1 CHAPTER 26:01 . PUBLIC SERVICE . ARRANGEMENT OF SECTIONS. SECTION. PART I. Preliminary 1. Short title 2. Interpretation PART II. Administration of PUBLIC SERVICE 3. Directions of the President 4. Head of the PUBLIC SERVICE 5. Director of PUBLIC SERVICE Management PART III. Appointments to the PUBLIC SERVICE , etc. 6. Powers of appointment, discipline and removal 7. Criteria for appointment 8. Disqualification for appointment 9. Appointment of citizens of certain countries 10. Retrospective appointments 11. Probation 12. Promotion 13. Date of promotion PART IV. Termination of Appointments and Retirements 14. Termination of contract 15. Retirement of PUBLIC officers 16. Retirement on medical grounds PART V.
2 PUBLIC Officers 17. General duties of PUBLIC officers 18. Whole time of PUBLIC officer is at the disposal of the Government 19. Fees for official services 20. Emoluments not to be ceded 21. Publications, interviews and use of official information 22. Interdiction 23. Withholding of salary PART VI. Commissions 24. Definition 25. Protection of members of Commissions from legal proceedings 26. Privilege for communications of Commissions 27. Powers of Commissions 28. Commissions' annual reports 29. Legal representation PART VII. Misconduct and Unsatisfactory SERVICE Copyright Government of Botswana 30. General definition of misconduct 31. Particular types of misconduct 32. Sexual harassment 33.
3 Penalties PART VIII. Offences and Penalties 34. Influencing an appointing authority, etc. 35. Supplying false information 36. Improperly influencing a Commission 37. Supplying false information to a Commission 38. Improper disclosure PART IX. Miscellaneous 39. Regulations 40. Saving Act 13, 1998, Act 14, 2000, Act 15, 2005. 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: 4th September, 1998]. PART I. Preliminary (ss 1-2). 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 or body having power, whether delegated or otherwise, to appoint to office in the PUBLIC SERVICE .
4 "appointment" includes a transfer, a promotion, a temporary appointment and, if the person appointed to act draws the salary of the office, an acting appointment;. "Commission" means the PUBLIC SERVICE Commission or the Judicial SERVICE Commission, as the context may require;. "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 5;. "promotion" means the appointment of a PUBLIC officer to a different PUBLIC office with an increase or potential increase of salary;. " PUBLIC office" and " PUBLIC officer" have the same meanings as in the Constitution;. "responsible officer", in relation to a PUBLIC officer, means the PUBLIC officer designated, or to whom the necessary power is delegated, under this Act, to exercise disciplinary control over and to remove from office that PUBLIC officer.
5 "transfer" means the appointment of a PUBLIC officer to another PUBLIC office with no alteration or potential alteration to salary. (2) For the purposes of the PUBLIC SERVICE and section 112 of the Constitution, "Permanent Secretary" includes the holder of the PUBLIC office of that designation responsible, Copyright Government of Botswana subject to the directions and control of the Minister, for the supervision of a Ministry, and the holders of the following PUBLIC offices, namely, Secretary to the Cabinet, Administrative Secretary in the Office of the President, Attorney-General, Auditor-General, Director of PUBLIC SERVICE Management, Commander of the Botswana Defence Force, Deputy Commander of the Botswana Defence Force, Commissioner of Police, Secretary of Economic Affairs, Secretary of Budget Affairs.
6 Secretary of Financial Affairs, Secretary to the Independent Electoral Commission, Director of the Directorate on Corruption and Economic Crime, Clerk of the National Assembly, Coordinator of the National AIDS Coordinating Agency, Ombudsman, registrar and Master of the High Court, Registrar of the Industrial Court, Permanent Secretary (Development), Permanent Secretary (Political Affairs), Director of PUBLIC Prosecutions, Government Attorney, Secretary for Legislative Drafting and Secretary for International and Commercial services . (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, and includes the Attorney-General in respect of the Attorney-General's Chambers, the Auditor-General in respect of the Auditor-General's Office, the Clerk of the National Assembly in respect of the offices of the National Assembly, and the Registrar of the High Court in respect of the staff of the High Court and the Magistracy.
7 PART II. Administration of PUBLIC SERVICE (ss 3-5). 3. Directions of the President The exercise of any powers or the performance of any duties under this Act shall be subject to such general directions of the President as the President may deem necessary. 4. Head of the PUBLIC SERVICE (1) The Permanent Secretary to the President shall be the head of the PUBLIC SERVICE and shall, subject to the Constitution and this Act, have vested in him the administration of the PUBLIC SERVICE . (2) The Permanent Secretary to the President may, by General Orders, make rules or regulations or give instructions for controlling the conduct of the PUBLIC SERVICE and providing for the conditions of SERVICE of the PUBLIC SERVICE .
8 (3) Any rules or regulations made, or instructions given, in terms of subsection (2) shall not be inconsistent with the provisions of this Act and shall be complied with by all PUBLIC officers. (4) The Permanent Secretary to the President may at any time exercise the functions of any other Permanent Secretary in any matter falling under this Act, and if he so does he and not the other Permanent Secretary shall be regarded for the purposes of that matter as that other Permanent Secretary. 5. Director of PUBLIC SERVICE Management (1) There shall be a Director of PUBLIC SERVICE Management (in this Act referred to as "the Director"), who shall be a PUBLIC officer appointed by the President.
9 (2) The Director shall, subject to the Constitution and this Act, be responsible for the following matters, namely- (a) conditions of appointment and terms of SERVICE ;. (b) the administration of General Orders;. (c) the recruitment of PUBLIC officers, including volunteers and technical assistance personnel;. (d) staff complements and gradings;. (e) the administration, structure and assessment of salaries;. (f) PUBLIC SERVICE training policy;. (g) discipline, staff training and welfare;. (h) localization and staff development programmes;. Copyright Government of Botswana (i) staff inspections and organization and methods;. (j) the approval and administration of schemes of SERVICE ;. (k) allowances and policy with regard to pensions and gratuities.
10 (l) personnel statistics;. (m) such other matters as may be prescribed. PART III. Appointments to the PUBLIC SERVICE , etc. (ss 6-13). 6. Powers of appointment, discipline and removal (1) Subject to the Constitution, the power to appoint, remove or exercise disciplinary control over any PUBLIC officer shall be vested- (a) in the case of any PUBLIC officer on the superscale grade E2 and above (other than an officer to whom section 110 of the Constitution does not apply), in the Permanent Secretary to the President; and (b) in any other case, in the Director in accordance with this Act. (2) The Permanent Secretary to the President may, with the consent of the President, by directions in writing, delegate any of his powers under this section to the Director or any other Permanent Secretary, but notwithstanding any such delegation, the Permanent Secretary to the President may exercise any powers delegated by him, and may from time to time cancel or vary any such delegation.