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]
64. Amendment of Schedule
The President may, by order published in the Gazette , amend the Schedule.
65. Regulations
The President may make regulations for the better carrying out of the purposes and provisions of this Act, and without derogation from the generality of the foregoing, such regulations may provide for-
(a) the procedure for making applications for the creation and abolition of public offices;
(b) the procedure for notifying and advertising vacancies in the public service;
(c) the procedure for the engagement or re-engagement of public officers on contract;
(d) anything in this Act which is to be or may be prescribed;
(e) the setting up of bodies for the purpose of consultation between Government and members of the public service and the procedure and functions of such bodies; and
(f) the body which may conduct examinations in connection with any scheme of service or for any other purpose of the public service.
66. Repeal
The following Acts are hereby repealed-
(a) the Public Service Act;
(b) the Unified Local Government Service Act;
(c) the Teaching Service Act; and
(d) Part II A to Part II F of the Tribal Land Act.
67. Savings and transitional
Subject to the provisions of this Act-
(a) the administrative structures of the public service in existence under the repealed Acts immediately before the commencement of this Act shall, to the extent that their continued existence is not inappropriate or inconsistent with this Act, continue in existence;
(b) the public service positions which were in existence under the repealed Acts immediately before the commencement of this Act shall, except where clearly inappropriate, continue in existence;
(c) every position which was classified as a senior management position under the repealed Acts immediately before the commencement of this Act shall continue as such;
(d) every person who was employed under the repealed Acts immediately before the commencement of this Act shall continue to be employed in the same position in the public service except where it is clearly inappropriate;
(e) every person employed in terms of a contract under the repealed Acts shall not be subject to any condition of service which is less favourable to that person than any similar condition which applied to that person immediately before the commencement of this Act.
SCHEDULE
(section 2 (2) and 64)
1. Secretary to the Cabinet;
2. Permanent Secretary, Office of the President;
3. Attorney-General;
4. Auditor-General;
5. Director of Public Service Management;
6. Commander of the Botswana Defence Force;
7. Deputy Commander of the Botswana Defence Force;
8. Commissioner of Police;
9. Secretary for Economic and Financial Policy;
10. Secretary for Development and Budget;
11. Accountant-General;
12. Secretary to the Independent Electoral Commission;
13. Director of the Directorate on Corruption and Economic Crime;
14. Clerk of the National Assembly;
15. Coordinator of the National AIDS Coordinating Agency;
16. Ombudsman;
17. Registrar and Master of the High Court;
18. Registrar of the Industrial Court;
20. Secretary for Defence, Justice and Security;
21. Secretary for Presidential Affairs and Public Administration;
22. Director of Public Prosecutions;
23. Government Attorney;
24. Secretary for Legislative Drafting;
25. Secretary for International and Commercial Services;
26. Director of Intelligence and Security; and
27. the holders of such public offices as may from time to time be estab- lished or constituted.
