Cap. 497 Art. 25Filling of positions by lateral appointment. Removal from positions. Surplus Pool.

(1) A head of department may opt to fill a position through the appointment of a public officer who holds a grade or position at a level comparable to the vacant position, such that the officer so appointed shall not obtain better terms and conditions, including salary, than those pertaining to his grade or to his previous position solely by virtue of this lateral appointment.

(2) Where a position is filled in terms of subarticle (1), a competitive selection need not be carried out and in this respect article 21 shall not apply to appointments made in accordance with this article.

26.* (1) A public officer may not be removed from a position except in the following cases:

(a) as a sanction in accordance with the Disciplinary Regulations; or

(b) at the end of the term for which the appointment to the position was made; or

(c) where the position is abolished.

(2) Where a public officer in a grade has been appointed to a position in accordance with the provisions of this Act, he shall retain his grade and shall, on the expiry or termination of his appointment to the position, be assigned work in his grade, unless

*this article is not yet in force.

(2) The Minister responsible for the public administration may, by Order in the Gazette, add new grades to the Third Schedule and abolish or retitle any of the grades listed therein.

(3) The Minister responsible for the public administration shall, after informing the Public Service Commission, establish the eligibility requirements for appointments to each grade including, where applicable, rules of progression.

(4) The Minister responsible for the public administration may delegate his powers under this article to the Principal Permanent Secretary or to other senior public officers in such respects, and under such conditions, as he may prescribe.

(5) Whenever the terms and conditions of a public officer’s appointment are in conflict with the Third Schedule, such terms and conditions shall prevail.

(6) Appointments to grades shall be made in the manner prescribed under articles 110 and 121(1) of the Constitution and based on the eligibility requirements prescribed under subarticle (3), and except as otherwise provided by the foregoing, in accordance with article 21.

28.* (1) In this article "Surplus Pool" means those public officers who are assigned thereto as provided by subarticle (2) because they are surplus to requirements, that is:

(a) they are not needed in their current posts and cannot be transferred or laterally appointed to other duties within their respective department; and

(b) they cannot be transferred to another department in terms of article 20.

(2) The Principal Permanent Secretary may by direction in writing assign a public officer who is surplus to requirements to the Surplus Pool, concurrently -

(a) assigning the said officer such duties in any department as the Principal Permanent Secretary may deem appropriate in view of the officer’s skills and abilities; or

(b) assigning such officer for retraining in a specialisation, skill or profession in which the public service has a shortage of staff.

(3) A public officer in a substantive grade who is assigned to the Surplus Pool shall retain his substantive grade.

(4) An officer who has been retrained to a satisfactory standard in terms of subarticle (2)(b) may be withdrawn from the Surplus

*this article is not yet in force.

(5) The duration of the assignment under subarticle (2) shall be determined by the Principal Permanent Secretary.

*