POWERS, FUNCTIONS AND DUTIES OF THE PUBLIC SERVICE COMMISSION

In terms of Article 113 of the Constitution the functions of the Commission shall be defined by an Act of Parliament and shall include the power:

To advise the President and the Government on:
  • The appointment of suitable persons to specified categories of employment in the Public Service, with special regard to the balanced structuring thereof;
  • The exercise of adequate disciplinary control over such persons to assure the fair administration of personnel policy;
  • The remuneration of any such persons
  • All other matters, which by law, pertain to the public service.

To perform all functions assigned to it by Act of Parliament.

To, if requested by the President to do so, advise the President on the identity, availability and suitability of persons to be appointed by the President to offices in terms of the Constitution or any other law.

The PSC Act, 1990 (Act 2 of 1990), is an extension of the provisions of Article 113 of the Constitution. The Public Service Commission has the power of inquiry it may summon or call any person and administer an oath to or accept an affirmation from any person.

The Public Service Act, 1995 (Act 13 of 1995) provides for both the recommendatory and advisory powers of the PSC. The Prime Minister approves various matters on the advice of the PSC. In terms of Section 9 of the Public Service Act, after consultation with the PSC, the President may vary or reject such recommendations and the Prime Minister may vary or set aside such advice.

The Public Service Commission also makes recommendations on the following:

  • Directives, practices and systems created to give effect to both personal and non-personal Personnel Administration
  • Deviations from the above directives, practices and systems on the merit of individual cases,

The Public Service Commission is a major role-player in the balanced structuring of the Public Service through the implementation of the Affirmative Action (Employment) Act, 1998 (Act 29 of 1998) with the aim to “achieve equal opportunity in employment in Offices, Ministries and Agencies, as well as Regional Councils.

Furthermore, it is done in accordance with Article 10 and Article 23 of the Namibian Constitution to redress through appropriate affirmative action plans the conditions of the disadvantaged in employment experienced by persons in designated groups arising from past discriminatory laws and practices; to institute procedures to contribute towards the elimination of discrimination in employment; i.e. gender and disabled persons.

The PSC is also required to recommend and give advice with regard to disciplinary matters in cases of misconduct, appeals and grievances.