PUBLIC SERVICE

CHAPTER 1:03
PUBLIC SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

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

19 of 1994
G.N. 51/1994

    An Act to make provision for the administration of the public service and for matters ancillary thereto or connected therewith

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—

    (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.

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

    (1) In selecting candidates for appointment to posts in the public service, the selecting authority shall have regard primarily to the need for promoting efficiency in the public service.

    (2) No person shall be appointed in the public service except to fill a post which is appropriately established and is vacant and has been properly estimated for in the estimates of expenditure.

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—

    (a)    the need to promote and achieve higher individual output of the public officer and to ensure his job satisfaction;

    (…