Published: 2010-05-01
Key Benefits:
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
FreedomofAssociationforPublicOfficers
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]
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 theIndustrial 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.