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Public Service - Public Officers General Provisions (Ss 30-35)

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30.     General duties

          It shall be the duty of every public officer to adhere to the principles and standards set out in section 6 of this Act, and to the Constitution and other laws of Botswana.

31.     General conditions of work

          The provisions of Parts VIII and XII of the Employment Act shall apply with respect to conditions of work relating to hours of work and leave in general.

32.     Fees for official services

          An employee shall not receive and keep, for his or her own use, any fee, reward or remuneration of any kind beyond his or her emoluments for the performance of any service for the Government unless specially authorised by law, the terms of his or her appointment, or by the Permanent Secretary to the President in writing.

33.     Emoluments not to be ceded

          Subject to the provisions of any other written law, an employee shall not cede, assign or transfer the whole or any part of any salary or allowance payable to him or her without the written approval of the Director (given after consultation with the Permanent Secretary to the Ministry responsible for finance), or the Minister responsible for finance.

34.     Publications, interviews and use of official information

          Subject to the provisions of any other written law, every employee shall comply with the following rules of conduct-

    (a)     he or she shall not, without the express written permission of the Permanent Secretary to the President, act as the editor of a newspaper (not being a publication of the Government), nor take part directly or indirectly in the management thereof, nor publish in any manner anything which may be reasonably regarded as advocating for or against any political party or candidate but he or she may publish in his or her own name other matter relating to subjects of general interest;

    (b)     whether on duty or on leave of absence, shall not, except with due authority, allow himself or herself to be interviewed on questions of, or connected with, any matter affecting or relating to defence or to the military; and

    (c)     he or she shall not directly or indirectly reveal, or use for private purposes, any information coming to his or her knowledge or acquired by him or her of the nature or the contents of any document communicated to him or her either in the course of his or her duties or in his or her capacity, as an officer, otherwise than in the proper discharge of his duties as authorised by law or competent authority.

35.     Suspension

          (1) If the supervising officer becomes aware that criminal proceedings have been or are about to be instituted against an employee, or considers that disciplinary proceedings should be instituted against a public officer, and is of the opinion that such officer should be suspended from the performance of his or her duties pending the taking of proceedings against him or her, the supervising officer shall report the matter in writing to the Permanent Secretary recommending the suspension of such employee:

          Provided that where the Permanent Secretary is the supervising officer, he or she shall take such action as may be taken by a supervising officer in accordance with subsections (2) and (3).

          (2) On receipt of a report under subsection (1) the Permanent Secretary shall decide whether the employee should be suspended.

          (3) An employee's salary shall not be withheld during the period of his or her suspension.

          (4) Disciplinary proceedings may be brought and concluded against an employee notwithstanding that criminal proceedings arising out of the same facts are being investigated or are pending against that employee:

          Provided that no statement made or evidence given by the officer in the disciplinary proceedings shall be used against him or her in any criminal proceedings arising from the same facts.