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Chapter 13 - The Public Service Commission

Article 112 [Establishment]

  1. There shall be established a Public Service Commission which shall have the function of advising the President on the matters referred to in Article 113 and of reporting to the National Assembly thereon.
  2. The Public Service Commission shall be independent and act impartially.
  3. The Public Service Commission shall consist of a Chairperson and no fewer than three (3) and no more than six (6) other persons nominated by the President and appointed by the National Assembly by resolution.
  4. Every member of the Public Service Commission shall be entitled to serve on such Commission for a period of five (5) years unless lawfully removed before the expiry of that period for good and sufficient reasons in terms of this Constitution and procedures to be prescribed by Act of Parliament. Every member of the Public Service Commission shall be eligible for reappointment.

Article 113 [Functions]

The functions of the Public Service Commission shall be defined by Act of Parliament and shall include the power:

  1. to advise the President and the Government on:
    aa) the appointment of suitable persons to specified categories of employment in the public service, with special regard to the balanced structuring thereof;
    bb) the exercise of adequate disciplinary control over such persons in order to assure the fair administration of personnel policy;
    cc) the remuneration and the retirement benefits of any such persons;
    dd) all other matters which by law pertain to the public service;
  2. to perform all functions assigned to it by Act of Parliament;
  3. to advise the President on the identity, availability and suitability of persons to be appointed by the President to offices in terms of this Constitution or any other law.