Local government service commission act

SERVICE COMMISSIONS ACT

Arrangement of Sections

PART I
PRELIMINARY PROVISIONS

PART II
THE SERVICE COMMISSIONS

THE JUDICIAL SERVICE COMMISSION

THE CIVIL SERVICE COMMISSION

THE TEACHING SERVICE COMMISSION

THE ZAMBIA CORRECTIONAL SERVICE COMMISSION

THE ZAMBIA POLICE SERVICE COMMISSION

THE LOCAL GOVERNMENT SERVICE COMMISSION

PART III
PROVISIONS APPLICABLE TO ALL SERVICE COMMISSIONS

PART IV
HUMAN RESOURCE MANAGEMENT

PART V
GENERAL PROVISIONS

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

[28th October, 2016]

PART I
PRELIMINARY PROVISIONS

This Act may be cited as the Service Commissions Act.

In this Act, unless the context otherwise requires"”

"appropriate Commission" in relation to"”

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

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

"associate" means"”

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

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

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

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

(e) the trustee of a trust, where"”

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

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

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

"Civil Service" means the Civil Service established by the Constitution;

"Civil Service Commission" means the Civil Service Commission established by the Constitution;

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

"committee" means a human resource management committee established under section 33;

"councillor" has the meaning assigned to it in the Constitution;

"Emoluments Commission" means the Emoluments Commission established by the Constitution;

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

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

"Judicial Service" means the Judicial Service established by the Constitution;

"Judicial Service Commission" means the Judicial Service Commission established by the Constitution;

"local authority" has the meaning assigned to it in the Constitution;

"Local Government Service" means the Local Government Service established by the Constitution;

"Local Government Service Commission" means the Local Government Service Commission established by the Constitution;

"member" means a member of a Commission;

"oath" has the meaning assigned to it in the Constitution;

"public service" has the meaning assigned to it in the Constitution;

"relative" means"”

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

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

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

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

"repealed Act" means the Service Commissions Act;

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

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

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

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

"Teaching Service" means the Teaching Service established by the Constitution;

"Teaching Service Commission" means the Teaching Service Commission established by the Constitution;

"Zambia Correctional Service" means the Zambia Correctional Service established by the Constitution;

"Zambia Correctional Service Commission" means the Zambia Correctional Service Commission established by the Constitution;

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

"Zambia Police Service" means the Zambia Police Service established by the Constitution; and

"Zambia Police Service Commission" means the Zambia Police Service Commission established by the Constitution.

3. Values and principles of public service

The values and principles of the public service include"”

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

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

(d) inclusiveness in the policy-making process;

(e) accountability for administrative acts;

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

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

(ii) members of all ethnic groups; and

(iii) the youth and persons with disabilities.

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

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

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

(b) competitive selection in filling vacancies;

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

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

PART II
THE SERVICE COMMISSIONS

THE JUDICIAL SERVICE COMMISSION

5. Composition of Judicial Service Commission

(1) The Judicial Service Commission consists of"”

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

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.