Cap. 595 Art. 6Ministers and Ministers’ Secretariats.   Cap. 249.

(1) Where a Minister is assigned responsibility for any department, agency or entity of Government in terms of article

82 of the Constitution, that Minister shall, in line with article 92 of the Constitution, and without prejudice to article 6 of the

Interpretation Act, have the general direction and control of all departments, agencies and government entities that may be placed under his responsibility and may give directions directly to the head of the department, Chief Executive Officer, Board of Directors or any other employee falling within his responsibilities, on any matter, except matters where the head of department, Chief Executive Officer, Board of Directors or other employee is required by any law to act -

(a) independently; or

(b) in accordance with the direction of a person or authority other than the Minister:

Provided that where a Permanent Secretary has been appointed to supervise the relative department, agency or government entity the Minister shall inform the Permanent Secretary that he has given such directions:

Provided further that any public employee who receives directions from the Minister shall inform the Permanent Secretary forthwith that such directions have been given by the Minister.

(2) A Minister may be assigned responsibility for any department, agency or government entity including the departments listed in Part II of the Second Schedule.

(3) The staff assigned to the secretariat of a Minister, including advisors or consultants to the Minister, shall be deemed to be occupying positions of special trust and shall, even if they are public officers assigned on transfer, be appointed thereto on the basis of a definite contract.

(4) The Prime Minister may issue directives concerning the functions, administration and establishment of Ministers’ secretariats, the engagement of staff thereto, the terms and conditions under which such staff shall serve, and the conditions applicable upon termination or expiry of the contracts of such staff.

(5) Save as may otherwise be provided for by the Prime Minister’s directives, a Minister’s secretariat shall be under the supervision of a member of staff so designated who shall report to the Minister:

Provided that this shall be without prejudice to the provisions of article 17(7).

(6) The provisions of sub-articles (3), (4) and (5) shall apply to the secretariat of a Parliamentary Secretary. mutatis mutandis