Laws of Malawi

PARLIAMENTARY SERVICE

Muli bwanji!Lilongwe

CHAPTER 2:08
PARLIAMENTARY SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
PARLIAMENTARY SERVICE

    3.    Parliamentary Service

    4.    Parliamentary Service Code of Conduct

PART III
PARLIAMENTARY SERVICE COMMISSION

    5.    Legal personality and membership of the Commission

    6.    Functions of the Commission

    7.    Meetings of the Commission

    8.    Procedure of the Commission

    9.    Committees of the Commission

    10.    Remuneration of members of the Commission, etc.

PART IV
PARLIAMENTARY STAFF

    11.    Clerk

    12.    Tenure of office of Clerk

    13.    Delegation of powers

    14.    Appointment of other officers and employees of Parliamentary Service

    15.    Employees Commission ineligible for political offices

    16.    Remuneration and other terms of conditions of employment

    17.    Retirement age

    18.    Application of the Public Service Act

    19.    Fixed term contract of service

    20.    Engagement of experts

PART V
FINANCIAL PROVISIONS

    21.    Funds and assets of the Commission

    22.    Books and other records of accounts, audit and reports of the Commission

    23.    Holding of funds of the Commission

    24.    Financial year

PART VI
MISCELLANEOUS

    25.    Protection from liability

    26.    Common seal

    27.    Disclosure of interest

    28.    Oath of secrecy

    29.    Annual report

    30.    By-laws

    31.    Repeal and savings

        SCHEDULE

19 of 2021

    An Act to make provision for the Parliamentary Service and the Parliamentary Service Commission established under the Constitution; and to provide for matters incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Parliamentary Service Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Chairman” means the Chairman of the Commission;

    “Code of Conduct” means the Parliamentary Service Code of Conduct as provided under section 4;

    “Commission” means the Parliamentary Service Commission established under section 194B of the Constitution;

    “Clerk” means the Clerk to the National Assembly appointed under section 194C (2) of the Constitution;

    “Deputy Speaker” means a Deputy Speaker of the National Assembly;

    “employee” means a person employed in the Parliamentary Service as a permanent employee, including while serving on probation or employed on fixed term contract, but does not include an expert engaged under section 20;

    “member” means a member of the Commission appointed under section 194D of the Constitution;

    “officer” means an employee of the Parliamentary Service other than an employee serving on probation or as a temporary salaried employee or a wage worker;

    “Parliamentary Service” means the service established under section 194A of the Constitution;

    “Standing Orders” means the Standing Orders of the National Assembly; and

    “Speaker” means the Speaker of the National Assembly.

PART II
PARLIAMENTARY SERVICE

3.    Parliamentary Service

    (1) The Parliamentary Service shall consist of persons appointed under this Act.

    (2) Subject to the Constitution, the Parliamentary Service shall—

    (a)    provide professional and impartial advice and support to the National Assembly;

    (b)    provide non-partisan services to the National Assembly, its committees and members of the National Assembly;

    (c)    exhibit the highest ethical standards and perform its functions with high level of probity and accountability; and

    (d)    use the resources of the National Assembly in a transparent, accountable and cost-effective manner.

4.    Parliamentary Service Code of Conduct

    (1) Every employee of the Parliamentary Service shall, in the course of his or her employment, comply with the provisions of a Code of Conduct promulgated by the Parliamentary Service Commission.

    (2) An employee who contravenes a provision of the Code of Conduct commits a disciplinary offence and shall be liable to—

    (a)    termination of employment;

    (b)    demotion;

    (c)    re-assignment of duties;

    (d)    reduction of salary;

    (e)    deduction from salary by way of a fine; or

    (f)    other appropriate sanction,

    as the Commission may direct.

PART III
PARLIAMENTARY SERVICE COMMISSION

5.    Legal personality and membership of the Commission

    (1) The Parliamentary Service Commission shall be a body corporate with perpetual succession and a common seal and be capable of doing or performing all such acts and things as bodies corporate may, by law, do or perform.

    (2) Members of the Commission appointed under section 194D (b) of the Constitution shall be nominated by political parties with the highest number of members in the National Assembly.

    (3) A political party shall not nominate more than one person for appointment as a member of the Commission.

    (4) A person who is a member of the Business Committee or chairperson of a committee of the National Assembly shall not be eligible for appointment as a member of the Commission.

    (5) Members of the Commission appointed under section 194D (c) of the Constitution, shall be nominated by professional bodies as determined by…

Members-only content

Continue reading this exclusive content by subscribing to one of our membership plans.

Subscribe NowAlready a Member? Log In