GOVERNMENT HEALTH SERVICE

CHAPTER 36:03
GOVERNMENT HEALTH SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ESTABLISHMENT OF GOVERNMENT HEALTH SERVICE AND GOVERNMENT HEALTH SERVICE COMMISSION

    3.    Establishment of Government Health Service

    4.    Establishment and composition of the Government Health Service Commission

    5.    Appointment of members of the Commission

    6.    Tenure of office of members of the Commission

    7.    Remuneration and allowances of members of the Commission

PART III
POWERS AND FUNCTIONS OF THE COMMISSION

    8.    Powers and functions of the Commission

    9.    Delegation

    10.    Consultation

PART IV
MISCELLANEOUS

    11.    Application of Cap. 1:03

    12.    Regulations

    13.    Transitional

        SCHEDULE

14 of 2002
G.N. 38/2023

    An Act to provide for the establishment of a Government Health Service; the establishment of the Government Health Service Commission to regulate the appointment, and terms and conditions of service, of persons employed in the Government Health Service; the functions and powers of the Commission; and further to make provision for matters connected therewith or incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Government Health Service Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Assembly” has the meaning ascribed thereto in the Local Government Act;

    “Civil Service Commission” means the Civil Service Commission established under section 186 of the Constitution;

    “Commission” means the Government Health Service Commission established under section 4;

    “Government Teaching Service Commission” means the Government Teaching Service Commission established under section 3 of the Government Teaching Service Commission Act;

    “health professional” means any person registered under any of the laws specified in Part I of the Schedule as any of the categories of professionals specified in Part II of the Schedule;

Schedule

Schedule

    “health worker” means health professional, administrative, scientific and support staff employed in the health service and designated by the Commission in consultation with the Civil Service Commission or an Assembly:

    “Judicial Service Commission” means the Judicial Service Commission established under section 116 of the Constitution;

    “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution.

PART II
ESTABLISHMENT OF GOVERNMENT HEALTH SERVICE AND GOVERNMENT HEALTH SERVICE COMMISSION

3.    Establishment of Government Health Service

    (1) There is hereby established a service to be called the Government Health Service (in this Act otherwise referred to as the “Government Health Service”).

    (2) The public officers who constitute the Government Health Service are the following categories of persons in the public service—

    (a)    health professionals; and

    (b)    such administrative, scientific and support staff as may be appointed by the Commission or an Assembly for the efficient administration, management and delivery of health services in Malawi.

4.    Establishment and composition of the Government Health Service Commission

    There is hereby established a Commission to be known as the Government Health Service Commission (in this Act otherwise referred to as the “Commission”), which shall have the powers and functions conferred upon it by this Act, and which shall consist of a Chairperson and not less than six nor more than ten other members.

5.    Appointment of members of the Commission

    (1) Members of the Commission shall be appointed by the President, and the appointment shall be confirmed by the Public Appointments Committee.

    (2) A person shall not be qualified for appointment as a member of the Commission if that person—

    (a)    is a Minister or Deputy Minister, a Member of Parliament or an officer in the Government Health Service;

    (b)    is an undischarged bankrupt;

    (c)    has, within the three years immediately preceding, been convicted of any offence by a court and sentenced therefor to a term of imprisonment of six months or more without the option of a fine; or

    (d)    has, within the seven years immediately preceding, been convicted of an offence involving fraud or dishonesty.

6.    Tenure of office of members of the Commission

    (1) Subject to subsections (3) and (4), a member of the Commission shall hold office as such member for such period not exceeding three years from the date of his or her appointment, as may be specified in the instrument of appointment.

    (2) Any retiring member of the Commission, other than a member who is disqualified under section 5 (2), shall be eligible for re-appointment.

    (3) The office of a member of the Commission shall be vacated—

    (a)    upon his or her death;

    (b)    if, save through illness, he or she is absent from three consecutive meetings of the Commission without the permission of the Minister or of the Commission;

    (c)    upon the expiry of one month’s notice in writing of his or her intention to resign given by him or her to the…