13.     Appointments

          (1) Appointments to the public service shall be on-

    (a)     permanent and pensionable terms;

    (b)     contract terms;

    (c)     temporary terms;

    (d)     part time terms;

    (e)     casual terms; or

    (f)      such other terms as may be prescribed.

          (2) In this section" contract terms" means full time employment for a specified period not less than 12 months;

          "casual terms" has the meaning assigned to it under the Employment Act;

          "part time terms" means employment for a specified period of time, which limits hours of work to less than the standard working hours for the particular type of employment in the public service;

          "permanent and pensionable terms" means full time employment for an unspecified period of time whose conditions of service attract the earning of a pension; and

          "termporary terms" means full time employment for a specified period of time not exceeding 12 months.

14.     Entry and advancement

          Entry into and advancement in the public service shall be based on a proven record of performance and skills and competencies. However, the academic requirements and price of admission competencies, as determined from time-to-time, shall apply for entry-level posts.

15.     Powers of appointment

          Subject to the Constitution, the power to appoint, remove or exercise disciplinary control over any employee shall be vested-

    (a)     in the case of any employee in a senior management position (other than a person appointed by the President in terms of the Constitution or any other law), in the Permanent Secretary to the President; and

    (b)     in any other case, in the Director or such other person as the Director may, in accordance with this Act, delegate.

16.     Delegation of powers

          (1) The Permanent Secretary to the President may, with the consent of the President, by directions in writing, delegate any of his or her powers under this Part 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 or her, and may from time to time cancel or vary any such delegation.

          (2) The Director may, with the consent of the Permanent Secretary to the President, by directions in writing, delegate any of his or her powers under this Part to any public officer.

          (3) Notwithstanding any such delegation, the Director may vary or set aside any decision made by such public officer in the exercise of his or her delegated powers.

          (4) A power or function delegated under this Part may, if the instrument of delegation so provides, be further delegated.

17.     Criteria for appointment

          (1) In selecting candidates for appointment, the appointing authority shall have regard primarily to the efficiency of the public service.

          (2) Where any public office is vacant, the following persons shall be qualified for appointment to such office in the following order of priority-

    (a)     a citizen;

    (b)     any other person who is a non-citizen but whose appointment to such office is approved under section 21 or deemed to be approved under section 21(3).

          (3) The persons mentioned in subsection (2) shall be qualified for appointment if they satisfy any competency requirements or qualifications specified by the Director by order published in the Gazette in respect of that public office.

          (4) The provisions of subsection (2) may be waived with the written approval of the Minister if it facilitates the localisation of the public service or is otherwise in the interests of the public service.

18.     Disqualification for appointment

          A person who has been convicted of an offence involving moral turpitude, or who has been dismissed from the public service shall not be appointed to any public office without the written approval of the

          Director or Permanent Secretary to the President as the case may be, for positions which they appoint for.

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

          (1) The appointment of the Permanent Secretary to the President, a Permanent Secretary, Deputy Permanent Secretary, Head of a Department and any other person in a senior management position shall be subject to a contract for such term as prescribed.

          (2) A person appointed in terms of this section shall be eligible for re-appointment for such number of terms as the appointing authority may prescribe.

          (3) The decision whether or not to re-appoint a person under this section shall be made and notified to that person in accordance with the terms of that person's contract of employment.

          (4) In addition to the contract of employment entered into between the persons referred to in subsection (1) and the appointing authority, each such person shall enter into a performance contract with that person's supervising officer.

          (5) The performance contract shall, in the case of-

    (a)     the Permanent Secretary to the President, be between the Permanent Secretary to the President and the President;

    (b)     a Permanent Secretary, be between that Permanent Secretary and the Permanent Secretary to the President;

    (c)     a Deputy Permanent Secretary, be between that Deputy Permanent Secretary and the Permanent Secretary; and

    (d)     a Head of Department and any other person in a senior management position, be between that Head of Department and the Deputy Permanent Secretary.

20.     Appointments to the National Assembly, etc.

          (1) The appointing authority shall not appoint, promote or transfer any person to or from any post in the National Assembly without the prior approval of the Speaker of the National Assembly.

          (2) In giving approval to any appointment, promotion or transfer referred to in subsection (4), the Speaker shall act on the advice and recommendation of-

    (a)     in case of the posts of the Clerk, Deputy Clerk or Clerk's Assistants, the Committee of the National Assembly Staff established in accordance with the provisions of subsection (3); and

    (b)     in any other case, the Clerk of the National Assembly.

          (3) The Committee of Selection shall, at the beginning of the first session of every Parliament and for the duration of the life of such Parliament, appoint a committee to be known as the Committee of the National Assembly Staff, of which the Deputy Speaker of the National Assembly shall be the Chairperson.

          (4) The Committee of the National Assembly Staff appointed under subsection (3) shall be responsible for tendering advice and making recommendations to the Speaker in the case of appoitments and promotions to, or transfers from, the posts of the Clerk, Deputy Clerk or Clerk's Assistants, whilst the Clerk of the National Assembly shall be responsible for tendering advice and making recommendations to the Speaker for appointments, promotions or transfers in any other case.

          (5) Before any power relating to the appointment of the Secretary to the Ntlo ya Dikgosi is exercised, the appointing authority shall consult the Chairperson of the Ntlo ya Dikgosi.

21.     Appointment of non-citizens

          (1) A non-citizen shall not be appointed on pensionable terms to any public office.

          (2) Subject to subsection (3), a non-citizen shall not be appointed to any public office unless the appointing authority is satisfied that no citizen of Botswana who is qualified and suitable for appointment is available.

          (3) The appointment of any person to any public office shall be deemed to be approved if such person is a citizen of a country prescribed by the President as a country whose citizens may be recruited into the public service of Botswana without reference to him or her.

22.     Retrospective appointments

          Subject to section 25, any appointment by an appointing authority may be made retrospective to such date as he or she considers appropriate, whether or not such date is prior to the commencement of this Act.

23.     Probation

          (1) Where any person is appointed to any public office on pensionable terms, otherwise than on promotion or transfer, the person shall first serve a probationary period of six months.

          (2) Before the expiry of a probationary period, the appointing authority shall consider whether-

    (a)     the employee should be confirmed in the public office;

    (b)     the employee's services being otherwise satisfactory, the probationary period should be extended so as to afford the employee further opportunity to pass any examinations which are a condition precedent to appointment;

    (c)     the probationary period should be extended to afford the employee the opportunity of improvement in any respect in which the employee's work or conduct have been unsatisfactory; or

    (d)     the services of the employee should be terminated.

          (3) Where the appointing authority considers that the probationary period of an employee should be extended, it shall not be extended for more than six months.

          (4) Where the appointing authority is of the opinion that a probationary period should be extended, the appointing authority shall, before extending such appointment, give the employee at least one month's notice in writing of the appointing authority's decision to do so.

          (5) Where the employer or employee terminates a contract of employment during the probationary period, the employer or employee, as the case may be, shall give to the other party at least one month's notice in writing, of the intention to do so.

          (6) Where a contract of employment is terminated during a probationary period, it shall be considered to have been terminated for just cause.

          (7) An appointing authority may reduce a probationary period if the employee has fulfilled all the requirements necessary for confirmation in office and either-

    (a)     the employee has previously served in a public office or in a similar office elsewhere; or

    (b)     the reduction of the probationary period is necessary for administrative reasons:

                  Provided that no probationary period shall be reduced by a period exceeding the period which the employee concerned has served in the public office or a similar office on non-pensionable terms or a period of three months, whichever is less.

          (8) The termination or non-confirmation of probationary appointment shall not be considered as being dismissal from office.

          (9) An employee on probation for six months shall be deemed to have been confirmed in his or her appointment, at the end of the probationary period, he or she has not been informed in writing of the outcome of his or her probation.

          (10) In any other case, an employee shall be deemed to have been confirmed in his or her appointment at the end of the probationary period.

24.     Promotion

          (1) Where an employee is, on or after the commencement of this Act, promoted to a higher public office, the first six months (exclusive of any period of leave) from the effective date of the promotion shall be a probationary period.

          (2) The supervising officer of such employee may, within such period of three months, if he or she is of the opinion that such employee has failed to perform satisfactorily the duties of the public office to which the employee was promoted, or that the employee's conduct has been unsatisfactory, notify the employee in writing that his or her reduction to his or her former position is under consideration, and inform the employee of his or her right to make representations thereon within 21 days of their receipt of the notification.

          (3) The supervising officer shall forward such representations, if any, together with the supervising officer's recommendations, to the Permanent Secretary.

          (4) The Permanent Secretary shall decide whether the employee should revert to his or her former position but may, if the Permanent Secretary is of the opinion that the work of the employee requires a further trial, postpone his or her decision for such period as he or she considers necessary:

          Provided that if the Permanent Secretary has not reached a decision and informed the employee whether or not the employee should revert, within one month of the matter being referred to him or her, the employee shall not revert.

25.     Date of promotion

          (1) Where any person is appointed to any public office on promotion, the effective date of his or her promotion to such office shall subject to subsection (2), be that fixed by the appointing authority.

          (2) The appointing authority shall not fix, as a date of promotion, a date which is earlier than the date upon which-

    (a)     the vacancy occurred;

    (b)     the appointing authority authorises, in writing, the promotion of an employee; or

    (c)     the employee assumed the functions of the office.

          (3) Notwithstanding the provisions of subsection (2), the appointing authority may, in special circumstances, fix a date of promotion which is earlier than the date on which the employee assumed the functions of the office, but that date shall not be earlier than the date on which the vacancy occurred or the date the officer became qualified for promotion.