The Service Commissions

THE SERVICE COMMISSIONS ACT, 2016
A RRANGEMENT OF S ECTIONS
PART I
P RELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
3. Values and principles of public service
4. Values and principles of human resource management in public service
PART II
THE S ERVICE C OMMISSIONS
The Judicial Service Commission
5. Composition of Judicial Service Commission
6. Functions of Judicial Service Commission
The Civil Service Commission
7. Composition of Civil Service Commission
8. Functions of Civil Service Commission
The Teaching Service Commission
9. Composition of Teaching Service Commission
10. Functions of Teaching Service Commission
The Zambia Correctional Service Commission
11. Composition of Zambia Correctional Service Commission
12. Functions of Zambia Correctional Service Commission
The Zambia Police Service Commission
13. Composition of Zambia Police Service Commission
14. Functions of Zambia Police Service Commission
The Local Government Service Commission
15. Composition of Local Government Service Commission
16. Functions of Local Government Service Commission
Service Commissions [No.

ervice Commission
15. Composition of Local Government Service Commission
16. Functions of Local Government Service Commission
Service Commissions [No.

10 of 2016 373
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K52.00 each

10 of 2016 373
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K52.00 each

374 No. 10 of 2016] Service Commissions
PART III
P ROVISIONS A PPLICABLE TO ALL S ERVICE C OMMISSIONS
17. Exercise of powers by Commission
18. Eligibility for appointment as member of Commission
19. Tenure of office of members
20. Secretary and other staff
21. Oath on appointment
22. Vacancies
23. Proceedings of Commission
24. Committees of Commission
25. Remuneration and allowances for members
26. Disclosure of interest
27. Prohibition of publication or disclosure of information to unauthorised persons
28. Reports of Commission privileged
29. Immunities of members and staff
30. Expenses of Commission
PART IV
H UMAN R ESOURCE M ANAGEMENT COMMITTES
31. Appointment of officers to offices in Public Service
32. Responsible Officer
33. Establishment of human resource management committees
34. Functions of committee
35. Sub committees of human resource management committee
36. Records
37. Reports
38. Secretariat
PART V
GENERAL P ROVISIONS
39. Wilful provision of false or misleading information
40. Prohibition of influencing Commission
41. Regulations
42. Repeal of Cap. 259 and Part X of Cap. 281
43. Transitional provisions

eading information
40. Prohibition of influencing Commission
41. Regulations
42. Repeal of Cap. 259 and Part X of Cap. 281
43. Transitional provisions

Service Commissions [No. 10 of 2016 375
Short title
and
commencement
Interpretation
An Act to provide for a principled and value based
decentralised human resource management system for
the public service; provide for the composition, additional
functions, operations and financial management of the
Judicial Service Commission, Civil Service Commission,
Teaching Service Commission, Zambia Correctional
Service Commission, Zambia Police Service Commission
and Local Government Service Commission pursuant to
the Constitution; provide for the establishment of human
resource management committees in Government
institutions; repeal and replace the Service Commissions
Act, 1991; repeal Part X of the Local Government Act,
1991; and provide for matters connected with, or incidental
to, the foregoing. [7th June, 2016
PART I
P RELIMINARY PROVISIONS
1. (1) This Act may be cited as the Service Commissions Act,
2016. (2) This Act shall come into operation on such date as the Minister
may appoint by statutory instrument. 2.

ited as the Service Commissions Act,
2016. (2) This Act shall come into operation on such date as the Minister
may appoint by statutory instrument. 2.

In this Act, unless the context otherwise requires—
“appropriate Commission” in relation to—
(a) an office, means the Service Commission which, under
this Act, is charged with responsibility in respect of that
office; and
(b) a Government institution, means the Service Commission
which, under this Act, is charged with responsibility for
the offices in that Government institution;
“associate” means—
GOVERNMENT OF ZAMBIA
ACT
No. 10 of 2016
Date of Assent: 6th June, 2016

sponsibility for
the offices in that Government institution;
“associate” means—
GOVERNMENT OF ZAMBIA
ACT
No. 10 of 2016
Date of Assent: 6th June, 2016

376 No. 10 of 2016] Service Commissions
Cap. 24
Cap. 1
Cap. 1
Cap.

376 No. 10 of 2016] Service Commissions
Cap. 24
Cap. 1
Cap. 1
Cap.

1
(a) a person who is a nominee or an employee of a member;
(b) a conjugal partner or former spouse of a member;
(c) a firm of which a member, or the member’s nominee, is a
partner or a person in charge or in control of its business
or affairs;
(d) a company in which a member or the member’s nominee,
is a director or is in charge or in control of its business
or affairs, or in which a member, alone or together with
the member’s nominee, holds a controlling interest or
shares amounting to more than thirty percent of the total
share capital; or
(e) the trustee of a trust, where —
(i) the trust has been created by a member; or
(ii) the total value of the assets contributed by a
member before or after the creation of the trust,
amounts at any time, to not less than twenty
percent of the total value of the assets of the
trust;
“Chief Administrator’ has the meaning assigned to it in the
Judicature Administration Act;
“Civil Service” means the Civil Service established by the
Constitution;
“Civil Service Commission” means the Civil Service
Commission established by the Constitution;
“Commission” means, as the case may require, the Judicial
Service Commission, Civil Service Commission, Teaching
Service Commission, Zambia Correctional Service
Commission, Zambia Police Service Commission or Local
Government Service Commission;
“committee” means a human resource management
committee established under section thirty-three;
“ councillor ” has the meaning assigned to it in the Constitution;
“Emoluments Commission” means the Emoluments
Commission established by the Constitution;
“employee” includes a person holding or acting in an office,
and “ employed ”, “ employer” and other cognate terms
shall be construed accordingly;
Cap.

employee” includes a person holding or acting in an office,
and “ employed ”, “ employer” and other cognate terms
shall be construed accordingly;
Cap.

1

1

Service Commissions [No. 10 of 2016 377
Cap. 259
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap.

Service Commissions [No. 10 of 2016 377
Cap. 259
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap.

1
“Government institution” includes a Government Ministry,
department, agency or institution, a statutory body,
commission and a local authority;
“Judicial Service” means the Judicial Service established by
the Constitution;
“Judicial Service Commission” means the Judicial Service
Commission established by the Constitution;
“local authority” has the meaning assigned to it in the
Constitution;
“Local Government Service” means the Local Government
Service established by the Constitution;
“Local Government Service Commission” means the Local
Government Service Commission established by the
Constitution;
“member” means a member of a Commission;
“ oath ” has the meaning assigned to it in the Constitution;
“public service” has the meaning assigned to it in the
Constitution;
“relative” means—
(a) a member’s son, daughter, brother, sister, nephew, niece,
parent, uncle, aunt, grandparent or cousin; and
(b) a member’s spouse or the spouse of any of the persons
mentioned in paragraph (a);
“relevant regulations” means the regulations made by an
appropriate Commission under section forty-one;
“relevant responsible officer in relation to a committee” means
the responsible officer of the Government institution of
which the committee is part;
“repealed Act” means the Service Commissions Act;
“responsible officer” means an officer appointed as such
pursuant to Part IV;
“Secretary to the Cabinet” means the person appointed as
such under the Constitution;
“Service Commissions” means the Judicial Service
Commission, Civil Service Commission, Teaching Service
Commission, Zambia Correctional Service Commission,
Zambia Police Service Commission and Local Government
Service Commission;
Cap.

n, Teaching Service
Commission, Zambia Correctional Service Commission,
Zambia Police Service Commission and Local Government
Service Commission;
Cap.

1

1

Cap. 106
Cap. 1
378 No. 10 of 2016] Service Commissions
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Values and
principles of
public
service
Cap. 1
“separation”means the termination of an
employment relationship whether by retirement, resignation,
retrenchment, redundancy or dismissal;
“Teaching Service” means the Teaching Service established
by the Constitution;
“Teaching Service Commission” means the Teaching Service
Commission established by the Constitution;
“Zambia Correctional Service” means the Zambia
Correctional Service established by the Constitution;
“Zambia Correctional Service Commission” means the
Zambia Correctional Service Commission established by
the Constitution;
“Zambia Defence Force” has the meaning assigned to it in
the Defence Act;
“Zambia Police Service”means the Zambia Police Service
established by the Constitution; and
“Zambia Police Service Commission” means the Zambia
Police Service Commission established by the Constitution. 3.

established by the Constitution; and
“Zambia Police Service Commission” means the Zambia
Police Service Commission established by the Constitution. 3.

The values and principles of the public service include—
(a) responsive, prompt, effective, impartial and equitable
provision of services;
(b) efficient, effective and economic use of national
resources;
(c) high standard of integrity and professional ethics;
(d) inclusiveness in the policy-making process;
(e) accountability for administrative acts;
(f) subject to paragraph (g), fair competition and merit as
the basis of appointments and promotions; and
(g) affording adequate and equal opportunities for
appointment, training and advancement at all levels of
the public service of—
(i) both gender;
(ii) members of all ethnic groups; and
(iii) the youth and persons with disabilities.

ncement at all levels of
the public service of—
(i) both gender;
(ii) members of all ethnic groups; and
(iii) the youth and persons with disabilities.

Service Commissions [No. 10 of 2016 379
Values and
principles of
human
resource
management
in public
service
Composition
of Judicial
Service
Commission
4. The values and principles of human resource management
in the public service include—
(a) qualification, merit, competence, relevant experience and
good conduct as the basis of appointment and promotion;
(b) competitive selection in filling vacancies;
(c) impartiality and fairness in the exercise of disciplinary
action;
(d) equal opportunities for appointments, training and
advancement of members of both gender and members
of all ethnic groups; and
(e) consideration of the youth and persons with disabilities in
the appointments to public service. PART II
THE S ERVICE COMMISION
The Judicial Service Commission
5.

on of the youth and persons with disabilities in
the appointments to public service. PART II
THE S ERVICE COMMISION
The Judicial Service Commission
5.

(1) The Judicial Service Commission consists of—
(a) the Chairperson, appointed by the President and who is
a person who holds or qualifies to hold high judicial office
or has held high judicial office;
(b) a judge nominated by the Chief Justice;
(c) the Attorney-General, with the Solicitor-General as the
alternate;
(d) the Permanent Secretary responsible for public service
management;
(e) a magistrate nominated by the Chief Justice;
(f) a representative of the Law Association of Zambia
nominated by that Association and appointed by the
President;
(g) the Dean of a Law School of a public higher education
institution, nominated by the Minister responsible for
justice; and
(h) one member appointed by the President. (2) The Vice-Chairperson of the Commission shall be elected
by the members from amongst themselves, except that the members
referred to in paragraphs (b), (c) and (e) of subsection (1) shall
not be appointed or elected as Vice-Chairperson.

hemselves, except that the members
referred to in paragraphs (b), (c) and (e) of subsection (1) shall
not be appointed or elected as Vice-Chairperson.

Functions of
Judicial
Service
Commission
Cap. 1
Composition
of Civil
Service
Commission
Functions of
Civil Service
Commission
Cap. 1
6. The functions of the Judicial Service Commission are as
provided in the Constitution and to—
(a) make recommendations to the President regarding the
appointment and terms and conditions of service of the
Chief Administrator;
(b) appoint, confirm, promote, second, re-grade, transfer,
discipline and separate the employees of the Judicial
Service;
(c) authorise the withholding, reduction, deferment or
suspension of salary of employees in the Judicial Service;
(d) hear and determine complaints and appeals from
employees in the Judicial Service; and
(e) perform such other functions as are necessary or
incidental to the regulation of human resource
management in the Judicial Service. The Civil Service Commission
7. The Civil Service Commission consists of the following full-
time members appointed by the President:
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five other members. 8.

consists of the following full-
time members appointed by the President:
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five other members. 8.

(1) The functions of the Civil Service Commission are as
provided in the Constitution and to—
(a) second, re-grade, transfer and separate employees in the
Civil Service;
(b) facilitate the transfer of employees across the Service
Commissions;
(c) transfer employees from one Government institution to
another Government institution within the Civil Service;
(d) authorise the withholding, reduction, deferment or
suspension of salary of employees in the Civil Service;
(e) hear and determine complaints and appeals from
employees whose cases have been determined by
Government institutions within the Civil Service;
(f) set and promote a code of ethics and human resource
management principles and values for the Civil Service,
in accordance with the values and principles set out in
section four;
380 No. 10 of 2016] Service Commissions

ciples and values for the Civil Service,
in accordance with the values and principles set out in
section four;
380 No. 10 of 2016] Service Commissions

Service Commissions
Composition
of Teaching
Service
Commission
Functions of
Teaching
Service
Commission
Cap. 1
(g) establish standards and guidelines on human resource
management for the Civil Service;
(h) monitor and evaluate compliance with the code of ethics,
human resource management principles and values and
any other standards and guidelines on human resource
management for the Civil Service in the execution of
delegated powers and functions by the
Governmentinstitutions within the Civil Service;
(i) impose appropriate sanctions, including withdrawal of
delegated human resource management functions, on
erring Government institutions within the Civil Service;
and
(j) perform such other functions as are necessary or
incidental to the regulation of human resource
management in the Civil Service. (2) The Civil Service Commission may, by regulation, delegate
any of its functions to responsible officers or human resource
management committees. (3) References in subsection (1) to Government institutions
include references to responsible officers and committees of
Government institutions.

ees. (3) References in subsection (1) to Government institutions
include references to responsible officers and committees of
Government institutions.

(4) For purposes of this section, a Government institution is
within the Civil Service if the employees of the Government
institution are in the Civil Service. The Teaching Service Commission
9. The Teaching Service Commission consists of the following
full-time members appointed by the President:
(a) the Chairperson;
(b) the Vice Chairperson; and
(c) five other members. 10. (1) The functions of the Teaching Service Commission are
as provided in the Constitution and to—
(a) second, transfer, re-grade and separate employees in the
Teaching Service;
(b) facilitate the transfer of staff across the Service
Commissions;
[No. 10 of 2016 381

fer, re-grade and separate employees in the
Teaching Service;
(b) facilitate the transfer of staff across the Service
Commissions;
[No. 10 of 2016 381

Composition
of Zambia
Correctional
Service
Commission
(c) transfer employees from one Government institution to
another Government institution within the Teaching
Service;
(d) authorise the withholding, reduction, deferment or
suspension of salary of employees in the Teaching
Service;
(e) hear and determine complaints and appeals from
employees whose cases have been determined by
Government institutions within the Teaching Service;
(f) in consultation with the Teaching Council, set and promote
a code of ethics and human resource management
principles and values for the Teaching Service, in
accordance with the values and principles set out in
section four;
(g) establish standards and guidelines on human resource
management for the Teaching Service;
(h) monitor and evaluate compliance with the code of ethics,
human resource management principles and values and
any other standards and guidelines on human resource
management for the Teaching Service, in the execution
of delegated powers and functions by Government
institutions in the Teaching Service;
(i) impose appropriate sanctions, including withdrawal of
delegated human resource management functions, on
erring Government institutions within the Teaching
Service; and
(j) perform such other functions as are necessary or
incidental to the regulation of human resource
management in the Teaching Service.

g
Service; and
(j) perform such other functions as are necessary or
incidental to the regulation of human resource
management in the Teaching Service.

(2) The Teaching Service Commission may, by regulations,
delegate any of its functions to responsible officers or committees. (3) References in subsection (1) to Government institutions
include references to responsible officers and committees of
Government institutions. (4) For purposes of this section, a Government institution is
within the Teaching Service if the employees of the Government
institution are in the Teaching Service. The Zambia Correctional Service Commission
11. The Zambia Correctional Service Commission consists of the
following full-time members appointed by the President:
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five other members. 382 No. 10 of 2016] Service Commissions

members appointed by the President:
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five other members. 382 No. 10 of 2016] Service Commissions

Service Commissions
Functions of
Zambia
Correctional
Service
Commission
12.

Service Commissions
Functions of
Zambia
Correctional
Service
Commission
12.

(1) The functions of the Zambia Correctional Service
Commission are as provided in the Constitution and to—
(a) second, transfer, re-grade and separate employees in the
Correctional Service;
(b) facilitate the transfer of staff across the Service
Commissions;
(c) transfer employees from one Government institution to
another Government institution within the Zambia
Correctional Service;
(d) authorise the withholding, reduction, deferment or
suspension of salary of employees in the Zambia
Correctional Service;
(e) hear and determine complaints and appeals from
employees whose cases have been determined by
Government institutions within the Zambia Correctional
Service;
(f) set and promote a code of ethics and human resource
management principles and values for the Zambia
Correctional Service, in accordance with the values and
principles set out in section four;
(g) establish standards and guidelines on human resource
management for the Zambia Correctional Service;
(h) monitor and evaluate compliance with the code of ethics,
human resource management principles and values and
any other standards and guidelines on human resource
management for the Zambia Correctional Service, in
the execution of delegated powers and functions by the
Government institutions within the Zambia Correctional
Service;
(i) impose appropriate sanctions, including withdrawal of
delegated human resource management functions, on
erring Government institutions in the Zambia
Correctional Service; and
(j) perform such other functions as are necessary or
incidental to the regulation of human resource
management in the Zambia Correctional Service.

and
(j) perform such other functions as are necessary or
incidental to the regulation of human resource
management in the Zambia Correctional Service.

(2) The Commission may, by regulation, delegate any of its
functions to responsible officers or human resource management
committees. (3) References in subsection (1) to Government institutions
include references to responsible officers and committees of
Government institutions. [No. 10 of 2016 383

in subsection (1) to Government institutions
include references to responsible officers and committees of
Government institutions. [No. 10 of 2016 383

Composition
of Zambia
Police Service
Commission
Functions of
Zambia
Police
Service
Commission
Cap.1
(4) For purposes of this section, a Government institution is
within the Zambia Correctional Service if the employees of the
Government institution are in the Zambia Correctional Service. The Zambia Police Service Commission
13. The Zambia Police Service Commission consists of the
following full-time members appointed by the President:
(a) the Chairperson;
(b) the Vice Chairperson; and
(c) five other members. 14.

consists of the
following full-time members appointed by the President:
(a) the Chairperson;
(b) the Vice Chairperson; and
(c) five other members. 14.

(1) The functions of the Zambia Police Service
Commission are as provided in the Constitution and to—
(a) second, transfer, re-grade and separate employees in the
Zambia Police Service;
(b) facilitate the transfer of staff across the Service
Commissions;
(c) transfer employees from one Government institution to
another Government institution within the Zambia Police
Service;
(d) authorise the withholding, reduction, deferment or
suspension of salary of employees in the Zambia Police
Service;
(e) hear and determine complaints and appeals from
employees whose cases have been determined by
Government institutions within the Zambia Police
Service;
(f) set and promote a code of ethics and human resource
management principles and values for the Zambia Police
Service, in accordance with the values and principles
set out in section four;
(g) establish standards and guidelines on human resource
management for the Zambia Police Service;
(h) monitor and evaluate compliance with the code of ethics,
human resource management principles and values and
any other standards and guidelines on human resource
management for the Zambia Police Service, in the
execution of delegated powers and functions by the
Government institutions within the Zambia Police
Service;
(i) impose appropriate sanctions, including withdrawal of
delegated human resource management functions, on
erring Government institutions in the Zambia Police
Service; and
384 No.

ns, including withdrawal of
delegated human resource management functions, on
erring Government institutions in the Zambia Police
Service; and
384 No.

10 of 2016] Service Commissions

10 of 2016] Service Commissions

Composition
of Local
Government
Service
Commission
Functions of
Local
Government
Service
Commission
Cap. 1
(j) perform such other functions as are necessary or incidental
to the regulation of human resource management in the
Zambia Police Service. (2) The Commission may, by regulation, delegate any of its
functions to responsible officers or committees. (3) References in subsection (1) to Government institutions
include references to responsible officers and human resource
management committees of Government institutions. (4) For purposes of this section, a Government institution is within
the Zambia Police Service if the employees of the Government
institution are in the Zambia Police Service. The Local Government Service Commission
15. The Local Government Service Commission consists of
the following full-time members appointed by the President:
(a) the Chairperson;
(b) the Vice Chairperson; and
(c) five other members. 16.

consists of
the following full-time members appointed by the President:
(a) the Chairperson;
(b) the Vice Chairperson; and
(c) five other members. 16.

(1) The functions of the Local Government Service
Commission are as provided in the Constitution and to—
(a) second, re-grade, transfer and separate employees in the
Local Government Service;
(b) facilitate the transfer of staff across the Service
Commissions;
(c) transfer employees from one local authority to another
local authority within the Local Government Service;
(d) authorise the withholding, reduction, deferment or
suspension of salary of employees in the Local
Government Service;
(e) hear and determine complaints and appeals from
employees whose cases have been determined by local
authorities within the Local Government Service;
(f)set and promote a code of ethics and human resource
management principles and values for the Local
Government Service, in accordance with the values and
principles set out in section four;
Service Commissions [No. 10 of 2016 385

values for the Local
Government Service, in accordance with the values and
principles set out in section four;
Service Commissions [No. 10 of 2016 385

Exercise of
powers by
Commissions
Eligibility for
appointment
as
member of
Commission
Cap. 1
(g) establish standards and guidelines on human resource
management for the Local Government Service;
(h) monitor and evaluate compliance with the code of ethics,
human resource management principles and values and
any other standards and guidelines on human resource
management for the Local Government Service, in
the execution of delegated powers and functions by
the local authorities within the Local Government
Service;
(i) impose appropriate sanctions, including withdrawal of
delegated human resource management functions, on
erring local authorities within the Local Government
Service; and
(j) perform such other functions as are necessary or
incidental to the regulation of human resource
management in the Local Government Service. (2) The Local Government Service Commission may, by
regulation, delegate any of its functions to responsible officers or
committees. (3) References in subsection (1) to local authorities include
references to responsible officers and committees of local
authorities.

s or
committees. (3) References in subsection (1) to local authorities include
references to responsible officers and committees of local
authorities.

(4) For purposes of this section, a local authority is within the
Local Government Service if the employees of the local authority
are in the Local Government Service. PART III
P ROVISIONS A PPLICABLE TO ALL S ERVICE C OMMISSIONS
17. A Commission shall exercise its powers in connection with
an office for which it is responsible under this Act in accordance
with the provisions of the relevant regulations. 18. (1) Subject to the Constitution and the other provisions of
this Act, a person is not eligible for appointment as a member of a
Commission if that person—
(a) is adjudged or declared bankrupt under any written law;
(b) is a member of the National Assembly;
(c) is a councillor;
(d) is not a citizen of Zambia;
(e) is detained under any written law or that person’s
freedom of movement is restricted;
386 No. 10 of 2016] Service Commissions

a citizen of Zambia;
(e) is detained under any written law or that person’s
freedom of movement is restricted;
386 No. 10 of 2016] Service Commissions

Tenure of
office of
members
Secretary and
other staff
Oath on
appointment
Cap. 5
Cap. 5
Vacancies
(f) is a member of another Commission;
(g) holds an office in a political party; or
(h) does not have at least ten years experience in—
(i) public management;
(ii) finance and administration;
(iii) human resource management; or
(iv) labour law. (2) Subsection (1) does not apply to a person who is eligible for
appointment as a member of a Commission by virtue of the office
which the person occupies. 19. Subject to the other provisions of this Act, a member of a
Commission shall hold office for a term of five years and may be
re-appointed for a further term of five years. 20. A Commission shall appoint a Secretary to that Commission
and such other members of staff as the Commission considers
necessary for its purposes. 21. (1) A member of a Commission shall, on appointment, take
an oath in accordance with the Official Oaths Act. (2) The Secretary, and other members of staff of a Commission
shall, on appointment, take an oath in accordance with the Official
Oaths Act. 22.

Act. (2) The Secretary, and other members of staff of a Commission
shall, on appointment, take an oath in accordance with the Official
Oaths Act. 22.

(1) Subject to the provisions of this Act, the office of a
member of a Commission becomes vacant—
(a) at the expiry of the term for which the member was
appointed or re-appointed;
(b) upon the member’s death;
(c) if the member is adjudged or declared bankrupt under
any written law;
(d) if the member is absent from three consecutive meetings
of the Commission of which the member has had notice,
without the prior approval of the Commission;
(e) upon the expiry of one month=s notice of the member=s
intention to resign, given by the member, in writing, to
the President;
(f) if the member is mentally or physically incapable of
performing the functions of a member;
(g) if the member is removed by the President for inability
or failure to discharge the functions of office;
Service Commissions [No. 10 of 2016 387

;
(g) if the member is removed by the President for inability
or failure to discharge the functions of office;
Service Commissions [No. 10 of 2016 387

Proceedings
of
Commission
(h) if the member is convicted of an offence under this Act
or any other written law exceeding six months without
the option of a fine; or
(i) in the case of a member appointed in a representative
capacity or by virtue of the member’s office, upon the
member ceasing to be a representative or vacating
office, as the case may be. (2) The President shall, where there is a vacancy in the
membership of a Commission before the expiry of the term of
office, appoint another person to replace the member who vacates
office, but that person shall only hold office for the remainder of
the term. (3) Where there is a vacancy in the office of the Chairperson
of a Commission, the Vice Chairperson of the Commission shall
perform the functions of the Chairperson until the President appoints
the Chairperson.

n
of a Commission, the Vice Chairperson of the Commission shall
perform the functions of the Chairperson until the President appoints
the Chairperson.

(4) Where the offices of both the Chairperson and the Vice
Chairperson of a Commission are vacant, or if the persons holding
both offices are for any reason unable to perform the functions of
office, until persons are appointed to those offices and assume
the functions of office or the persons holding those offices resume
their functions, the functions shall be performed by such member
of the Commission as the President may designate. (5) Where at any time, there are less than three members of a
Commission or less than four members in the case of the Judicial
Service Commission besides the Chairperson or the member
appointed to act as Chairperson is, for any reason, unable to
perform the functions of office, the President may appoint a suitably
qualified person as a member of the Commission and the person
so appointed shall continue to act as a member until—
(a) the office in which that person is acting is filled;
(b) the holder of that office resumes the functions; or
(c) that person’s appointment to act is revoked by the
President. 23. (1) Subject to the other provisions of this Act, a Commission
may regulate its own procedure.

on’s appointment to act is revoked by the
President. 23. (1) Subject to the other provisions of this Act, a Commission
may regulate its own procedure.

(2) A Commission shall meet for the transaction of its business
at least twice in each quarter of the year at such places and times
as the Chairperson may determine. 388 No. 10 of 2016] Service Commissions

business
at least twice in each quarter of the year at such places and times
as the Chairperson may determine. 388 No. 10 of 2016] Service Commissions

(3) The Chairperson may, upon giving notice of not less than
seven days, call a meeting of a Commission and shall call a special
meeting to be held within seven days of receipt of a written request
to the Chairperson by at least three members. (4) The Chairperson may, if the urgency of any particular matter
does not permit the giving of the notice required under subsection
(3), call a special meeting of the Commission on giving shorter
notice. (5) The quorum at a meeting of a Commission, other than the
Judicial Service Commission, is four members. (6) The quorum at a meeting of the Judicial Service Commission
is five members. (7) There shall preside at any meeting of a Commission—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice Chairperson;
and
(c) in the absence of both the Chairperson and Vice
Chairperson, such member as the members present shall
elect for the purpose of that meeting. (8) A decision of a Commission shall be made by the majority
of the members present and voting at the meeting and in the event
of an equality of votes, the Chairperson shall have a casting vote,
in addition to a deliberative vote.

ent and voting at the meeting and in the event
of an equality of votes, the Chairperson shall have a casting vote,
in addition to a deliberative vote.

(9) A decision of a Commission may be made without a meeting
by circulating an agenda, the proposed decision and any other
relevant documents among the members and the members endorsing
the proposed decision, in writing, except that any member is entitled
to require that the decision be deferred until the subject matter is
considered at a meeting of the Commission. (10) A member may dissent from a decision of a Commission
and have the member=s declaration of interest or dissent and reasons
set out in the record of the meeting at which the decision is made. (11) A Commission may invite any person whose presence is
in its opinion desirable to attend and participate in the deliberations
of a meeting of the Commission, but that person shall have no vote. (12) The validity of any proceedings, act or decision of a
Commission shall not be affected by a vacancy in the membership
of the Commission or by a defect in the appointment of any member
or by reason that a person not entitled to do so, took part in the
proceedings. Service Commissions [No. 10 of 2016 389

the appointment of any member
or by reason that a person not entitled to do so, took part in the
proceedings. Service Commissions [No. 10 of 2016 389

Committees
of
Commission
Remuneration
and
allowances
for members
Disclosure
of
interest
Prohibition
of
publication
or
disclosure of
information
to
unauthorised
persons
(13) A Commission shall cause minutes to be kept of the
proceedings of every meeting of the Commission and a committee
established by the Commission. 24. (1) A Commission may, for the purpose of performing
its functions under this Act, constitute any committee and delegate
to the committee any of its functions under this Act. (2) A Commission may appoint as a member of a committee
constituted under subsection (1), a person who is or is not a member
of the Commission and such person shall hold office for such period
as the Commission determines. (3) Subject to any specific or general direction of the
Commission and relevant regulations, a committee may regulate
its own procedure. 25. A member of a Commission or a committee of a
Commission shall be paid such remuneration and allowances as
the Emoluments Commission determines. 26.

5. A member of a Commission or a committee of a
Commission shall be paid such remuneration and allowances as
the Emoluments Commission determines. 26.

(1) A person who is present at a meeting of a Commission
or a committee of a Commission at which any matter is the subject
of consideration, and in which matter the person or that person’s
relative or associate is directly or indirectly interested in a private
capacity shall, as soon as is practicable after the commencement
of the meeting, disclose the interest and shall not, unless the
Commission or the committee otherwise directs, take part in any
consideration or discussion of, or vote on, any question relating to
that matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made. 27. (1) A person shall not, without the consent in writing given
by, or on behalf of, a Commission or committee of the Commission,
publish or disclose to any unauthorised person, otherwise than in
the course of discharging that person’s duties, the contents of any
document, communication or information which relates to or which
has come to the knowledge of that person in the course of discharging
that person’s duties under this Act.

on or information which relates to or which
has come to the knowledge of that person in the course of discharging
that person’s duties under this Act.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 390 No. 10 of 2016] Service Commissions

xceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 390 No. 10 of 2016] Service Commissions

Report of
Commission
privileged
Expenses of
Commission
Immunity of
members and
staff
Appointment
of
officers to
offices in
public service
Cap. 1
(3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subsection (1), unlawfully publishes or
communicates the information to any other person, commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. 28. (1) A report, statement or other communication or record
of a meeting, inquiry or proceeding of a Commission or a report,
statement or other communication or record made by a member
for purposes of the Commission in the course of duty, and any
application form, report or other communication dispatched to the
Commission in connection with the performance of its functions,
and in the possession of the Commission, is privileged and shall not
be produced in any legal proceeding unless the Chairperson so
directs in writing or a court so orders. (2) In this section “ court ” means a court of competent
jurisdiction. 29.

oceeding unless the Chairperson so
directs in writing or a court so orders. (2) In this section “ court ” means a court of competent
jurisdiction. 29.

An action or other proceeding shall not lie or be instituted
against a member or a member of staff of the Commission for any
act or thing done or omitted to be done in good faith in the exercise
or performance, or purported exercise or performance, of any of
the powers or functions conferred under this Act. 30. The expenses of a Commission shall be paid out of funds
appropriated by Parliament for the performance of the
Commission’s functions under this Act. PART IV
H UMAN R ESOURCE M AANAGEMENT
31. (1) Subject to the Constitution, the power to appoint persons
to hold or act in an office in the Civil Service, Teaching Service,
Zambia Correctional Service, Zambia Police Service and Local
Government Service, including the power to confirm appointments,
exercise disciplinary control over persons holding or acting in those
offices and remove the persons from office, vests in the President. (2) The President shall directly appoint persons to the following
offices:
(a) Deputy Secretary to the Cabinet, Inspector-General of
Police, Deputy Inspector-General of Police,
Service Commissions [No. 10 of 2016 391

offices:
(a) Deputy Secretary to the Cabinet, Inspector-General of
Police, Deputy Inspector-General of Police,
Service Commissions [No. 10 of 2016 391

Responsible
officer
Commissioner of Police, Commissioner-General of
Correctional Services, Deputy Commissioner-General
of Correctional Services, Commissioner of Correctional
Services and any other person holding or acting in any
of those offices;
(b) Ambassador, High Commissioner or Principal
Representative of Zambia in another country. (3) The powers of the President in relation to other offices in
the public service shall be exercised by the Service Commissions,
on the President’s behalf, in accordance with this Act. 32. (1) A public officer shall be appointed by the appropriate
Commission to be the responsible officer in respect of a Government
institution. (2) A public officer is eligible to be appointed as a responsible
officer if the public officer is—
(a) a Permanent Secretary;
(b) a Chief Executive of a statutory body;
(c) a Town Clerk;
(d) a Council Secretary;
(e) the head of a Government institution; or
(f) any other officer who is considered fit by the Commission.

(c) a Town Clerk;
(d) a Council Secretary;
(e) the head of a Government institution; or
(f) any other officer who is considered fit by the Commission.

(3) A responsible officer of a Government institution or local
authority shall serve as responsible officer for a period of five years
from the date of the officer’s appointment, and is eligible to be
re-appointed for a further term of five years. (4) A responsible officer shall have oversight over all human
resource matters in the Government institution for which the
responsible officer is appointed. (5) A responsible officer shall make the decisions delegated to
the officer on appointments, confirmations, promotions, separations,
regrading, secondments, transfers or disciplinary action in
accordance with relevant regulations and the specific and general
guidance and directions of the appropriate Commission. (6) The appropriate Commission may terminate the appointment
of an officer as a responsible officer if the officer—
(a) ceases to fall within paragraphs (a) to (f) of subsection
(2);
392 No. 10 of 2016] Service Commissions

er as a responsible officer if the officer—
(a) ceases to fall within paragraphs (a) to (f) of subsection
(2);
392 No. 10 of 2016] Service Commissions

Establishment
of human
resource
management
committees
Functions of
committee
(b) abuses the officer’s position as a responsible officer; or
(c) is incompetent. 33. (1) There is established a human resource management
committee in every Government institution. (2) A committee shall consist of the following members who
shall be appointed by the appropriate Commission:
(a) the head of each Government institution;
(b) a union representative nominated collectively by the trade
unions that represent employees of the Government
institution;
(c) two persons from outside the public service who are—
(i) members of the Zambia Institute of Human
Resource Management or any equivalent body
specified in relevant regulations; and
(ii) recommended by the relevant responsible officer;
and
(d) where the Government institution has no human resource
department, the public officer responsible for human
resource management. (3) The persons referred to in paragraphs (b) and (c) of
subsection (2) shall be members of the committee for a period of
five years, and may be re-appointed for a further period of five
years.

b) and (c) of
subsection (2) shall be members of the committee for a period of
five years, and may be re-appointed for a further period of five
years.

(4) Subject to any specific or general direction of a Commission
and any provision of relevant regulations, a committee shall regulate
its own procedure. (5) The committee of a Government institution shall not be
subordinate to any other committee on human resource management
of that or any other Government institution. (6) The appropriate Commission shall have regulatory and
oversight powers over a committee. 34. (1) A committee shall make recommendations to the
relevant responsible officer on all appointments, confirmations,
promotions, separations, re-gradings, secondments, transfers or
disciplinary action falling under the responsible officer under the
provisions of this Act, relevant regulations or directions issued by a
Commission. Service Commissions [No. 10 of 2016 393

sponsible officer under the
provisions of this Act, relevant regulations or directions issued by a
Commission. Service Commissions [No. 10 of 2016 393

Subcommittees
of human
resource
management
committee
Records
(2) Where the relevant responsible officer is satisfied with a
recommendation of the committee, the relevant responsible officer
shall implement the recommendation. (3) Where the relevant responsible officer is dissatisfied with a
recommendation of the committee, the relevant responsible officer
shall, with reasons, refer the matter to the committee for
re-consideration. (4) The committee shall reconsider the matter referred to it
under subsection (3) and confirm its original recommendation or
make a new recommendation to the relevant responsible officer. (5) Where the relevant responsible officer decides not to
implement a recommendation of the committee made after
reconsideration of a matter, the responsible officer shall send a
report to the appropriate Commission setting out the—
(a) recommendation made by the committee;
(b) the decision made by the responsible officer and the
reasons therefor; and
(c) any further information the responsible officer considers
would enable the Commission to understand the issues
involved.

the
reasons therefor; and
(c) any further information the responsible officer considers
would enable the Commission to understand the issues
involved.

(6) A person dissatisfied with a decision under subsection (5)
may appeal to the appropriate Commission. 35. (1) A committee may establish subcommittees to—
(a) address specified matters relating to human resource
management; or
(b) perform specified functions of the committee. (2) A committee may appoint as a member of a subcommittee
a person who is not a member of the committee. (3) A committee may terminate the appointment of a person
to a subcommittee at any time. (4) Subject to any specific or general directions of a committee
and any provision of relevant regulations, a subcommittee may
regulate its own procedure. 36. (1) A committee shall maintain records of its proceedings
and proceedings of its subcommittees. (2) The records shall be maintained for a period of an
employee’s service and a further period of ten years from the date
the employee’s separation. 394 No. 10 of 2016] Service Commissions

r a period of an
employee’s service and a further period of ten years from the date
the employee’s separation. 394 No. 10 of 2016] Service Commissions

Reports
Secretariat
Prohibition
of wilful
provision of
false or
misleading
information
Cap. 1
Prohibition
of
influencing
Commission
Regulations
37. A committee shall prepare quarterly and annual reports on
its proceedings and submit them to the appropriate Commission. 38. (1) The human resource department of a Government
institution shall serve as secretariat of the committee. (2) If a Government institution has no human resource department,
its officers who deal with human resource matters shall serve as
secretariat of the committee. PART V
GENERAL P ROVISIONS
39. (1) A person shall not, in relation to information which a
Commission is entitled to in the performance of its functions under
the Constitution or this Act, knowingly or negligently give the
Commission false or misleading information. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a term not
exceeding one year, or to
40. (1) A person shall not, otherwise than in the course of
that person’s duty, directly or indirectly, influence, or attempt to
influence, a decision of a Commission.

shall not, otherwise than in the course of
that person’s duty, directly or indirectly, influence, or attempt to
influence, a decision of a Commission.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a term not
exceeding one year, or to both. 41. (1) A Commission may in consultation with the Minister
under whose statutory function a Commission falls, by statutory
instrument, make regulations for the better carrying out of the
provisions of this Act. (2) Without prejudice to the generality of subsection (1),
regulations made under that subsection may provide for—
(a) the appointment, confirmation and promotion to any office
the Commission is responsible for;
(b) qualifications for appointment or promotion to any office;
(c) the disciplinary control of a person holding or acting in an
office;
(d) the termination of an appointment and removal of a
persons from office;
Service Commissions [No. 10 of 2016 395

on holding or acting in an
office;
(d) the termination of an appointment and removal of a
persons from office;
Service Commissions [No. 10 of 2016 395

Repeal of
Cap. 259
and Part X
of Cap. 281
Act No.24
of 1991
Cap. 281
(e) the transfer or secondment of any person holding any
office, whether within the service for which the
Commission is responsible or not;
(f) performance appraisal systems and contracts;
(g) the practice or procedure to be followed by a person or
body other than the Commission in performing functions
given or delegated to it by or under this Act;
(h) the consequences of a person or body failing to perform
a function in accordance with this Act or regulations
made under it, including sanctions or provision for the
function to be removed from that person or body;
(i) the consequences of any person contravening a provision
of this Act, code of ethics, standards, principles or
values; or
(j) treating any part of a Government institution as a separate
institution for some or all of the purposes of this Act.

rds, principles or
values; or
(j) treating any part of a Government institution as a separate
institution for some or all of the purposes of this Act.

(2) Regulations under this section may—
(a) make different provision for different cases or
circumstances;
(b) delegate, or authorise the Commission to delegate, any
of its functions;
(c) authorise a responsible officer or body to delegate any
functions that are given or delegated to that officer or
body by or under this Act; or
(d) provide for offences. (3) Regulations made by the Judicial Service Commission, Civil
Service Commission, Teaching Service Commission, Zambia
Correctional Service Commission, Zambia Police Service
Commission and Local Government Service Commission may
specify the offices over which the respective Commission is
responsible. 42. (1) The Service Commissions Act, 1991, is repealed. (2) Part X of the Local Government Act is repealed. 396 No. 10 of 2016] Service Commissions

e. 42. (1) The Service Commissions Act, 1991, is repealed. (2) Part X of the Local Government Act is repealed. 396 No. 10 of 2016] Service Commissions

Transitional
provisions
Cap. 259
Cap. 281
Cap. 259
Cap. 259
Cap. 259
Cap. 259
Cap. 281
43. (1) The property, rights, liabilities and employees of a
predecessor Service Commission shall, upon commencement of
this Act, be transferred to the relevant Service Commission. (2) Anything done by, or in relation to, a predecessor Service
Commission before the commencement of this Act is to be treated
as having been done by, or in relation to, the relevant Service
Commission. (3) Without prejudice to the generality of subsections (1), and
(2) the employment of any employee of the predecessor Service
Commission is not terminated by the employee’s transfer to the
relevant Service Commission. (4) The repeal in section forty-two does not affect the
employment of any person employed by virtue of the provisions
repealed.

nt Service Commission. (4) The repeal in section forty-two does not affect the
employment of any person employed by virtue of the provisions
repealed.

(5) In this section—
“ predecessor Service Commission ” means
(a) the Service Commissions established under section seven
of the repealed Act; and
(b) the Local Government Service Commission established
under the repealed Part X of the Local Government
Act;
which are abolished by the repeal of that section under the repealed
Act and that Part in the Local Government Act; and
“ relevant Service Commission ” means in relation to the—
(a) Public Service Commission established under section
seven of the repealed Act, the Civil Service Commission;
(b) Police and Prisons Service Commission established under
section seven of the repealed Act, the Zambia
Correctional Service Commission and the Zambia Police
Service Commission;
(c) Teaching Service Commission established under section
seven of the repealed Act, the Teaching Service
Commission; and
(d) Local Government Service Commission established under
the repealed Part X of the Local Government Act, the
Local Government Service Commission. Cap. 281
Service Commissions [No. 10 of 2016 397

398