CHAPTER 26:01
PUBLIC SERVICE

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

   3.   Application

PART II
Public Service Structure

   4.   Public Service Structure

PART III
Composition of the Public Service

   5.   Composition

PART IV
General Public Service Principles and Standards

   6.   Public officers 'conduct standards

   7.   Human resource management standards

PART V
Administration of the Public Service

   8.   Head of the Public Service

   9.   Permanent Secretaries 'functions

   10.   Heads of Departments

   11.   Director of Public Service Management

   12.   Directions of the President

PART VI
Appointments to the Public Service

   13.   Appointments

   14.   Entry and advancement

   15.   Powers of appointment

   16.   Delegation of powers

   17.   Criteria for appointment

   18.   Disqualification for appointment

   19.   Appointment of Permanent Secretary to the President and Permanent Secretaries, etc.

   20.   Appointments to the National Assembly, etc.

   21.   Appointment of non-citizens

   22.   Retrospective appointments

   23.   Probation

   24.   Promotion

   25.   Date of promotion

PART VII
Termination of Appointments and Retirement

   26.   Termination of appointments

   27.   Summary dismissal

   28.   Retirement of public officers

   29.   Retirement on medical grounds

PART VIII
Public Officers General Provisions

   30.   General duties

   31.   General conditions of work

   32.   Fees for official services

   33.   Emoluments not to be ceded

   34.   Publications, interviews and use of official information

   35.   Suspension

PART IX
Misconduct and Unsatisfactory Service

   36.   General definition of misconduct

   37.   Particular types of misconduct

   38.   Sexual harassment

   39.   Disciplinary proceedings for misconduct

   40.   Punishments for misconduct

   41.   Inefficiency

PART X
Settlement of Disputes

   42.   Definitions

   43.   Grievances

   44.   Annual Report

PART XI
Freedom of Association for Public Officers

   45.   Right to join union

   46.   Recognition of public officers 'unions

PART XII
Industrial Action

   47.   Strikes by management

   48.   Lawful strikes, etc.

   49.   Certain strikes or lockouts not permitted

PART XIII
Collective Bargaining in the Public Sector

   50.   Establishment of Bargaining Council

   51.   Constitution of Council

   52.   Formation of Council

   53.   Functions of Council

   54.   Bargaining councils in the public service

   55.   Jurisdiction of Sectoral Bargaining Councils

   56.   Political activities of bargaining councils

   57.   Rights of trade union parties to the Council

   58.   Disclosure of information

PART XIV
Offences and Penalties

   59.   Influencing an appointing authority

   60.   Supplying false information

   61.   Improperly influencing an appointing authority

   62.   Supplying false information to commission

   63.   Improper disclosure

PART XV
Miscellaneous

   64.   Amendment of Schedule

   65.   Regulations

   66.   Repeal

   67.   Savings and transitional

      SCHEDULE

Act 13, 1998,
Act 14, 2000,
Act 15, 2005,
Act 30, 2008,
S.I. 19, 2010.

An Act to re-enact with amendments the provisions relating to the public service of Botswana and matters incidental thereto and connected therewith.

[Date of Commencement:1st May, 2010]

PART I
Preliminary (ss 1-3)

1.   Short title

   This Act may be cited as the Public Service Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "appointing authority" means any person in whom the power to appoint, remove from office or exercise disciplinary control in terms of this Act vests;

   "appointment" includes a transfer, a promotion, a temporary appointment and an acting appointment;

   "citizen" means a citizen of Botswana;

   "Commissioner" means the Commissioner of Labour;

   "Committee of Selection" has the meaning assigned to it by the Standing Orders of the National Assembly;

   "Director" means the Director of Public Service Management appointed under section 11;

   "employee" means any person who has entered into a contract of employment for the hire of his or her labour in terms of this Act;

   "employer" means the Government in respect of all of its officers except members of the Botswana Defence Force, the Botswana Police Service, the Local Police Service, and the Prison Service;

   "Head of Department" means the head of a government department other than an extra ministerial department;

   "National Vision" means any long term vision for Botswana;

   "non-citizen" means a person who is not a citizen of Botswana;

   "promotion" means the appointment of a public officer to a higher public office with an increase or potential increase of salary;

   "public officer" means a person holding or acting in any public office, and being an employee to whom this Act applies;

   "senior management" means those persons in the public service, who are appointed by the Permanent Secretary to the President (PSP) or the President, as the case may be;

   "strike" means the cessation of work by a body of employees acting in combination or under a common understanding or a concerted refusal or a refusal under a common understanding by such body of employees to continue to work;

   "supervising officer", in relation to an employee, means the public officer designated, or delegated, under this Act, to supervise and exercise disciplinary control over that employee;

   "transfer" means the appointment of an employee to another public office with or without an adjustment to his or her salary.

   (2) For the purposes of the public service and section 112 of the Constitution," Permanent Secretary" means the holder of the public office of that designation responsible, subject to the directions and control of the Minister, for the supervision of a Ministry, and includes the holders of the public offices listed in the Schedule to this Act.

   (3) For the purposes of this Act," the Permanent Secretary" means the holder of the public office of that designation responsible, subject to the directions and control of the Minister, for the administration of a Ministry or department and includes-

   (a)   the Attorney-General in respect of the Attorney-General's Chambers;

   (b)   the Auditor-General in respect of the Auditor-General's Office;

   (c)   the Clerk of the National Assembly in respect of the offices of the National Assembly;

   (d)   the Registrar of the High Court in respect of the staff of the High Court and the Magistracy; and

   (e)   the Registrar of the Industrial Court in respect of the staff of the Industrial Court.

3.   Application

   The provisions of this Act shall not apply to members of the-

   (a)   Botswana Defence Force;

   (b)   Botswana Police Service;

   (c)   Local Police Service; and

   (d)   Prison Service.

PART II
Public Service Structure (s 4)

4.   Public Service Structure

   (1) The public service of Botswana shall consist of such ministries, departments and public offices as the President may constitute in terms of section 56 of the Constitution as read with sections 50 (4) and 52 thereof.

   (2) Every-

   (a)   Ministry shall be under the control and direction of the Minister to whom the President has assigned it in terms of section 50 (4) of the Constitution;

   (b)   Ministry shall be under the administrative supervision of a Permanent Secretary; and

   (c)   Department shall, save where otherwise specified, be under the administrative supervision of a Head of Department.

PART III
Composition of the Public Service (s 5)

5.   Composition

   (1) The public service shall consist of persons who-

   (a)   hold posts on the fixed establishment in any Government Ministry or Department;

   (b)   immediately before the coming into force of this Act were employed in terms of the Public Service Act repealed by this Act;

   (c)   immediately before the commencement of this Act were part of the Teaching Service, including teachers in Government schools and persons who held Government aided posts in private schools;

   (d)   immediately before the commencement of this Act were part of the Unified Local Government Service or Land Board Service;

   (e)   are employed temporarily or under a special contract, within a Government Ministry or Department;

   (f)   immediately before the commencement of this Act, were industrial employees remunerated by Government.

   (2) All posts established in terms of the Public Service Act, the Regulations for Industrial Employees, the Teaching Service Act, the Tribal Land Act and the Unifie d Local Government Service Act and existing immediately before the commencement of this Act shall, except where it is clearly inappropriate, be deemed to have been established under this Act.

   (3) All persons who were employed in terms of the Public Service Act, the Regulations for Industrial Employees, the Teaching Service Act, the Tribal Land Act and the Unified Local Government Service Act immediately before the commencement of this Act shall, except where it is clearly inappropriate, be deemed to have been employed under this Act and the provisions of this Act shall apply to them.

   (4) A person who was employed in terms of the Public Service Act, the Regulations for Industrial Employees, the Teaching Service Act, the Tribal Land Act or the Unified Local Government Service Act immediately before the commencement of this Act shall not be subject to any condition of service which is less favourable to him or her than any similar condition which applied to him or her before this Act came into force.

   (5) Notwithstanding the provisions of subsection (4), any person who was employed in terms of the Acts and Regulations referred to in sub-sections (1) to (4) immediately before the coming into force of this Act shall not-

   (a)   publicly speak or demonstrate for or against any politician or political party;

   (b)   be an active member of, nor hold office in, any political party;

   (c)   publish his or her views on political matters in writing; or

   (d)   hold a parliamentary seat or hold a political office in any local government body, except where the office is held ex officio.

   (6) Any person who is excluded, under section 110 (1) of the Constitution, from the public service shall not, for purposes of this Act, be considered part of the public service.

   (7) For the purposes of this section

   "aided post" means any post in a private school in respect of which, in the opinion of the Minister, the salary attached to the post should be paid, wholly or partly, from public funds; and

   "Government school" means a school managed by the Ministry responsible for education and skills development, and the Ministry responsible for local government.

PART IV
General Public Service Principles and Standards (ss 6-7)

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