Malawi
Public Service Act
Chapter 1:03
- Commenced on 1 August 1994
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short title
This Act may be cited as the Public Service Act.2. Application
This Act shall apply with respect to the administration of the public service save as otherwise provided under any written law with respect to any part of the public service.Part II – Fundamental principles for the administration of the public service
3. Character of the public service
The public service shall—4. Entry and advancement to be based on merit
Entry into and advancement within the public service shall be determined solely on the basis of merit, namely, relative ability, knowledge, skill and aptitude after fair and open competition which assures that all citizens receive equal opportunity.5. Appointment to posts
6. Appointment of public officers above the rank of under secretary
Subject to the Constitution, the power to appoint any person in the public service to a post above the rank of under secretary shall vest in the President.7. Fair and equal treatment of public officers
All public officers shall be treated fairly and equally in all aspects of human resource management and development without regard to their political, tribal or religious affiliation or to their sex, age or origin in Malawi.8. Equal pay
The basis for remuneration of public officers shall be equal pay for work of equal value and recognition for excellence in the performance of their duties as determined by an objective method of evaluation.9. Code of conduct
Disciplinary provisions to regulate the code of conduct of public officers shall be in accordance with regulations made, or deemed to have been made, under this Act.10. Deployment of public officers
The deployment of public officers within the public service shall be based solely on the exigencies of the service, balancing the following factors—11. Retention of public officers
The retention of a public officer in the public service at any time after his appointment shall be justified only on the basis of the need for his duties and his satisfactory performance of those duties.12. Promotion and training
All public officers shall be accorded opportunity for career advancement and self-development through promotions and appropriate available training.13. Welfare, etc., for public officers
All public officers shall be accorded facilities for staff welfare, job satisfaction, higher quality of working life, rewards and incentives through the establishment and institution of appropriate schemes and mechanisms.14. General approach in the management of the public service
The management of the public service shall be based on modern and appropriate human management concepts and techniques within a framework which meets the basic requirements for—Part III – Public service administration and management
15. Constitution and abolition of public offices
16. The head of the public service
The Secretary to the Cabinet shall be the head of the public service.17. Functions of the head of the public service
Subject to this Act and any general or special directives of the Minister, the Secretary to the Cabinet, as head of the public service, shall be responsible for the overall management and administration of the public service and, without restriction on the generality of the foregoing, he shall—18. Establishment of post of Secretary for Human Resource Management and Development
There shall be established the post of Secretary for Human Resource Management and Development (in this Act referred to as the “Secretary for Human Resource Management and Development”) who shall be a public officer and shall be responsible for administering this Act.19. Establishment of Department of Human Resource Management and Development
There is hereby established a department of the Government to be known as the Department of Human Resource Management and Development, to be headed by the Secretary for Human Resource Management and Development, and the principal objectives of which shall be—20. Responsibilities of the Secretary for Human Resource Management and Development
Part IV – Administration of ministries and departments
21. Responsibilities of Principal Secretaries and heads of department
22. Supervision of administration of ministries
Subject to the Constitution and to the general and special directions of the Minister, the supervision of the administration of a ministry (including any department of that ministry) shall at all times remain the responsibility of the Principal Secretary of that ministry.23. Accountability of Principal Secretaries and heads of department
The Principal Secretary of a ministry and the head of department, as the case may be, shall be accountable for all the administrative activities of the ministry or department for which that Principal Secretary or head of department is responsible.24. Accountability by management
Subject to this Act, every public officer in the management level of a ministry or department shall be responsible for the efficient management of the resources of that ministry or department and shall be accountable in respect of the management of the resources of that ministry or department.Part V – Individual rights and responsibilities of public officers
25. Responsibility and role of officers
Subject to this Act, every officer employed in the public service shall be responsible for the execution of the duties and tasks properly assigned to him and shall be accountable for his actions in the mobilization and utilization of resources made available in relation to the execution of duties and tasks.26. Right of officers regarding terms and conditions of service
Subject to the Constitution and to this Act, every officer employed in the public service has the right of access to the terms and conditions on which he is employed.Part VI – Miscellaneous
27. Restriction on termination of the service of public officers
28. The Civil Service Commission, etc.
Subject to the Constitution, the Civil Service Commission and every other Service Commission established under the Constitution shall, in the performance of its function, be bound and guided by the provisions of this Act.29. Retirement age
30. Regulations
31. Savings
Any regulations or other subsidiary legislation applicable with respect to the terms and conditions of service of public officers immediately before the commencement of this Act and which are or is capable of being made under section 30—History of this document
31 December 2014 this version
Consolidation
01 August 1994
Commenced
Cited documents 0
Documents citing this one 1
Judgment 1
1. | President of Malawi & Anor. v Kachere & Ors. (MSCA Civil Appeal 20 of 1995) [1995] MWSC 2 (19 November 1995) |