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Constitution of the Republic of Sierra Leone |
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CHAPTER X
THE PUBLIC SERVICE
PART I
THE PUBLIC SERVICE COMMISSION
Establishment of Public Service Commission.
151.
(1) There shall be a Public Service Commission which shall consist of a Chairman, not less than two and not more than four other members.
(2) The members of the Public Service Commission shall be appointed by the President, subject to the approval of Parliament.
(3) A person shall not be qualified to hold the office of a member of the Public Service Commission if he is a Member of Parliament, a Minister or a Deputy Minister, or if he holds or is acting in any public office.
(4) A person who has held office or who has acted as a member of the Public Service Commission shall not within a period of three years commencing with the date on which he last so held office or acted be eligible for appointment to any office, power to make appointments to which is vested by this Constitution in the Public Service Commission.
(5) The office of a member of the Public Service Commission, unless he sooner resigns or dies, shall become vacant—
(a) at the expiration of a period of five years from the date of his appointment or such shorter period not being less than three years as may be specified at the time of his appointment;
(b) if any circumstances arise that if he were not a member of the Commission would cause him to be disqualified for appointment as such;
Provided that a member of the Public Service Commission shall retire at that age of sixty-five years.
(6) A member of the Public Service Commission may be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misconduct.
(7) Whenever the office of a member of the Public Service Commission is vacant or a member is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a member of the Commission, and any person so appointed shall, subject to the provisions of paragraph (b) of subsection (5), continue to act until his appointment is revoked by the President.
(8) A member of the Public Service Commission shall, before assuming the functions of his office, take and subscribe before the President the oath as set out in Third Schedule to this Constitution.
Appointments etc. of public officers.
152.
(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or act in offices in the public service (including power to make appointments on promotion and to confirm appointments) and to dismiss and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission.
(2) The President may, subject to such conditions as he may think fit, delegate any of his functions relating to the making of appointments, including power to make appointments on promotion and to confirm appointments, bi directions in writing to the Public Service Commission or to a committee thereof or to any member of the Commission or to any public officer.
(3) Before the Public Service Commission appoints to any public office any person holding or acting in any office, the power to make appointments to which is not vested in the Public Service Commission, it shall consult the person or authority in whom that power is vested.
(4) The Public Service Commission shall, upon request made to it by any person or authority having power to make an appointment to an office under this Constitution or in any other public institution, make recommendations to that person or authority for the appointment of any public officer or any other person to an office, the power to make appointment to which is vested by the Constitution or any other law in that person, authority or public institution.
(5) the power to transfer persons holding or acting in offices in the public service from one department of Government to another shall, where such transfer does not involve promotion, vest in the Public Service Commission.
(6) The provisions of this section shall not apply in relation to any of the following offices—
(a) the office of any Justice of the Supreme Court or of the Court of Appeal or a Judge of the High Court;
(b) the office of the Director of Public Prosecutions;
(c) the office of Auditor-General;
(d) any office to which section 141 (which relates to offices within the jurisdiction of the Judicial and Legal Service Commission) applies;
(e) any office to which section 153 (which relates to the offices of Ambassadors and certain offices) applies;
(f) any office to which section 154 (which relates to the offices of the Permanent Secretaries and certain other offices) applies; and
(g) any office the remuneration of which is calculated on a daily rate;
Provided that the power of transfer vested in the Public Service Commission under subsection (5) may be exercised in the case of persons holding any of the offices specified in this subsection where such persons express their consent in writing to such transfer.
(7) No appointment shall be made under this section to any office on the personal staff of the President or the Vice-President, unless he signifies his personal approval of the appointment.
(8) The Public Service Commission shall not dismiss or indict any other punishment on a public officer on grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him, unless the Judicial and Legal Service Commission concurs therein.
(9) No member of the Public Service shall be—
(a) victimised or discriminated against directly or indirectly for having discharged his duties faithfully in accordance with this Constitution, or
(b) dismissed or removed from office or reduced in rank or otherwise punished without just cause.
(10) The Public Service Commission may, with the prior approval of the President, make regulations by constitutional instrument for the effective and efficient performance of its functions under this Constitution or any other law, and may, with such prior approval and subject to such conditions as it may think fit, delegate any of its powers under this section by directions in writing to any of its membership or to any public officer.
(11) Save as is otherwise provided in this Constitution, the Public Service Commission shall not be subject to the control or direction or any other person or authority in the performance of its functions under this Constitution or any other law.
Appointment of the principal representatives of Sierra Leone abroad.
153.
(1) The power to appoint persons to hold or act in the office to which this section applies (including the power to transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the President.
The offices to which this section applies are the offices of Ambassadors, high Commissioners or other principal representatives of Sierra Leone abroad, the Commanders of the Armed Forces, and the Inspector-General of Police;
Provided that the appointment to these offices shall be subject to the approval of Parliament.
Appointment of Permanent Secretaries and certain other officers.
154.
(1) The power to appoint persons to hold or act in any of the offices to which this section applies (including the power to make appointments on promotion and transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the President acting in consultation with the Public Service Commission.
(2) The offices to which this section applies are the offices of Secretary to the Cabinet, Secretary to the Vice-President, Financial Secretary, Director-General of the Ministry of Foreign Affairs, Establishment Secretary, Development Secretary, Provincial Secretary and Permanent Secretary.
(3) Where any person holding an office mentioned in subsection (2) accepts another such office carrying higher remuneration, he shall, unless a contrary intention appears from the terms of his appointment, be deemed to have relinquished the office he was originally holding; where the second office does not carry higher remuneration, the question whether or not he shall be deemed to have relinquished the original office shall depend on the terms of his second appointment.
(4) Subject to the provisions of section 152 of this Constitution, where any person has been removed under subsection (1) from any office specified in subsection (2) he may notwithstanding such removal—
(a) remain in the Public Service;
(b) continue to receive a salary not less than the salary he received before such removal; and
(c) continue to be eligible for any benefit granted to him in respect of his service as a public officer, including benefits payable under any law providing for the grant of pensions, gratuities or both;
unless by such removal he ceases to be a member of the Public Service.
PART II
THE POLICE FORCE
Functions of Police Council.
(1) The Police Council shall advise the President on all major matters of policy relating to internal security, including the role of the Police Force, Police budgeting and finance, administration and any other matter as the President shall require.
(2) The Police Council may, with the prior approval of the President, make regulations for the performance of its functions under this Constitution or any other law, and for the effective and efficient administration of the Police Force.
(3) Regulations made pursuant to the provisions of subsection (2) shall include regulations in respect of
(a) the control and administration of the Police Force of Sierra Leone;
(b) the ranks of officers and men of each unit of the Police Force, the members in each such rank and the use of uniforms by such members;
(c) the conditions of service, including those relating to enrolment and to pay, pensions, gratuities and other allowances of officers and men of each unit and deductions therefrom;
(d) the authority and powers of command of officers and men of the Police Force; and
(e) the delegation to other persons of powers of commanding officers to discipline accused persons, and the conditions subject to which such delegation may be made.
PART III
RESIGNATIONS, RE-APPOINTMENTS AND PROTECTION OF PENSION
RIGHTS OF PUBLIC OFFICERS HOLDING ESTABLISHED OFFICES
Resignations and effect of new appointment of a person holding an established office.
159.
(1) Any person who is appointed or elect to, or otherwise selected for, any office established by this Constitution, including the office of Vice-President, Member of the Cabinet, Minister or Deputy Minister, may resign from that office by writing under his hand addressed tot he person or authority by whom he was appointed, elected or selected;
Provided that in the case of the Speaker of the Deputy Speaker his resignation from office shall be addressed to Parliament and in the case of a Member of Parliament his resignation from Parliament shall be addressed to the Speaker.
(2) The resignation of any person from any such office as referred to in subsection (1) shall take effect, where no date is specified, when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.
Re-appointment, etc.
160.
(1) Subject to the provisions of this Constitution, where any person has vacated any office established by this Constitution he may, if qualified, again be appointed, elected, or otherwise selected to hold that office.
(2) Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office.
Protection of pension rights.
161.
(1) The law applicable to any benefits to which this section applies shall, in relation to any person who has been granted, or who is eligible for the grant of such benefits, be that in force on the relevant date or any later law that is not less favourable to that person.
(2) In this section "the relevant date" means—
(a) in relation to any benefits granted before the twenty-seventh day of April, 1961, the date of which those benefits were granted;
(b) in relation to any benefits granted on or after the twenty-seventh day of April, 1961, to or in respect of any person who was a public officer before that date, the twenty-sixth day of April, 1961; and
(c) in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer on or after the twenty-seventh day of April, 1961, the date on which he becomes a public officer.
(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws.
(4) Any benefit to which this section applies (not being a benefit that is a charge upon some other public fund of Sierra Leone) shall be a charge upon the Consolidated Fund or upon such other Special Fund, whether contributory or non-contributory, as Parliament may prescribe.
(5) This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service.
(6) References to the law applicable to any benefits to which this section applies includes (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits.
(7) Notwithstanding any law or custom to the contrary, it shall be lawful for Parliament to enact that a personal shall not be entitled to a benefit under this section, unless he has contributed to a specified Fund created for the purpose.
PART IV
POWER AND PROCEDURE OF COMMISSIONS
AND COUNCILS, AND LEGAL PROCEEDINGS
Power of Commissions in relation to the grant of pensions.
162.
(1) Where any benefits to which this section applies can be withheld, reduced in amount or suspended by any law, those benefits shall not be so withheld, reduced in amount or suspended—
(a) in the case of benefits which have been granted in respect of service in the public service to any person who at the time when he ceased to be a public officer was subject to the jurisdiction of the Judicial and Legal Service Commission or for which any person may be eligible in respect of such service, without the approval of that Commission; or
(b) in any other case, without the approval of the Public Service Commission or the appropriate Council, as the case may be.
(2) No benefits to which this section applies that have been granted to or in respect of any person who is or has been a Judge of the High Court, a Justice of Appeal or of the Supreme Court or for which any such person or his widow, children, dependants or personal representatives may be eligible, shall be withheld, reduced in amount or suspended on the ground that that person has been guilty of misconduct or misbehaviour unless that person has been removed from judicial office by reason of such misconduct or misbehaviour.
(3) This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service whether on a contributory or non-contributory basis.
Power and procedure of Commissions.
163.
(1) Any Commission or Council established by this Constitution may, with the consent of the President and subject to the provisions of subsection (2), by regulation or otherwise regulate its own procedure and, confer or delegate powers or impose duties on any authority of the Government for the purpose of discharge of its functions.
(2) At any meeting of any Commission or Council established by this Constitution a quorum shall be constituted if three members are present; and if a quorum is present the Commission or Council shall not be disqualified for the transaction of business by reason of any vacancy among its members and any proceedings of the Commission or Council shall be valid notwithstanding that some person who was not entitled to do so took part therein.
Protection of Commissions from legal proceedings.
164. The question whether—
(a) any Commission or Council established by this Constitution has validly performed any function vested in it by or under this Constitution;
(b) any member of such a Commission or Council or any other person has validly performed any functions delegated to such member or person in pursuance of the provisions of subsection (1) of section 163 or, as the case may be, subsection (10) of section 152; or
(c) any member of such a Commission or Council or any other person or authority has validly performed any other function in relation to the work of the Commission or Council or in relation to any such functions as is referred to in paragraph (b),
shall not be inquired into in any Court.
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