Cap. 497 Art. 6Ministers and Ministers’ secretariats. Cap. 249.

(1) Where a Minister is assigned responsibility for any department 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.

(2) A Minister may be assigned responsibility for any department, agency or government entity including those 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: Provided that on the expiration or termination of the contract, the directives and guidelines mentioned in subarticle (4) shall apply.

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

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