Public Service Act (Chapter 1:03)
Malawi
Public Service Act
Chapter 1:03
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Commenced on 1 August 1994
- [This is the version of this document at 31 December 2014 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Public Service Act. 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. The public service shall—(a)aim to deliver services to the public in an efficient and effective manner;(b)be the instrument for generating and maintaining public confidence in the Government;(c)be impartial, independent and permanent so as to enable the public to continue to receive Government services and in order that the executive functions of the Government continue uninterrupted irrespective of which political party is in power;(d)be guided only by concerns of the public interest and of the welfare of the public in the delivery of services and the formulation and implementation of development projects;(e)aim to achieve and maintain the highest degree of integrity and proper conduct amongst the personnel at all grades. 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. 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. 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. 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. 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. The deployment of public officers within the public service shall be based solely on the exigencies of the service, balancing the following factors—(a)the need to promote and achieve higher individual output of the public officer and to ensure his job satisfaction;(b)the need to achieve higher organizational performance of the public service; and(c)the attainment of national objectives. 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. All public officers shall be accorded opportunity for career advancement and self-development through promotions and appropriate available training. 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. 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—(a)efficient and effective delivery of service to the public;(b)concern for the welfare of public officers, as employees;(c)adherence to law;(d)administration of staff regulations with sensitivity to the social and economical impact of such administration on the individual public officer. The Secretary to the Cabinet shall be 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—(a)with the approval of the Minister, formulate, direct and co-ordinate the overall national policy in relation to the public service respecting—(i)objectivity and permanency of service;(ii)principles and criteria for recruitment, retention, advancement and termination of service;(iii)staff welfare, motivation and remuneration of public officers;(iv)deployment, utilization and performance evaluation;(v)career planning, training, development and performance of the public service; and(vi)discipline;(b)provide leadership on all matters pertaining to the public service, including the development of—(i)a positive public image of the public service;(ii)high integrity and morale, and excellency in the performance of duty by the public service; and(iii)fair and equitable treatment of all public officers;(c)develop specific public service goals and priorities, to be achieved within a medium and long-term time frame. 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. 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—(a)to effectively and judiciously administer the provisions of this Act and regulations made thereunder;(b)to continuously examine the public service related needs and priorities at various levels of the administration of the Government and assess the relevance and effectiveness of current administrative instruments of the public service with a view to recommending appropriate measures to meet the requirements of this Act;(c)to develop and maintain sound and effective public service systems and practices appropriate to the requirements of Malawi;(d)to periodically review the extent of centralization or delegation of authority necessary for efficient and effective performance of the public service; and(e)to develop, introduce and judiciously administer the public service conditions of service, codes of ethics, precedents and norms to ensure that the integrity of the service, staff morale and welfare and overall performance of the public service continuously remain high. 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. 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. 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. 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. 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. 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. Subject to subsection (2), no officer shall continue to serve in the public service after attaining the mandatory retirement age of 55 years. The Minister may, subject to the Constitution and this Act, make regulations for the administration, regulation and disciplinary control of the public service and for matters incidental thereto. 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—(a)shall continue in force and be deemed to be regulations or other subsidiary legislation made under this Act; and may be amended or replaced by subsidiary legislation made under this Act.(b)may be amended or replaced by subsidiary legislation made under this Act.Part I – Preliminary
1. Short title
2. Application
Part II – Fundamental principles for the administration of the public service
3. Character of the public service
4. Entry and advancement to be based on merit
5. Appointment to posts
6. Appointment of public officers above the rank of under secretary
7. Fair and equal treatment of public officers
8. Equal pay
9. Code of conduct
10. Deployment of public officers
11. Retention of public officers
12. Promotion and training
13. Welfare, etc., for public officers
14. General approach in the management of the public service
Part III – Public service administration and management
15. Constitution and abolition of public offices
16. The head of the public service
17. Functions of the head of the public service
18. Establishment of post of Secretary for Human Resource Management and Development
19. Establishment of Department of Human Resource Management and Development
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
23. Accountability of Principal Secretaries and heads of department
24. Accountability by management
Part V – Individual rights and responsibilities of public officers
25. Responsibility and role of officers
26. Right of officers regarding terms and conditions of service
Part VI – Miscellaneous
27. Restriction on termination of the service of public officers
28. The Civil Service Commission, etc
29. Retirement age
30. Regulations
31. Savings