PublicService Act, 1994;";

(b) by the deletion in sub-section (I) of the defini-tion of "chief executiveofficer";

(c) by the substitution insubsection (I) for thedefinition of "ministry"of the following def-inition:

"'ministry' means a min-istry as defined in sec-tion I(I) of the PublicService Act, 1994;";

(d) by the insertion in sub-section (I) after the defi-nition of "municipality"of the following defini-tion:

" 'office' means an officeas defined in section 1(1)of the Public ServiceAct, 1994;";

No. 1121Act Nil. 13, 1995


55

(e) by the substitution insubsection (I) for thedefinition of "Perma-nent Secretary" of thefollowing definition:

" 'permanent secretary'means a permanent sec-retary as defined in sec-tion I(I) of the PublicService Act, 1994;";

(f) by the deletion in sub-section (I) of the defi-nition of "public office";and

(g) by the substitution insubsection (I) in para-graph (e) of the defini-tion of "revenue" for theexpression "PermanentSecretary" of the expres-sion "Permanent Secre-tary: Finance".

2. The amendment of sec-tion 8 by the substitution in sub-section (I) for the words preced-ing paragraph (a) of the follow-ing words:

"Unless the Treasury determinesotherwise, the [chief executiveofficer] permanent secretary of [aministry and of a public office] ~office, of a ministry and of anagency shall, subject to the pro-visions of subsection (4), be theaccounting officer for the vote orvotes of that [ministry or publicoffice] office, ministry or agency,and he or she shall -".

3. The amendment of sec-tion 14 by the substitution for thewords "ministries, public officesand statutory institutions" of thewords "offices, ministries, agen-cies and statutory institutions".

No. and year Short title Extent of repealof law

Act 2 of 1980 Public Service Act, 1980 The whole

Proclamation Amendment of Schedule to Gov- The wholeAG. 18 of 1980 ernment Service Act, 1980


Act No. 13, 1995


No. 112156

4. The amendment of sec-tion 15 by the substitution in sub-section (1) for the words "a minis-try, public office or statutorynstitution" of the words "anyoffice, ministry, agency or statu-tory institution".

5. The amendment of sec-tions 2(3), 4, 10(1), 12, 13, 16(5),23(2), 24(1)(h)(ii) and (i), 29(3),(4)(b) and (5), 30(1) and (2), 31,33 and 37(2)(a), (3) and (5) by thesubstitution for the expression"Permanent Secretary" whereverit occurs of the expression "Per-manent Secretary: Finance".

6. The amendment of theState Finance Act, 1991 -

(a) by the substitution forthe words "ministry orpublic office" whereverthey occur of the words"office, ministry oragency"; and

(b) by the substitution forthe expression "chiefexecutive officer" wher-ever it occurs of theexpression "permanentsecretary".

SCHEDULE 5

LAWS REPEALED



Proclamation Amendment of S, '1eduleto Gov- The wholeAG. 68 of 1980 ernment Service Act, 1980

Proclamation Government Service Amendment The wholeAG.I00f1981 Proclamation, 1981


Act 13 of 1982 Medical Aid Scheme for the Gov- Section 3ernment Service Extension Act,1982

Act 23 of 1982 Government Service Amendment The wholeAct, 1982


Proclamation Amendment of the Government The wholeAG. 39 of 1984 Service Act, 1980, and provision

for matters connected therewith






Proclamation Amendment of Schedule to Pub- The wholeAG. 5 of 1990 lic Service Act, 1980

Act 24 of 1990 Public Service Amendment Act, The whole, except1990 section 24

No. 1121 Government Gazette 7 August 1995PUBLIC SERVICE ACT, 1995

57Act No. 13, 1995

Act No. 13,1995

Proclamation 2of 1994

Proclamation 13of 1994


Amendment of First Schedule tothe Pu blic Service Act, 1980

Amendment of the First Scheduleto the Public Service Act, 1980

The whole

The whole

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