and the Management Development Division at Cabinet Office have been implementing a far-reaching Public Service Reform Programme (PSRP) 19 . Source: Transparency International (National Integrity Systems) - Country Study Report (2003) 4.1 Legal basis Article 53 of the Constitution of Zambia Act No. 17 of 1996 provides for the Secretary to the Cabinet as head of the Public Service responsible to the President. The Secretary to the Cabinet is, subject to the ratification of the National Assembly, appointed by the President. Source: The Constitution of the Republic of Zambia The Secretary to the Cabinet is assisted by the Deputy Secretary to the Cabinet, also appointed by the President. Permanent Secretaries, who are appointed by the President, are the top Civil Servants in each Ministry. Source: Transparency International (National Integrity Systems) - Country Study Report (2003) General Orders regulate the appointment, promotion, transfer, discipline and conditions of service for public workers. 20 Source: Transparency International (National Integrity Systems) - Country Study Report (2003) The Industrial and Labour Relations Act of 1993 applies to both the public and private sectors. It does not apply to the Zambia Defence Force, the Zambia Police Force, the Zambia Prison Service, the Zambia Security Intelligence Service, and judges, registrars of the court, magistrates and local court justices. Source: International Labour Organization (IFP/DIALOGUE) - Zambia: Scope of the concepts on equal pay 4.2 Recruitment Following the restructuring of Ministries as part of the PSRP, recruitment of personnel in the Public Service is now supposed to be done on merit. Interviews are conducted by a panel of outsiders to ensure that only those qualified are employed. President Mwanawasa has demanded that Civil Service Examinations be re-introduced so that only those that are competent can get appointed or promoted. These were scheduled to begin in June 2002, funds allowing, but have not yet started (as of February 2003). 21 General Order 211 provides that a candidate for appointment to any post in the public service may be required to pass a qualifying examination before being appointed. General Order 213 mandates Civil Service Obligatory Examinations as a prerequisite for admission to the permanent and pensionable terms. But professional and technical officers are exempted from sitting the Civil Service Obligatory Examinations. 22 19 Click here for the First PRSP Implementation Progress Report (January 2002-June 2003) 20 According to allAfrica.com New Terms and Conductions of Service has replaced General Orders and Public Service Commission to ensure effective human resource management in the public service. 21 Interview with the Deputy Secretary to the Cabinet held on 19.05.2002 10 22 General Order 213 (c)
The Service Commissions Act requires the President to consult the appropriate Commission before appointing or disciplining certain high-level officers. With regard to lower level personnel , the powers of the President to appoint and discipline officers are, unless otherwise provided by a statute, exercised by the appropriate Commission.
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