Cap. 497 Art. 21Merit principle. Power to create, abolish and classify positions. Appointments to positions.

(1) Except as otherwise provided for in this or any other Act, appointments to public offices shall be made by competitive selection on merit.

(2) For the purpose of this article, competitive selection on merit means the selection of the candidate best suited for the office on the basis of an assessment of eligible candidates’ individual and relative merits against the requirements of that office.

*this article is not yet in force. to his employees. 23.* (1) A head of department may in writing create positions in his department in accordance with such directives and guidelines as may be issued in that respect by the Principal Permanent Secretary.

(2) Positions shall be classified, and the terms and conditions of service applicable thereto determined, in accordance with such directives and guidelines on classification as may be issued by the Principal Permanent Secretary with the approval of the Prime Minister.

(3) A head of department may retitle a position in his department and alter the duties attached to it, and if necessary the position shall be reclassified in accordance with subarticle (2): Provided that this subarticle shall not be read as conferring power to change the terms of an officer’s appointment during the course of that appointment.

(4) A head of department may abolish a position in his department only in the following cases:

(a) where a position has been filled through a contract of service for a fixed term or for the duration of a specified task, on the conclusion of that term or task; or

(b) if the position is vacant; or

(c) if the position is no longer needed by the department.

(5) No person in any position may be paid a remuneration which is less than that applicable to his grade.

24.* (1) A head of department may appoint a person to fill a position in a department under his charge in accordance with such directives and guidelines as may be issued by the Principal Permanent Secretary in relation thereto.

(2) Appointments to positions shall be made in the manner prescribed under articles 110 and 121(1) of the Constitution and in accordance with article 21, and before making an appointment to a position a head of department shall -

(a) advertise the position in such a manner as to allow eligible persons a reasonable opportunity to apply for the position; and

(b) appoint a selection panel to examine applicants and to make recommendations based on the criteria set out in article 21.

(3) Any person appointed to a position in terms of this article

*this article is not yet in force.

(4) A head of department may make an appointment to a position for a fixed term or for the duration of a specified task.

(5) An appointment for a fixed term may, subject to the provisions of any other law, be extended for one further term without recourse to a fresh call for applications.

(6) The Principal Permanent Secretary may issue directives and guidelines on matters of employment including but not limited to:

(a) the definition of eligibility requirements for positions; and

(b) the conditions under which heads may make appointments; so however that where the tasks that are to be carried out are intermittent or not on a regular basis, they shall be commissioned though a contract for service.

(7) The Principal Permanent Secretary shall consult with the Public Service Commission before issuing directives and guidelines under this article, and in so far as such directives and guidelines deal with matters falling within the scope of article 110(1) of the Constitution they may only be issued with the agreement of the Public Service Commission.

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